Valley enforcement Parking fine

[ozzy1000]

hi guys,

this was the response I got from my canadian-lawyer-brother-in-law;

 

Hey O!

Based on our legal system, which is modelled after yours (though now infinitely more evolved) I would tell you that any liability that could arise here would be damages for breach of contract. The owner of the vehicle has no vicarious liability in this circumstance and the contract is an implied one between the parking authority and the driver. The enforcement of the implied contract would have to be in the courts and I would be surprised, given the cost of litigation, if they would proceed to court to seek damages that are less than the costs they will likely incur. I suspect that is why they never pursue these cases. The only exception to this would be if the ticket were issued by a government or municipal body with authority to ticket cars under an Act or Statute. It doesn't seem that that is the case here.

I don't recommend that you provide any explanation to them which might inadvertently create and admission of liability.

I would tell you to ignore them until served with a formal Statement of Claim, if that ever happens. If it does, I'll fly over and defend you.

 

 

 

so that further puts my mind at rest... has anybody here had first hand experience of what i'm going through? if so what was to out come?

 

cheers, o

[buzby]

I'd say 99.8% of cases never get to court. Those that have done are usually for multiple tickets, where the value and added 'penalties' make it worthwhile having a gamble in pursuing formally. There have been a few wins by the PPC (even those not 'planted' in order to show they do take folk to court for PR purposes). As a one-off it is hard for them to prove you agreed to enter into the contract, but if you parked there weekly, then the judge would assume you knew full well and didn't care.

 

Your final begging letter will tell you that they're prepared to offer a discount to settle the matter once and for all. That's they're last shot and it'll be the last you hear.

[Debt dodger]

I got caught up in this ridiculous [problem] this week. Here is a copy of the letter I sent out to them yesterday:

 

6th June 2010,

 

Ref: Parking Charge No – ******

 

Dear Valley Enforcement Ltd,

Not that you probably care, but this is a letter of complaint for the unscrupulous way your parking attendants are attempting to gain money via commission from law abiding citizens by targeting their vehicles as they queue for their pay and display ticket.

On 1st June 2010 I parked at my local retail centre to visit Argos. Whilst queuing at the ticket machine I chatted to other motorists and obtained my ticket. I then noticed somebody photographing my car. When I went over to investigate, your agent said I was not displaying a ticket in my vehicle. I explained that I had only arrived a few minutes ago and showed him the ticket that I had moments earlier got from the machine. “How can I display a ticket unless I leave the vehicle to go and get a ticket from the machine” I asked. He appeared sympathetic but said the penalty notice had already been written out and that I must now appeal.

I enclose a copy of the issued penalty notice and valid Pay & Display ticket which is clearly marked 1 minute before the penalty notice was given.

I have knowledgeable friends in high places and I know that legally you do not have a leg to stand on in this instance so I trust this will be the end of the matter.

Should I receive any further correspondence relating to this matter from either yourselves, a debt collector or solicitor, then rest assured it will be filed in evidence for my potential unlawful harassment case against you so do yourselves a favour and save yourselves the postage. You will receive nothing from me and no amount of threatening letters is going to change that.

I’m not even providing my name or address. If you want to waste money by requesting it from DVLA from my registration details then by all means go ahead. It’s your money. Just know that this is the one and only piece of correspondence you will receive from me, which I begrudge paying the cost of a stamp for. I will waste no more of my money or time on your desperate [problem].

Yours,

Disgruntled Victim.

[ozzy1000]

I'd say 99.8% of cases never get to court. Those that have done are usually for multiple tickets, where the value and added 'penalties' make it worthwhile having a gamble in pursuing formally. There have been a few wins by the PPC (even those not 'planted' in order to show they do take folk to court for PR purposes). As a one-off it is hard for them to prove you agreed to enter into the contract, but if you parked there weekly, then the judge would assume you knew full well and didn't care.

 

Your final begging letter will tell you that they're prepared to offer a discount to settle the matter once and for all. That's they're last shot and it'll be the last you hear.

 

 

buzby,

what do you reckon the chances of them taking me to court over 2 tickets are?? given that thats £260 in total they're trying to [problem] from me? i have to say its making me nervous.....

 

o

[buzby]

Are the two tickets for the SAME location? if so, i'd re-assess the percentage to be 98.5%. Not a massive change - you really need to look at having 6+ invoices before it becomes worth the effort to pursue formally.

[ozzy1000]

Are the two tickets for the SAME location? if so, i'd re-assess the percentage to be 98.5%. Not a massive change - you really need to look at having 6+ invoices before it becomes worth the effort to pursue formally.

 

yes the same location... roughly how many people do you know personally that have had run in's with these people and got away with no hassel?? I've read loads about people standing up to them but nothing of first hand postitive outcomes,

 

o

[buzby]

This particular company? Personally, none. Anecdotally 2 (this is in 6 years).

[ozzy1000]

This particular company? Personally, none. Anecdotally 2 (this is in 6 years).

 

 

is that 2 people that got left alone or that got taken to court? sorry to be picky but I'm feeling abit stressed about this,

[buzby]

As per your question ' had run in but no (formal) hassle'!

 

If you're going to make yourself ill - pay them. This will be an end to the matter, but basically you do everyone else no favours, as it is the same as giving sweets/money to the school bully. They're feeling the oinch, but many cannot stand this type of legalised harassment and pay up to get it over with. A great shame, but true.

[Al27]

Ozzy - I'd love a private parking company to take me to court. But I've got more chance of winning the lottery.

 

Your brother in law is completely correct. Not only are the chances of court vanishingly small, but they wouldn't have a legal leg to stand on anyway.

