Parking eye (charge notice) passed to Roxburgh UK

[Jarvis483]

Hello members of the consumer action group.

I have a prediciment and was wondering if any of you could shine some light on my situation as to what you would suggest i do. Here is my situation :

 

I am a door supervisor and around mid december 2011 i was working in manchester city centre. i found a carpark just behind the venue i was working at approx 23:30. the lights on the carpark were all off, the barrier was in the upright position and all bent. the machine attached to the barrier was also off. I then proceeded into the carpark. parked up and went to work. I finished at around 03:00am went to my car and drove home.

A few days before christmas i recieved a letter from parking eye detailing this parking charge notice of £60 which would in creas to £90 and then to £120 if i did not pay this. I thought it was rather odd as it did have pictures of my car ( you cannot see the driver) but no times on dates on the actual photos. the times and dates were typed above the pictures. ( lead me to think any time or date could have been typed there really?)

Anyway i looked for some advice online and was satisfied with the information i had read to just ignore them and get on with my life. I recieved two more letters with the increased charge notices and then no contact was made ever again. Until 6th feb 2012 when i recieved a phonecall from roxburgh UK about a 'personal matter' regarding parking eye. They said they had sent me letters (i have not recieved any from Roxburgh Uk) and that they needed me to give them my address for security reasons. i refused to give them any of my details.

Now they have rang me each day consecutivley since then. what should i do?

 

Any help would be much appreciated,

 

Kind Regards,

 

Martin Jarvis

[BankFodder]

Keep an eye on your credit file. Continue to ignore Roxbugh. Deal with PE if you want but read this forum carefully and also the parking charge case involving Parking Eye which is published on the CAGMag

[Jarvis483]

Thanks BankFodder, why should i keep an eye on my credit file?

and also, is there i link to this case involving PE that i can use to read it?

[ManxRed]

They cannot affect your credit rating without a CCJ, and they can't get one of those without taking you to court and winning. I have more chance of winning the Euromillions. If they ring again you should inform them that the debt is denied and they should now refer the matter back to their client. Any further phone calls from them will be treated as harassment, and you are prepared to take appropriate action if necessary. DO NOT enter into a conversation with them about the parking ticket. If they try to prolong the conversation beyond you giving them the above statement then end the call. If you can record the call do so.

[Jarvis483]

Thanks for that Manx. if they call again i will certainly tell them the above.

[Jarvis483]

Anybody else got any views or advice on my situation?

[queensclose]

ignore them. personally if they phone. i would say i bought the phone off ebay. don't know anyone by that name.

 

i think bankfodder means watch they don't do an outstanding debt search on your credit file

[Jarvis483]

Thanks queensclose. What would an outstanding debt search do to my credit file?

[Jarvis483]

I received a letter from a "solicitors" yesterday demanding £177 for this parking charge. With the possibility of taking me to court.

I shall acan and upload the letter soon so you guys can have a look and advise me what to do?

[BankFodder]

I wonder what is the legal position in respect of the passing of personal data from a private parking company to a DCA - or to anyone else, for that matter?

[sailor sam]

Hang on to it in case you run out of toilet paper.

 

They are chasing you for an un-enforceable debt. As previously mentioned, the only way they can legally recover this money is if they take you to court. They have a few barriers to cross before they can present a case. If they make the claim for 'breach of contract' then they first have to identify the person who entered into that contract which would be the person who parked the car. That may not be the RK (you I assume). They have no way of identifying that person unless you tell them which you have no legal obligation to do so. If they make the claim as 'trespass', then they can only claim 'losses or damages' which would equate to how much revenue they have lost by you parking there. So for example if the tariff was say £5 to park, that is what they can cliam. They cannot recover a penalty charge under current laws because they have no legal status to do so. So anything they claim above what tariff was due, will be regarded as a 'penalty' and the judge will throw out the claim.

 

Ignore any further correspendence and follow the advice given by Manxred in relation to the phone calls. I would assume given your line of work, you are not easily intimidated.

 

In the unlikely event of you receiving an officially stamped court claim doc through your door, come back an we will tell you how to proceed.

[Jarvis483]

thanks bank fodder and sailorsam. You are right, im not easily intimidated at all and believe if it went to court i could win the said case or indeed as you have said, pay the initial losses ( the actual parking fee of about £7.50)

the only reason i wanted to clarify this is to make sure it wouldnt affect me getting credit in the future for example.

 

Thanks again for your help on this matter. I am very impressed with the wealth of knowledge on this forum and the speedy responses to any requests.

