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    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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Assaulted by CEO!


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Hi all,

 

So, i'm back from holiday and a few hard weeks at work and a "Friend" has asked me to get the word out on this.

 

On Friday, he parked in a Car Park in Aylesbury (P&D, run by th Council). He realised he didn't have change for the machine so went to a shop just up the road to get some. When he came back, he found a parking ticket on his car. He then approached the CEO (who was still stood in the car park by the machine) and tried to explain the situation to her. Both sides got a bit heated, at which point the CEO started agressively thrusting her hand at the sign.

 

My "Friend" gets his phone out to photograph the CEO/Sign. The CEO starts shouting "You Can't Photograph Me" and lashes out with her notepad, slapping the phone to the side and then she strikes him in the face with the notepad.

 

I then approach as she looks like she may hit him again, and say she has assaulted a member of the public and that I am going to call the police. While I am dialing 999, she says "two can play at that game" and gets on her radio and heads off up the street.

 

Sufficed to say, my "Friend" has complained to the Council re. the CEOs actions and is considering following through on the assault charge.

 

 

He has also asked me to ask a question re. the ticket:

He was parked in XYZ "Street (ABC Yard) Car Park" (This is on the Parking order). The ticket states "XYZ Street Car Park". The parking order that covers the Car Park he was in also has an entry for "XYZ Street" as a seperate parking area.

 

Would this discrepancy invalidate the ticket?

 

Thanks,

H

 

 

 

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what about CCTV i bet there's one

might be able to get the footage via SAR? or freedom of info act?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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How many car parks are there on ABC street, not including the street itself? If there's just this one, I don't think it makes any difference.

On XYZ Street, officially none - the car park access is from ABC Yard (another road off of ABC Street). On the Council Asset register, the carpark is ABC Yard. On the Parking order it is "XYZ Street (ABC Yard)".

 

The same Parking Order ccovers the on-street pparking on XYZ Street.

 

Out of interest, did the police turn up and take a statement?

The police did turn up in under 5 minutes, it was actually one of the Armed response units :|

 

No statement has been taken yet - the police wanted him to go to the station and when he did, there was no one "able to take a statement" available.

 

what about CCTV i bet there's one

might be able to get the footage via SAR? or freedom of info act?

 

dx

There is a CCTV Camera on a tall pole right by the sign in the car park. At the time, it was pointing up the street and the CEO/"Friend" would not have been in shot.

 

 

Thanks for the replies so far!

 

H

 

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In my view, only if there is more than one car park which could be described as "XYZ Street Car Park". If this is the only one which could fit that description (I realise it's not accurate!!) then I think it would be bound to fail.

 

If there's more than one, you might find that the wrong location has been entered.

 

Having said this, an appeal will only cost a stamp, so you've nothing to lose either way.

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In my view, only if there is more than one car park which could be described as "XYZ Street Car Park". If this is the only one which could fit that description (I realise it's not accurate!!) then I think it would be bound to fail.

 

If there's more than one, you might find that the wrong location has been entered.

 

Having said this, an appeal will only cost a stamp, so you've nothing to lose either way.

 

Thanks Jamberson, I think my friend will put in an appeal given that the same parking order covers the street...

 

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have you given a statement to the Police about your assault, yet?

 

Basically, the police really didn't want to investigate it and my "friend" decided it would be a good idea to show some good will and not pursue a complaint of assaultwith the Police.

 

However, he has made a complaint to the council and they have asked me to provide a written account of what happened. They seem to be taking this seriously.

 

H

 

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not to sound cynical but good will to whom exactly?

 

The sceptic in me in telling me this "friend" wasn't really assaulted.

 

I can imagine not reporting something like this if you were in danger or from fear of retribution, but a bloody traffic warden? Throw the book at them!

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not to sound cynical but good will to whom exactly?

 

The sceptic in me in telling me this "friend" wasn't really assaulted.

 

I can imagine not reporting something like this if you were in danger or from fear of retribution, but a bloody traffic warden? Throw the book at them!

 

Basically, the polie didn't really want to investigate it at the time and when he made a trip to the police station to give a statement, there was no one there to take a statement. He doesn't want the hassle of trying to persuade the local police to look into something they don't want to.

 

He was also only looking for an appology, and for the CEO to realise she was in the wrong.

 

 

Well, that sceptic in you is being quite rude. I came here to get advice for my friend, not to, basically, be called a liar/my friend to be called a liar.

 

H

 

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I do apologise if you thought I was being rude, that wasn't my intention and I am sorry.

 

The thing is assault is very serious, even if the police didn't want to investigate, unfortunately that is their job and they should be doing it if you told them you wanted it investigated.

 

I just think it's strange that she hit him in the face with a notepad and he/she doesn't care.

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I do apologise if you thought I was being rude, that wasn't my intention and I am sorry.

 

The thing is assault is very serious, even if the police didn't want to investigate, unfortunately that is their job and they should be doing it if you told them you wanted it investigated.

 

I just think it's strange that she hit him in the face with a notepad and he/she doesn't care.

 

Oh, don't get me wrong, he is taking it seriously and does care. The fact that the police didn't want to investigate is a barrier so the easiest way to have this CEO "dealt with" is a complaint to the council. The council are taking it seriously, and the CEO has refused to apologise, both formally and informally.

 

H

 

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You need to go back to the old bill and if they won't take a statement, ask to speak to a senior officer. Be polite but insistent. Make sure you record the names of the officers you speak to. If they still won't take the matter seriously then you should warn them that you will make a formal complaint to the IPCC. Be prepared to do so if they still won't play ball.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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