taken to court by CPS parking. now bailiff has visited

[queensclose]

my neighbour received a private parking ticket from cps parking for parking in telford,

done what he thought was right and ignore ignore and more ignoring nasty letters.

 

yesterday while cutting his lawn a court bailiff walked into the garden and introduced himself and produced a warrant of execution.

 

my mate denied he knew anything about it. the bailiff called cps parking who give him the offending cars reg. which was parked on the drive.

he protested that he has not received any court papers. bailiff said if my mate had an issue he should take legal advice.

 

my mate asked him to leave and he said he was going to levy on goods. a quick call to the police who confirmed they would not attend because he court bailiff had a warrant which give him the right to attend.

 

ok bailiff says he will not levy on the car because its financed. but levied on a sit on lawn mower worth around £1500. debt is £300.

bailiff entered garden via open gate.

 

my mate refused to sign the levy. but bailiff started to call removal truck. so he signed the levy

 

bailiff has said he now has 14 days to lodge with the court an N244 or n245 or pay in full

 

he thinks hes gonna have to pay.

 

any ideas

 

http://i1176.photobucket.com/albums/...lose/121-1.jpg

[dx100uk]

get it set aside as he knew nowt about the CCJ to be able to defend it.

 

dx

[ploddertom]

He needs to ring the Court ASAP and find out when this was obtained and what address all docs have gone to. Has he by any chance moved house and left his vehicle registered at the old address. They will have obtained Judgment by Default and as DX says there is a good chance he can apply for Set Aside - Form N244.

 

PT

[BRIGADIER2JCS]

subbing

[fork-it]

Is this a parking violation on private land? or is this a council parking ticket?

 

Get the PCN number and Phone TEC 08457 045 007

 

Your photobuck image is not working

[queensclose]

http://s1176.photobucket.com/albums/x325/queensclose/?action=view&current=121-1.jpg

 

he phoned the court earlier. it was issued at northampton county court.

it was a judgement by default. its a private land he parked on.

 

the clerk said he can try to have it set aside at a cost of £70 . if he didn't receive the court papers but it will just go back to square one and the parking company could still pursue him adding extra costs.

 

just talking to him now. i think he just pay it.

[brassnecked]

The CPS parking trolls will be boasting about this one on MSE and pepipoo imho, as if it is a Private Invoice they would be hoping for a default, as they tend to lose defended cases, due to imposition of a private penalty bears no relation to the actual contractural loss which can be a fat Zero quid. If it is a private "ticket/invoice" it will be nothing whatsoever to do with TEC imho,

Edited July 6, 2011 by brassnecked

[queensclose]

He has borrowed my laptop and is gonna spend the next few hours reviewing other private parking posts before deciding what to do

[ploddertom]

It may be best now to click the little black triangle to the left and ask for this to be moved to the Parking Forum, there are those there who can help with further advice.

 

PT

[brassnecked]

Might be worth OP revisiting if bailiff becomes naughty and if there really has been no prior warning of action, and it is a default for a PPC the set aside may well be a good move, as at least it removes the bailiff out of the equation for the present.

[queensclose]

update

 

something has come to light and he will be going to court tomorrow to set this aside.

 

we have been advised not to post anything until its set aside because cps parking monitors the forum and is known to prepare their case from comments left

 

many thanks

 

i think cps parking has just lost another case

[ploddertom]

If you are going to file for Set Aside which is done on Form N244, you should also apply to suspend the Warrant the Bailiff has - Form N245. Applying for Set Aside alone does not prevent enforcement continuing. Also the application has to be made to the Court where the original Judgment was made.

 

PT

[dx100uk]

they didnt win this one anyhow

 

all they did as with all the others is BE DECIEPTFUL

 

and get it in by the backdoor under false pretences

 

get it set aside

then contest it in court if they ever try again.

 

i have heard it said that there was a very recent case that they got default judgement whereby they

somehow preventad all paperwork getting to the OP

 

i wonder

 

QC can you PM me the reason please

 

there is something very fishy here

as thats a warrant

which means the case was ages ago.

 

dx

[brassnecked]

Yes the ppcs are being naughty at present, as they KNOW that their invoices are largely unenforceable as penalties for breach of an implied contract, and like to go the default route if they can.

 

So as per PT go for set aside and suspension of warrant to get rid of the bailiff, and post back AFTER things are sorted.

[fork-it]

queensclose Can you keep us updated as to your progress.

 

Private parking tickets is something I know little about. Can anyone point me to the legislation that sets procedures and enforcement regulations for parking tickets issued by private companies.

[brassnecked]

queensclose Can you keep us updated as to your progress.

 

Private parking tickets is something I know little about. Can anyone point me to the legislation that sets procedures and enforcement regulations for parking tickets issued by private companies.

 

They are governed by the law of contract, and seek to impose a penalty for breach, which as the consequential loss for said breach is potentially zilch, or pennies, ie parking for 3 hours £1 consequential loss for 10 minute overstay is 20p so the "penalty" is excessive and is largely unenforceable in the small claims track they would use. Any wins by a ppc tend to be by default. The whole thing is regarded as a big sc*m on many forums, I would advise a visit to pepipoo, and the MSE parking forums to see what shenanigans the likes of CPS, Excel, Parking Eye and others get up to. they even try to bind the RK into the "contract" when they aren't the driver and threaten Norwich Pharmacal orders to force the RK to give them driver details, as there is no duty to do so for an invoice, and such an order is overkill for a dodgy penalty that may not be enforceable in law anyway.

