Meteor / Orpington / I'm actually in the wrong - what to do?

[Al27]

They can't decide if they are pursuing a Penalty Charge Notice or Parking Charge Notice. Sounds like they are getting confused with their own in-house unenforceable invoices. It's all well and good photocopying byelaws, but at no point have you, or the owner, been given a notice to pay a penalty as specified in the byelaws. All you've had is confusing and conflicting paperwork with a mish-mash of terms.

 

Personally, I would ignore.

 

I can't take any responsibility if this does end up in mag's court though. I would be astounded if it did though.

[Lebbo]

So I got a 'final notice' / threat of prosecution and possible £1000 fine / fees on top of the £165 they're asking for. Semi concerned because £1k is a LOT of cash and I don't earn that kind of money.

 

What do you all think?

 

Here's the latest letter which gives me 14 days to pay:

 

[Lebbo]

So, what do you folks recommend? I'm so crazily broke. I can't afford £1k in fees / fines. Should I just bottle out for the sake of being sensible and pay the £165 or what?

[crem]

I still find it strange that they insist on referring to "Railways Byelaw 14", yet also still call it a "parking charge" rather than a "penalty". They do also refer to the fact it would proceed to a mags court, (as it would for a byelaws penalty), so very ambiguous.

 

If this is a standard PPC parking charge invoice, then they are being very VERY naughty with all the suggestions on their paperwork.

 

Wait for further input from one of our more learned CAGs in the byelaws field.

[lamma]

the can't increase the statutory amount - IF there is a statutory amount involved. original 'PCN' (laugh) clearly claims contract - mow they are threatening statutory liability instead of contract. They are very different things. This 'confusion' lines their pockets when people fold under the threats. Looks like fraud to me.

[Al27]

Might be worth writing back saying that the Transport Act 2000 they have enclosed states a penalty would be payable, but that you have only received demands for a 'parking charge' for a sum which has no relation to the original alleged statutory charge.

 

I'd be amazed if this went to mag's court, but if you carry on with the game they'll either

 

a) give up and then you can submit all the paperwork to Trading Standards

b) take you mag's court where you would have a defence.

 

As I said, I'd be amazed if it was the latter.

[lamma]

Their initial 'Notice' claims contract. Their own paperwork shows they are trying to make personal gain under 'statutory provision' - and that they planned this from the outset. This one would be fun if it got to court. Are they stupid enough to try it ?

[buzby]

Concur. This is just sleight-of-hand by this Debt Collector. Only the OP can bring this to a head by waiting for a legitimate demand, and raise this points as a valid concern if it is a genuine Byelaw 14 pursuit. There are enough scams around as to make this cautious approach seem reasonable, even to the judge.

[lamma]

In either Mag's or Small Claims ! Don't think it will go to either of them.

[sameagle]

Just a personal view, but.....this has been going on since February - a "real" case would have been in Court by now, I would have thought.

 

Now, I can only think of one reason why they keep dragging it out - not a leg to stand on!

 

Just a personal view

 

Sam

[Amber34]

Is there any update regarding the outcome of this? My partner has the same final demand, although not the luxury of the 6 months gap.

 

I am inclined to think this is a [problem], but not entirely convinced!

[Al27]

Most people just forget the whole thing when the PPC gives up. People only tend to come back if they're one of the 0.1% that get a court claim.

[bw85]

Hi all,

 

Just found this forum and must say what an excellent thread this is. I have one of these notices and on January 4th received what I consider a scaremongering document with final notice to pay £165 or face court blah blah. It was always my intention to ignore this fine and I will continue to do so, these fools try to confuse us with letter mentioning laws and court...I'll take my chances and we'll see what comes of it!

[Lebbo]

Little update....... I have not heard anything since the 'final notice' in October of last year

 

Thanks to everybody here for the support and the advice