TPS Parking Solutions Limited **WON**

[spitfire650]

Find out who the Inspector is at your local station and write to him explaing not just what has happened but also the implications of it and why it must be investigated. Have a look through your paperwork and see if you can find any breaches of the Fraud Act 2006 aswell.

 

TFT

 

I think I will do just that.

[Graham117]

Tell them you have no such 'good will' on your part, and still require your invoices to be paid.

[spitfire650]

Tell them you have no such 'good will' on your part, and still require your invoices to be paid.

 

I am seriously thinking about filing a claim for the £140 invoiced in the County Court as it only costs £25 and their office is a good long way from the court if they want a small claims hearing to argue it.

 

Bearing in mind that my "contract" was them was based upon the same logic as they issue the penalties and I can show a loss for time incurred corresponding I think it is worth a shot.

 

The input of others before making a decision, would be appreciated!

[Graham117]

There is nothing to stop you continuing to write, asking to be paid (to the private address of course!). When you get bored, pass it to one of us who, as your 'debt collection agents' can add on £100 and write some more letters. We could all have a turn!

[spitfire650]

Strange you should suggest that Graham, I did send him a letter on Friday (to his home address) along those very lines:

 

Tito Ponzetta

1 Warwick Court

Kettering

Northants NN15 5NL

 

 

Dear Mr Ponzetta,

 

Disputed Parking Invoice: 0226090916001

I refer to my previous communication to you regarding the above matter.

 

Whilst I note your specious invoice has now been withdrawn, there remains outstanding the sum of £140 to me and for which I require settlement.

 

I would be grateful if you would advise on what legal basis you think a member of the public is prohibited from writing to an officer of a company at his published address, particularly when correspondence to the business address does not receive a satisfactory reply.

 

Your extraneous objection is somewhat ironic bearing in mind your company’s business is sending unsolicited and bogus demands for money to members of the public followed by threats of legal action when they object.

 

I am currently minded to publish your address for the benefit of other victims of your dubious business operation. If you have an intelligent objection to this, please communicate it to me within the next seven days.

 

I also had a call back from Trading Standards who seemed quite interested in them fraudulently advising registered keepers that they were liable.

[kiptower]

spitifre, they could have the case transferred to THEIR local county court, as they are the defendant , if you went ahead, double check of course

[crem]

spitifre, they could have the case transferred to THEIR local county court, as they are the defendant , if you went ahead, double check of course

 

I believe the "transfer to local court" only applies where the claimant is a company and the defendant is a private person. i.e. it is always weighted in favour of the little man not having to travel to the court. In this, as the claimant is "the little man" I don't think the transfer would apply.

 

I could be wrong though so as kiptower says, it would need checking.

[Shinkansen]

I have just received a Parking Charge Notice at a certain ASDA store car-park from Town & City Parking LTD. After an hour of reading around it seems that there really are no legalities justifying payment.

 

You are right, when you say above, that the signage does indeed state "Civil Penalty Charge Notice" on display in the car park. I have taken a picture of this on my phone and plan to upload this.

 

I will be following the advice posted on other forums as to how to deal with these people.

 

To boot, the bungling attendant has not written his numbers very well, and it reads that I have received a ticket for parking for 1hr 50 mins rather than allegedly breaching the 2hr limit. Ridiculous. I still won't be first to initiate contact and will keeping this ticket for future reference.

[david1605red]

... I did send him a letter on Friday (to his home address) along those very lines ... I also had a call back from Trading Standards who seemed quite interested in them fraudulently advising registered keepers that they were liable.

They don't like it up them, do they. I suggest if you don't get a reply within 14 days you send him another letter from a Debt Collector (you could make up a name for this, such as Kneecap Collections) with lots of red writing and chequered borders, then if he doesn't respond to that, invent a firm of solicitors - Graham Black & Associates? - to send him a 14 day letter before action.

 

Then you could download a County Court claim form, fill in the particulars of claim, and send that off with the message that ignoring this will not work, the only way to avoid court action is to pay (insert ridiculous amount inflated with legal costs) now!

[lamma]

sending clones of his own paperwork is interesting. he can't take you to court without admitting his own business is dodgy.

[letshelp]

They don't like it up them, do they. I suggest if you don't get a reply within 14 days you send him another letter from a Debt Collector (you could make up a name for this, such as Kneecap Collections) with lots of red writing and chequered borders, then if he doesn't respond to that, invent a firm of solicitors - Graham Black & Associates? - to send him a 14 day letter before action.

 

Then you could download a County Court claim form, fill in the particulars of claim, and send that off with the message that ignoring this will not work, the only way to avoid court action is to pay (insert ridiculous amount inflated with legal costs) now!

Nice one David, love this.

regards

[the_freedom_trail]

spitifre, they could have the case transferred to THEIR local county court, as they are the defendant , if you went ahead, double check of course

 

When I took Peugeot Financial Services to court, the Judge ruled that the case would be heard at my local court as I was a litigant in person and PFS was a large company.

 

TFT

[the_freedom_trail]

By the way, can I be your Litigation Manager please spitfire650?

 

TFT

[spitfire650]

I don't really care which county court the case is heard in - my local one is over 30 miles away and theirs isn't much further.

 

I realise there is a possibility that the Judge may think the claim is a bit 'opportunistic', but as lamma pointed out my 'contract' with TPS is very similar to the one they claim to rely upon to charge £70 except of course they actually got to see the terms, and I can show these were accepted to some degree.

 

Its got to be worth £25 to find out

[spitfire650]

How does this sound to get the ball rolling on an NI?

 

The defendant operates a private car park and issues penalty notices which it contends are payable by the registered keeper of a vehicle where it is unable to locate the driver.

 

The claimant is owed the sum of £140.00 for loss of earnings and expenses incurred responding to repeated demands from the defendant for payment of a penalty notice which the claimant had no liability to the defendant for whatsoever, full particulars whereof have been delivered to the defendant in writing and are contained in the claimant’s unpaid invoices dated 07/10/2009 and 15/10/2009.

[letshelp]

Don't forget interest.

regards

[Graham117]

I'll gladly offer you threatening letters from 'Graham Magnolia' - my firm of solicitors I just made up.

 

But hang on... if you win, doesn't that mean their spurious contract claims will be stronger because of it...?

 

I'd be interested to know what 'legal action' they think they can take because you wrote to them at their registered address!!

[the_freedom_trail]

IMO, defo gotta be worth £25. This is birlliant lol.

 

TFT

[pin1onu]

But hang on... if you win, doesn't that mean their spurious contract claims will be stronger because of it...?

It'll be a Landmark case that will set a precedent on Planet Perky.

 

Fortunately it's the real world, county court and no precedent will be set.