 

This is a mail [problem]. They make money by making people nervous and eliciting the same response you're having.

[billy bob66]

debt dodger did you get a reply from your letter?

 

would love to know what happens next.

[piningirl]

I was in Crawley in April, parked in the open car park next to Bar Med which is patrolled by Premier Parking Solutions. On my return, I saw a man taking pictures of my car. I grew suspicious and went to ask him what he was doing as I knew my ticket was still valid for a while. What happened was the attendent issued me a ticket, his reason was my car was parked slightly outside the bay. That sneaky b*****d was taking evidence! I challeged him on the spot, pointed out there was another car that was parked outside the bay so he should also give that vehicle a ticket. Coincidentally the owner of the vehicle came to collect the car, I said to the attendent give him a ticket now, his car is outside the bay but he refused. Obviously the owner of the car quickly drove away. I was convinced the b*****d has some sort of discrimination against 4X4s or these cars made a easy target for them!

It was quite blatant that its a case of "different rules for different people"

In the end I managed to refuse accepting the PCN, he took it back and just left without forcing the issue. Then I managed to take a picture of another vehicle parked outside the bay but without a PCN being issued. At that point I thought the PCN was cancelled.

I heard nothing for 2 months, then out of the blue got a letter today from a debt collecting company asking for £127, but the place on contravention is actually somewhere else. The letter indicates their client is Valley Enforcement Ltd not Premier Parking solutions.

I am very worried, on the advice of trading standard, I wrote to the debt collector to get them put a hold on the matter. I am also writing to Valley Enforcement claiming I was never at the place they claimed I was and for an explanation as to why they have not contacted me before referring the matter straight to the debt collectors.

Do I really have to pay the £127? What if I don't?

I am desperate for some advice, please.

[piningirl]

Can some of the victims of Valley Enforcement Ltd tell me the outcomes if they have not paid the fine?

Edited June 29, 2010 by piningirl
repeat

[kiptower]

the best news you have heard

 

its NOT A PARKING TICKET its a [problem] INVOICE

 

you dont owe them a penny

 

have a read on the many threads about how it works

 

as for DEBT COLLECTORS they are a nobody with no legal powers,

 

dont write to anyone , you dont have to

[piningirl]

Thanks for the advice. Are you saying I should just ignore the letter? What if they write to me again? The debt collecting firm bloke said he will just keep on chasing and chasing until it is paid. But they have a picture of my car?

[kiptower]

first the pic mean sweet F A

 

and he would say that

 

they give up afer 5 - 8 letter

 

and dont be taken in by the Plastic Solicitors letters either

 

as suggested have a read around the many post about PPC's and how they work the [problem]

 

there is a link on one of the threads to a UTUBE clip from watchdog where they challenged McDee's and their PARKING [causing problems] lot

 

or here on the BBC website

 

BBC - Watchdog: Big charges with your Big Mac

[piningirl]

Thanks for the link, I just had a quick look. It sounds reassuring, I think I will ignore them from now on and see what happens.

I hope it will turn out OK in the end!

[DBC]

Thanks for the link, I just had a quick look. It sounds reassuring, I think I will ignore them from now on and see what happens.

I hope it will turn out OK in the end!

 

Of course it will turn out OK. You are taking these clowns too seriously. Just relax and get on with your life.

[letshelp]

As DBC has said you are taking these clowns far too seriously. Don't get hung up on, Debt Collectors they have no powers whatsoever except to send you letters, sometimes in scary red ink.

More bad advice from trading standards, it never fails to amaze me that the people tasked with protecting us from these sort of scams know nothing about them.

DO NOT contact them (The PPC) again, and just ignore all the free toilet paper they will send you. If in doubt come back on here for more advice.

regards

[piningirl]

Thanks letshelp for the reassuance. So far I have requsted for proof from the debt collectors. I did write a couple of letters addressed to CCScollect and Valley Enforcement. But after advice from kiptower, I decided not to send them. So when the photograph comes, I will just ignore all communications.

Edited June 30, 2010 by piningirl

[piningirl]

A a big "thank you" to you all who try to help me. I really appreciate the support.

Edited June 30, 2010 by piningirl

[billy bob66]

most people giving you much needed advice on here have all had dealings with one bunch of robbing gits or another. ( me included )

 

please dont lose sleep over this, you have no fine, charge, or beer tokens to pay to these low life with no morals.

 

just remember to ignore, ignore, ignore, have a glass of wine,(paid for with the money you would of sent to these **** bags,) then ignore some more.

 

billybob

[ozzy1000]

no further word yet?? they have sent (i think?) three/four letters for each alleged ticket and now it seems to have stopped there?? we'll wait and see i have a bunch of nieghbours who are very interested in the out come of this, one is planning to get a ticket on perpose just to join the fun

[lamma]

don't hold your breath !

[adamtheyido]

Hi everyone

I was parked in the same car park as piningirl back in may. We recieved a ticket for £70 not displaying the ticket correctly(blew onto the seat), they said it would be £100 if we didnt pay in 14 days. After reading this and moneysavingexpert.com, we decided not to pay these robbers. We only recieved a letter today asking for £127!!

We have still decided not to pay, but we are not sure if we should write to the company or not. We have a decent template letter to use and just wondering if it did eventually go to court, would it look better if we had replied or not, or would it make no difference?

We understand that to make us do anything, they have to take us to court, and were not particularly worried. But we have to save just incase, anyone know whats the worst damage they can do in court, in the way of fines?

Many thanks

 

Wish Popcorn had responded to let us know wht happened!

Edited July 7, 2010 by adamtheyido