Private Parking Ticket Example and fighting this charge

[green_and_mean]

hi

update on my parking ticket,received a letter from solicitors today titled, notice of litigation informing me that court cost would add £207.25 to the £158 they want off me,any one know what i should expect next... cheers

 

Ignore just because they increase the price it doesn't make the claim any more valid!

[HIZZY]

hi

green an mean so you dont think it will get to court then.

[green_and_mean]

hi

green an mean so you dont think it will get to court then.

 

No more than I did when the saga started. Its like poker they will keep upping the odds hoping you will 'fold' and pay up. Even if it did ever get to Court, they would have to prove a) you as the keeper are liable b) there was some sort of contract or loss involved c) the monies they are asking for is correct. With the costs of litigation with staff time spent on the case and attending Court etc they are never really going to make a profit on your case and if they lose it will deter more people from paying. If you consider all that the odds are always going to be in your favour.

[Cardiff Devil]

The last letter is usually the one where the costs have reached somewhere in the region of £270-£300 but just as a favour, they will accept full and final settlement of £75-£90.

[MissQtoe]

A quick work of caution: After ignoring PPC's demands for the past 18 months, I have been issued with a Statutory Demand (pre-petition for bankrupcy). I have applied for it to be set aside because I do not admit to the debt as their demand is based on an unlawful contractual penalty

 

Due to pending legal action I cannot provide more details at this stage, however do take note that a "new process" seems to be followed by the largests PPC in the UK. If there are any solicitors on this site, kindly PM me as I may require legal assistance? So far I'm following the advice on this site, use logic and hope for the best, however I may be a test case?

 

Many thanks - the mozzie

Edited May 23, 2011 by MissQtoe

[Cardiff Devil]

Interesting. Was this from a private parking company invoice or a council / local authority ticket? I'm fairly sure they would need some signed proof that an actual debt exists first (such as a signed credit / loan agreement).

 

This seems a bit unlikely even for a PPC.

[lamma]

Did they get a judgement in default ? i.e. they issued a claim and you ignored it ? How much was it for ? more than £750 ? ?

[MissQtoe]

Hi Cardiff Devil,

 

It is a PPC, no council and no railway bylaws, no credit or loan agreement, just demands to settle their "parking contravention charge notices" based on their standard terms. Their "proof" is the letters of demand posted to me, and my not paying them.

 

I think a new strategy may hit a number of readers, and this one is serious. If you do not apply to set aside a statutory demand, insolvency proceedings could follow.

 

I have requested the demand be put aside and also directions from a Judge, and will let you know how things pan out.

Edited May 23, 2011 by MissQtoe

[MissQtoe]

Did they get a judgement in default ? i.e. they issued a claim and you ignored it ? How much was it for ? more than £750 ? ?

 

Hi Lamma,

 

No judgement in default, no court claims, nothing. Just went straight for a Statutory Demand. I cant confirm the amount as I suspect "that side" will also be on this site, but it was well above £750, including a hellova lot of additional fees and interest at 9,5 APR. I have a good defence, based on their T's &C's which they issued to me which do not include any provisions for charges or interest rates. In my view the demand is unlawful, but let's see what a Judge says.

[Cardiff Devil]

Haha, they're really talking out of their arses then. They can't charge interest as they almost certainly won't have the necessary consumer credit license.

[barbados3104]

Hi I received my first Roxburghe debt collection letter last week demanding £122 for stopping a vehicle in a no stopping area to Luton Airport, APCOA Parking were the ones who sent the first letter and I ignored. I initially rang them when i got the letter to ask what it was for and they stated it must have been when i was dropping of someone at the airport. I was at Luton Airport but i was attending a meeting and did not drop anyone off!.

 

I have now started getting telephone calls from them and I am a little worried aftet MissQToe's post about them going for a statutory demand. I have a good credit score and do not want it affected by these sharks.

 

Should i hold my ground?

 

Sharon

[barbados3104]

Hi

 

Who was the debt collection agency that issued the stat demand, i have stated getting hassle from Roxburghe debt collection agency and hope it is not them.

 

Thanks

 

Sharon

[honeybee13]

Hello Sharon, welcome to the forum. The guys don't seem to be around at the moment, but I suspect you will receive the same advice as everyone else, being to ignore any contact. You've made things a bit more difficult for yourself by going along with their game, but I imagine you'll be able to row back from this and save your money.