 

By parking in an area the driver is assumed by the ppc to have agreed to a contract in small print often on signs around 8 feet off the ground and which may be obscure, that obliges them to pay a penalty of £80 for an overstay if the limit is 2 hours, and Tesco use ppcs, and ASDA actually get a share of the penalties if the punter pays up.

Edited July 6, 2011 by brassnecked

[fork-it]

Hang on a sec, (sorry OP to hijack).

 

Do you mean a private company asks you to pay and enforces tickets under the Civil procedure Rules? a 20p overstay is an actual loss for amounting a claim for £100 in the small track?

 

A defence could be Schedule 2(1)(e) of the The Unfair Terms in Consumer Contracts Regulations 1999. Worse still, fraud by falsely representing the claimants true estimate of his costs - difficult since solicitors fees are not recoverable in the small track.

 

Do these parking companies actually file a claim for unpaid tickets? its a very expensive way to go about it, and CCJ bailiffs have very little power recover the money - the claimant pays the £40 bailiffs fee.

[brassnecked]

Hang on a sec, (sorry OP to hijack).

 

Do you mean a private company asks you to pay and enforces tickets under the Civil procedure Rules? a 20p overstay is an actual loss for amounting a claim for £100 in the small track?

 

A defence could be Schedule 2(1)(e) of the The Unfair Terms in Consumer Contracts Regulations 1999. Worse still, fraud by falsely representing the claimants true estimate of his costs - difficult since solicitors fees are not recoverable in the small track.

 

Do these parking companies actually file a claim for unpaid tickets? its a very expensive way to go about it, and CCJ bailiffs have very little power recover the money - the claimant pays the £40 bailiffs fee.

 

That's about it, they rely on fear and a string of ever more threatening letters like a DCA, and usually will go away, when ignored because they rarely do court because they know they will likely lose, so they sometimes take someone to court hoping the defendant won't reply and they get a default judgment. MSE, pepipoo and the parking forums here on CAG are full of examples of PPC tricks.

[letsmakeamark]

It looks like it was issued as a mcol claim in which case this would have been dealt with electronically by northampton. It could eben be a hceo who is collecting.

[fork-it]

HCEO collecting? £600 is an expensive ticket.

 

Has anyone had a private parking ticket transferred up to the high court?

[fork-it]

Been reading this: Is it accurate?: http://forums.moneysavingexpert.com/showthread.php?t=2291335

[fork-it]

This is all new to me. http://forums.pepipoo.com/index.php?showtopic=46975

 

Maybe I should go out and get a private parking ticket and have some fun.

[tomtubby]

[QUOTE=dx100uk;3478870]they didnt win this one anyhow

 

all they did as with all the others is BE DECIEPTFUL

 

and get it in by the backdoor under false pretences

 

get it set aside

then contest it in court if they ever try again.

 

i have heard it said that there was a very recent case that they got default judgement whereby they

somehow preventad all paperwork getting to the OP

 

 

DX an excellent response !!

 

.

The matter of private parking tickets is VERY serious indeed.

 

A tremendous amount of publicity has been generated through the motoring forum here on CAG, Pepipoo, MSE etc concerning the matter of clamping on private ground and with pressure also from the likes of the AA & RAC, this has led to the Home Office Minister; Lynn Featherstone introducing into the forthcoming Protection of Freedom Bill a ban on clamping and vehicle removal on private ground.

This is brilliant news for all those who have campaigned BUT unfortunately, in the forthcoming bill, the Minister is introducing a clause whereby private parking tickets will becoming the responsibility of the VEHICLE OWNER as opposed to the current position whereby the vehicle DRIVER can be found to be liable.

 

Furthermore, the vehicle's keeper will have to identify the driver responsible for parking offences and if he refuses to identify the driver, he will be held responsible.

 

It is of course feared that “rouge clampers” will simply move into the role of “rouge ticketing” and there will be NO regulation of car ticketing.

 

The Minster has done an excellent job in banning clamping on private ground but introducing the requirement for the vehicle owner to be responsible is seriously flawed.

 

The Protection of Freedom Bill will have to go before the House of Lords for scrutiny and the Lords can be lobbied to insist on changes to the regulations.

 

Norman Baker; Minister for Transport is the person responsible for implementing the keeper liability regulations.

 

All private parking companies are supposed to abide by the British Parking Associations Code of Practice.

[queensclose]

update

took my neighbour to the county court this morning. filled in the n244

setting it aside because.

deft was out of the country on the date the ticket was issued ( holiday in malta. copies of the booking submitted)

defts two sons are insured to drive the car and have permission to use the car ( both deny that they used the car that day) copy of insurance details submitted

deft received no court papers prior to the visit ( did receive a bailiffs letter giving 48 hrs notice but thought it was not real as he had not received any court papers)

 

clerk informed a copy of the n244 will first go to the claimant to see if they want to submit a defence. if not the case will be struck out

clerk said we dont need to fill in an n245 because thats only if you agree you owe the money but want to pay in instalments

didnt even have to pay the fee (qualifying benefit)

clerk informed bailiff while we were there and he came to the counter and thanked us for sorting it out

 

more or less i think this is the end of the matter

 

thanks for the support my neighbour spent most of the night going through this forum and looking at other people who have had the similar issues and finally got my laptop back this morning

[seanamarts]

Good news! lets hope it is the end of it, but keep us informed if it bounces back.