 

Cheers,

Martin Jarvis

[Jarvis483]

this is the letter i recieved :

 

 

GRAHAM WHITE I SOLICITORS

 

Michael Sobell Solicitor l Manor House I Lavender Park Road l West Byfleet

Surrey, KT14 6ND I Tel: 01932 332020 | Fax 01932 352617

 

Please Quote Our Ref: X3W1478

Telephone No: 01932 332048

Date: 06 FEB 12

 

Dear Mr Martin Jarvis

 

RE: Roxurghe (UK) Ltd acting on behalf of PARKING EYE LTD

Total Amount Due: £177.00

Account Number: 200006/453047

 

You were written to by our PARKING EYE LTD and their agent Roxburghe requesting the settlement of a PARKING CHARGE NOTICE. Due to the absence of payment, or a valid appeal, our Client has instructed us to recover the total amount due as above.

 

ln order to recover the sum due, PARKING EYE LTD may instruct us to take legal action in the county court and to prevent such action, we would invite you to contact Roxburghe on 01932 332048 to confirm your proposals in respect of this debt.

 

Take note; the costs associated with issuing a claim and subsequent enforcement are as follows (These figures are for illustrative purposes only and would only apply in the event of legal action being taken):

 

Claim issue Fee: £30.00

 

Solicitors Costs for issuing Claim: £50.00

 

Judgment Costs: £25.00

 

Warrant issue Fee: £100.00

 

Solicitors Costs for issuing Warrant: £2.25

 

Total Additional Costs £207.25

 

You should also note that any Judgment registered against you could seriously affect your chances of obtaining credit in the future, as this information can be made available to any interested parties via the Register of Judgments, Orders & Fines, and will remain there for 6 years,

 

Please contact Roxburghe upon receipt of this letter.

 

Yours sincerely,

 

 

Michael Sobell

Solicitor

[sailor sam]

Is it inprinted with puppies?

[Tony P]

As you have the time to copy that all out, read other threads headed Roxburgh and Graham White.

 

Note the use of "may" "would" "any" etc.

Nowhere are they saying what they WILL do. I can answer that - nothing, sweet FA!

[Cardiff Devil]

Usual PPC bullcrap. These letters will have come from the exact same office as Roxburgh. Nobody called Michael Sobell works there, it's just a made up name they put on their printed letters. If they call you again, just say "I'll put you on hold", place the phone next to the TV or radio and leave it there until they hang up.

[ManxRed]

Sobell is a real person, but he doesn't work there, he simply allows Roxburghe to use his name (under the trading name of Graham White, who is also a real solicitor and who's website prominently displays a message that he has nothing to do with this awful company you are being sent letters by). Sobell is under investigation by the SRA for issuing lots and lots of letters threatening court action when in actual fact he (Roxburghe's) has no intention of ever initiating court action. Well, he did try it once, but screwed up the court papers and the claim was struck out.

[Jarvis483]

Thank you very much for all your support and guidance. I will read a few a few of the threads on here and update you if It progresses any further.

Thanks again.

[sailor sam]

Your welcome. Now will you let us in with trainers on?

[Tony P]

LOL

Or make my day (year even) by asking me for proof of being over 18?

[Jarvis483]

You'll all be shocked to hear that the venue I'm on at the moment allow trainers

That's oldham for you! Ha

[honeybee13]

Are you working at a sports centre then? We'll be along later...

 

HB

[Jarvis483]

Haha, I wish. Its a bar that attracts the cast of jeremy kyle...... :/

[iana]

I have also just had a letter from ROXBURGHE they having sent out the standard letter in relation to an unpaid parking notice and in this letter they have quoted Watteau v Fenwick (1983) a case which relates to owners and agents. (Nothing to do with Parking Enforcement} They say (Roxburghe) that in principle given the facts of that case that the Registered Keeper is responsible for the actions of the agent i.e. the driver and therefore again in principle and in the event of non disclosure the registered owner is liable for the charges. This is not withstanding that when you read other sites in relation to this case they in the main say it was a load of tosh and should have been thrown out but as yet it has not.

In the same post I had a letter stating they were passing my info to their solocitor Graham White if I did not pay.

[Cardiff Devil]

They can quote principles and precedents all they like. None of it matters a jot in cases like this. The fact is that the contract, such as it is, is between the parking company and the driver. RK is not responsible.

 

Anything from Michael Sobell at Graham White Solicitors is sent from the same people. File under S for Shred.