 

Have a read around the forum while you're waiting for replies. Generally, these companies are desperate to raise money from unsuspecting punters, but the guys here will tell you for sure. Don't contact APCOA until you've had some answers. The guys know their stuff.

 

My best, HB

[Cardiff Devil]

By hassling you over the phone, they're probably trying to make you slip up by identifying who the driver was. Next time they call, simply state that you do not wish to discuss the issue over the phone, for them to contact the driver by writing, and that any future phonecalls will be ignored.

[Lancs Mac]

Hi guys.

I'm a first-timer here, but have read loads of your advice and already feeling reassured.

Yesterday, I had an excess charge notice from Central Ticketing posted on my windscreen at Moorfield Retail Park in Bury. I needed a few items from Halfords, but first nipped across the road for a couple of minutes to use the loo (there are none on-site). Returned and bought my items from Halfords, then found the ticket, citing non-patron abuse. They want £100, reduced to £65 if I pay within 14 days, but adding on adminstration costs if I don't pay, and threatening court actions, bailiffs, etc. Went back in to Halfords to complain. Assistant told me it had nothing to do with Halfords - usually a couple of shifty guys sitting in the far corner of the car park, watching for vicitms, then sneakily iissuing the tickets as soon as drivers are out of sight.

Now that I've read all the advice,on this site, I know that I should ignore it. I also understand that I mustn't divulge the identity of the driver when I hear from them. One point I'm not sure about - is it best to just ignore everything they are going to send, or should I send an initial reply, refuting their claim and advising them to take up the issue with the driver, who I refuse to name and tell them all future correspondence will be ignored?

[crem]

Never reply to them in any shape or form to admit or deny anything. Leave them digging on their own.

 

btw, does their form actually call it an "Excess Charge"? If so they are already being very naughty trying to make it sound like a council car park "ECN"

 

I presume it ia a free car park, so how on earth can they come up with a ticket citing "Excess Charge" when there isn't a charge in the first place if it isn't for the sole purpose of conning you into thinking it's ligit.

[DBC]

Just ignore. It's as simple as that.

[Lancs Mac]

Yes, it says "Excess Charge." in bold lettering underneath a coat of arms with a yellow and black colour scheme to make it look like it comes from a local authority - which it obviously doesn't. BTW it's a free car park "for patrons of the retail unit" - so you're right - I don't see how it can be classed as an excess charge if there is no charge in the first place.

I'm going to completely ignore, then report back here when I receive my first correspondence from them

[HIZZY]

hi

update on my parking ticket ,ive just received a letter from the solicitors headed FINAL WARNING and that i have 14 days to either pay or tell them who was driving at the time. they also say they are applying to the court under civil procedural rules 31.16 disclosure before proceedings start. this is as follows..31.16(3) the court may make order under this rule where: (a)the respondant is likely to be a party to subsequent proceedings; (d) disclosure before proceedings have started is desirable in order to (i) dispose fairly of the anticipated proceedings (ii) assist the dispute to be resolved without proceedings;or (iii) save costs. so what they are saying is that i would come under the dfinition of "likely" to be a party to any proceedings they may initiate. what do you guys think..

[DBC]

They are being "economical with the truth" as civil procedural rules 31.16 does not apply to the Small Claims Track. Was this letter from Graham White/ Michael Sobell/Roxbourgh ? If so, they are well known for pulling this stunt.

[honeybee13]

Hello there. I think, fwiw, that if you read the letter carefully you will find it full of 'may', 'might', 'could' and similar words. Is it from any of the people DBC mentions?

 

It's highly unlikely you have a problem, you could just be playing into their hands. Keep your hard-earned cash and consider donating 10% of what you would have paid when the threatening letters stop arriving.

 

My best, HB

[HIZZY]

hi

yes the letter is from graham white on behalf of roxburghe.

[honeybee13]

There you go then, .

 

If you still don't believe us, google to find templates of letters from private parking companies or the names you mention. I can't remember what the exact phrase is, but you're very likely to find them. You'll probably have a good game of Snap!

 

My best, HB

[honeybee13]

Btw, you might find this thread interesting.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?306834-Roxburghe-losing-its-licence&highlight=roxburgh

 

HB

[DBC]

I imagine this is the letter. Look familiar?