Civil Parking Charge Notice

[marko7969]

Hi all,

 

I've been reading the forums in search of a solution to my problem, i've found some good advice but thought i'd post hoping for a personal reponse.

 

Here's my problem:

 

I parked in Durham University Hospital, in a private car park at the far end of the Hospital grounds.

 

Now i bought a ticket, but it must have blown/fell off the dash and on to the floor. When i got back, i had a parkint ticket.

 

I have written to LDK Security Group, explaining what had happened, and sent them the ticket.

 

They have replied:

 

"we appreciate the comments noted in the letter; however we regret that we will not be able to CANCEL the above mentioned Parking Charge Notice.

 

By Parking your vehicle and not CLEARLY displaying a valid ticket, you consented to the risk of receiving a Parking Charge Notice. There are several clearly displayed warning signs throughout the site in question.

 

We now look forward to rceiving your paymen t of £60.00 witihin 7 days after which charges will increase to £90.00. Your details may be passed on to our debt collection agency without further warning. Further charges will be incurred as a result and you can avoid this."

 

Now, i have rang them an told them, i HAD a valid ticket, so i will not be paying!

 

They again mentioned debt collectors

 

What now?

 

I will probably be sending them one of the template letters written on this forum

 

Any advice?

 

Thanks,

 

Mark

[JimmySpangle]

Pity you didn't read here first. The advice would have been to IGNORE them completely. Now they know you were the driver because you have told them so, they will hound you to death.

[the_freedom_trail]

If you are a bit of a joker like myself you could write back and thank them for their comments and then say that you regret to advise them that there is no charge to cancel . Seriously though, ignore them and they will scurry off in to the gutter once more.

 

TFT

[marko7969]

Pity you didn't read here first. The advice would have been to IGNORE them completely. Now they know you were the driver because you have told them so, they will hound you to death.

 

agreed!

 

extra bit info, it says at the bottom of the letter "member of the british parking association"

 

well i checked BPA website, LDK are not a member

 

so i'm scanning the letter i received and emailing the BPA who are not too happy that they are using their logo!

 

what should i do? just ignore them or send a template like this one: http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/119917-private-parking-tickets-template.html

 

??

[JimmySpangle]

IGNORE them.

[the_freedom_trail]

Seriously, here is the advice and reasoning behind it.

 

Firstly, the advice is ignore them.

 

Secondly, the reasoning behind this is that they only way they can enforce this charge is by taking you to the county court. This is not only costly but also very time consuming for them. Consequently, the cases that arrive at court are typically less than 1%. The law a private parking company relies on is contract. LDK would have to convince a judge that you saw the signs and that by parking your car had entered in to a contract with them.

 

The first issue is that they would have to prove that you could have reasonably seen the signs.

 

The second issue is that it is unlikely that they even have the agency rights to offer parking on the land at a charge.

 

The third issue is that they can only recover the true cost you have caused them which is probably about 50p.

 

The fourth issue is that the charge is unlawful within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999.

 

The fifth issue is that the charge is a penalty at common law and is therefore unenforceable.

 

The sixth issue is that the paperwork that PPC's often chuck out is so misleading, fraudulent and deceitful that you would need balls of steel to let a judge see it.

 

I could go on but by now I think you are starting to get a good idea of which side the law is on. Please, please, please do not think that a private parking ticket is anything to do with a Local Authority Penalty Charge Notice - they could not be more different.

 

Regards,

 

TFT

[Al27]

The BPA don't give a toss. They're all in the [problem] together so don't care who uses their logo or how their members act.

 

Do now what you should have done from day 1: DO NOT CONTACT THEM. IGNORE EVEYTHING.

 

Templates are a waste of time and just highlight you as a hooked fish.

[thecca]

Hi all,

 

I've been reading the forums in search of a solution to my problem, i've found some good advice but thought i'd post hoping for a personal reponse.

 

Here's my problem:

 

I parked in Durham University Hospital, in a private car park at the far end of the Hospital grounds.

 

Now i bought a ticket, but it must have blown/fell off the dash and on to the floor. When i got back, i had a parkint ticket.

 

I have written to LDK Security Group, explaining what had happened, and sent them the ticket.

 

They have replied:

 

"we appreciate the comments noted in the letter; however we regret that we will not be able to CANCEL the above mentioned Parking Charge Notice.

 

By Parking your vehicle and not CLEARLY displaying a valid ticket, you consented to the risk of receiving a Parking Charge Notice. There are several clearly displayed warning signs throughout the site in question.

 

We now look forward to rceiving your paymen t of £60.00 witihin 7 days after which charges will increase to £90.00. Your details may be passed on to our debt collection agency without further warning. Further charges will be incurred as a result and you can avoid this."

 

Now, i have rang them an told them, i HAD a valid ticket, so i will not be paying!

 

They again mentioned debt collectors

 

What now?

 

I will probably be sending them one of the template letters written on this forum

 

Any advice?

 

Thanks,

 

Mark

 

 

Hi everyone

 

My partner have parked at Lidl and have same problem as Mark. He did purchase a ticked and plased on the dash but while shutting the door the draught might have blown the ticket on the floor.

 

And silly me had written an appeal giving them my details, without knowing anything about private companies issuing an invoice.

 

The appeal i wrote says:

 

Dear Sir/Madam

 

I am writing in regards to a penalty charge noticed issued to me on the 19th of November 2009 at 13:20 hours at LIDL Barking; Vehicle Reg: .......

I would like you to look at the case and cancel the PCN due to me having paid and displayed a valid parking ticket at 13:16. I do not actually understand why the warden has issued me a ticket.

I have attached a copy of the parking ticket and the PCN.

I would really appreciate if you look at the case and have this PCN cancelled?

 

Please find attached copy of the penalty charge notice and my parking ticket.

 

Looking forward to hearing from you very soon.

My full details are: ....................... I have given my details not partner due to being legal owner.

 

I have received same reply as Mark did.

 

I was not actually the driver. I was not even there.

I did write the apeal from my name because i thought that i m responsible as i am the legal owner.

 

What shall i do now?

Any advise?

 

Did you hear from them again?

 

Please anyone to advise me.

 

 

Many thanks

[dpick]

As already stated in the above posts ignore, then ignore a bit more, then just keep ignoring.

 

2 letters from PPC

2 letters (now with red print etc) from DCA

2 letters (we will take your dog,wife or your kids) from supposed solicitor.

 

The letters get more desperate and dafter as they go along.

 

then peace and quiet.

 

dpick

[asmodeus]

The 'Solicitor' will invariably add all sorts of extra costs that can be added to make the sum of money they are trying o extort even more scary - this is all it is SCARY.

 

They have no legal means of making you pay and the only way they hope to be able to do this is to scare you into thinking the consequences of ignoring are going to have a huge impact on your life

 

They cannot touch your credit file until they have been to court which is highly unlikely for the reasons given by TFT above, win (isn't going to happen) and you refuse to pay whatever the Court deemed reasonable

 

Ignore works well as will will tire and go off to try and mug another unsusopecting motorist

[Al27]

The letters get more desperate and dafter as they go along.

 

I like the word 'dafter'!

[thecca]

i really hope they will stop. see how it goes

 

tnx