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Demands from Parking enforcement companies - advice and template


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Have you received a demand from a private parking enforcement company?

 

Many owners of privatre car-parking areas such as supermarkets, shopping malls and shopping centres have now opted to use pcar park rivate management companies (CPMCs) to run their car parks.

 

As far as we can see, the majority of these CPMCs choose to manage their clients' car parks in what we think is a quasi-public sector/police enforcement style.

 

One can only imagine that their clients, who by and large, represent very familiar and reputable brands, are fulloy aware of how their car parks are being managed even though there are compelling arguments to suggest that the mannner in which these CPMCs present themselves breaches codes of practice which are meant to control the Industry.

 

Our view is that there is a serious question mark over the enforceability of the charges which are demanded by these companies.

 

The most common advice from contributors to this forum seems to be that demands from CPMCs should be ignored and indeed that seems to be the advice generally across the Internet including on or two very significant forums.

 

We also understand that even the police may themselves have advised individuals to ignore these demands.

 

CPMC demands are inevitably accompanied by threats of court action and threats of addional costs. However, we do not know of any court actions which have been successfuly brought by any CPMC when the claim has been defended.

 

We do understand that some judgments have been obtained but as far as we know, these were all obtained by default against defendants who did not respond to court documents.

 

If you do receive a document from the court, YOU MUST RESPOND.

 

 

Whether or not you want to ignore a demand from a Car Park Management Company for payment of a charge apparently incurred as a result of some parking event, is up to you.

 

However, it may be better to respond at least once in order to put yourself on record. If later on you then discover that a judgment was given against you for a claim which you did not receive, you will have a very much better argument for having the judgment set aside.

 

Don't forget that what ever might be expressed to you in a CPMC demand, you are under absolutely no obligation to provide any information about you or any other person associated with the car.

 

Our advice to you is very strongly - DO NOT PROVIDE ANY INFORMATION.

 

 

We do not think that you can harm your position by responding to a CPMC demand. If you do decide to respond then we suggest that the template below might be sufficient.

 

We would very much like to see any responses which are received in reply to the letter below or to any other acknowledgment.

 

Dear Sir/Madam

 

Thank you for your letter dated XXXXXXXX.

 

I do not agree that I am indebted to you in anyway.

 

If you believe that I am then please will you supply me with full details of the basis upon which you say that an obligation exists.

 

For the avoidance of doubt, please note that nothing which I receive from you will be treated in confidence even if correspondence which you send to me is marked "confidential".

 

 

 

 

 

 

Yours faithfully

 

The paragraph dealing with confidentiality is intended to make it clear that you are fully at liberty to disclose any information whcih you may receive from them to anyone you choose.

 

If you have made this clear to them, then do not be worried if you receive correspondence from them which tries to assert a duty of confidentiality.

 

Generally, people who write confidential letters to you, mark them as confidential in order to protect themselves.

 

By serving a no-confidentiality warning in this way, anyone who writes to you does so at their own risk as to whetgher or not you decide to disclose the information contained in their letters or documents.

 

If you have any misgivings about this then please discuss it with us in a thread

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  • 3 weeks later...

bump.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 4 weeks later...

it now has a new legal term

 

speculative invoicing

 

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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  • 10 months later...

Hi, I am helping a friend who has been in the country for about 4 years, I help him with all his insurance, utilities and even helped him get a mortgage. His reading is not good but he has a grasp of how things work.

So, when he gets a parking notice he brings this to me for help. He parked in an asda car park, paid for parking and when he returned he was greeted with a ticket. I emailed a copy of the ticket along with his name and address, as it stated all this was needed for an appeal. The appeal was refused as their client(asda) states that customers must display a ticket in the windscreen, this was accompanied with photos of all 4 sides of the car.Now, he has received letters from debt collectors as he has not paid.

There are 2 points that I would like help with, firstly I assume that at some point it will state that a contract has been entered into, can my friend have entered into a contract if he could not read the parking conditions? The other point is my friend still says he did leave the ticket on the dash, it was under the dark edging of the windscreen. I would like to respond to the debt collection letter as it did say that payment has not been received and no dispute made.

Any advice is very great fully receive.

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I wouldn't advise responding to the debt collectors other than to completely deny acknowledgement of any debt in respect of the original invoice from the PPC (Town and City?), and that they must refer the issue back to their client. That ought to see off the Debt Collector (although odds on it won't, although if they persist you could report them to the CSA or even worse threaten harassment on them). The real issue here is that even if a contract HAD been formed (which you could argue was not the case) then the redress for breach of any contract under contract law is liquidated damages (or a genuine pre-estimate of what those damages would be) only. In this case, he has bought a ticket so their liquidated damages are zero. For this reason, if it came to court it wouldn't last five minutes before being kicked out. He certainly doesn't owe them some arbitrary sum dreamt up by ASDAs or the PPC (£60?), which is in effect a contract penalty and therefore completely unenforceable.

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thread is a year old start your own

 

see my sig

 

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... 

Link to post
Share on other sites

Please note that this topic has not had any new posts for the last 3345 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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