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    • I've just acknowledged the claim and im reading up on how to do the cca and cpr requests now.   Thanks for all your help         Edit:   I was jus reading the cpr 13 template and it says i am requesting: " 1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.   2: Notice of Assignment*   3: The Default Notice*   4: The Termination Notice*(if applicable for loans/HP/)   5: Statement of Account*   6: [any other documents mentioned in the Particulars of Claim]* "       What should i be deleting as could number 4 be classed as a loan because its a credit card?
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    • I've just acknowledged the claim and im reading up on how to do the cca and cpr requests now.   Thanks for all your help  
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private parking invoice and I stupidly admitted being the driver - Help!


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Really hoping someone can help here!

 

I received a PCN today stating I had parked for 4 hours 20 minutes in a private carpark and the maximum time allowed was only 3 hours.

 

The company is Inner Guard Security.

 

They have pictures of me entering and leaving the carpark.

 

There are signs stating parking terms. (Of which I was not aware)

 

The fees are usually free (Up to 3 hours) with no option to pay to stay longer.

 

Over the telephone to the com[any I stupidly admitted being the driver.

 

What now? Will they pursue this to court? Should I write to their appeals dept. and claim I was not infact the driver? Should I pay or ignore this?

 

Please help me.

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Hi and welcome to CAG

 

I would work out the losses they got from a FREE car park then follow the advice above:-D

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I think its unlikey to be chased.

 

HOWEVER.

 

I feel parking signs stating prices are valid if visible to form a contract (against the driver not owner).

 

To claim nothing is due as its a free car park is accepting the contractual terms where it states its free, but ignores those suggesting the charge.

 

Now if there was land with no notices then parking could result in damages (tort/delict) that would be close to zero - but I have yet to be convinced a contract is not formed with undeniable noticable signs.

 

 

Ok - most would not proceed to court due to the owner/keeper issue - but I still feel a contract has been created?

 

If there was never a contract based on signs, then are NCP extorting moneys from drivers to lift the barrier blocking exit?

 

I would be delighted if shown I was wrong.

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I think its unlikey to be chased.

 

HOWEVER.

 

I feel parking signs stating prices are valid if visible to form a contract (against the driver not owner).

 

To claim nothing is due as its a free car park is accepting the contractual terms where it states its free, but ignores those suggesting the charge.

 

Now if there was land with no notices then parking could result in damages (tort/delict) that would be close to zero - but I have yet to be convinced a contract is not formed with undeniable noticable signs.

 

 

Ok - most would not proceed to court due to the owner/keeper issue - but I still feel a contract has been created?

 

If there was never a contract based on signs, then are NCP extorting moneys from drivers to lift the barrier blocking exit?

 

I would be delighted if shown I was wrong.

 

I'm afraid your point is not relevant on this thread as the car park was a free one.

You do have to ask yourself though that if a contract has been made, what is the cost of that contract.

Have they lost anything? I don't think so

Is it a money spinner-hell yes

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It is relevant on this thread.

 

Loss in the way you state applies to tort/delict - and the 'free carpark' is only free under some of the terms of the contract.

 

Accordingly what you claim is landowners cannot set terms or prices to park on their land.

 

As two examples - its free to park at Glasgow Airport for 10 mins - but normal style charges apply subsrquently. This is displayed on their notices. Does this mean I can park for an hour - drive out tailgating a paying car - and claim they made no loss? Its pretty much like saying carparks must have barriers.

 

Alternately if i pinched a pizza in asda and was caught - should I repay the price - or only the costs related to making it as this would prevent a loss (and ptrevent a profit).

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The terms have to be reasonable to both parties though. Depending on what they are pursuing the OP for, £75 (for example) after three hours free in a car park is clearly a punitive charge designed to deter the driver from overstaying. As such, its a penalty.

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its a penalty and comes on a speculative invoice.

 

neither are enforceable.

 

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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Even if there is a contract formed there is the issue of the charge being a penalty.

 

But the charge would not have to be a penalty if not referred to as such, and reasonable in amount.

 

A term suggesting '£20 per hour waived for the first three hours for shoppers staying under 3 hours, this concession being removed when remaining over that time' would imply a flat but high rate to all.

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But the charge would not have to be a penalty if not referred to as such, and reasonable in amount.

 

A term suggesting '£20 per hour waived for the first three hours for shoppers staying under 3 hours, this concession being removed when remaining over that time' would imply a flat but high rate to all.

We are drifting off the point here. The OP came for advice, not a debate on the whys and wherefores of contract law

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Yes - but it was to clarify what I felt were incorrect perspectives as no actual charge was specified.

 

 

Replies here constantly disregard it being a contract - and 'penalty charge' was not stated.

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OMG - I am so twitchy in whether to pay or not - going to drive over and have a look at their sign.

I have admitted being the driver but thought the contract part was negligable?

 

I really really don't want to pay this, but want, even less, to pay any more!

 

It is very annoying as I was in the carpark designated for the shopping centre whilst actually shopping the whole time - 4 days before xmas which is why I was so long!

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bang! you are not helping

 

to the OP

 

please ignore the speculative invoice

 

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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Can I ask the OP what 'charge' (as in how much) you are being asked to pay?

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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The carpark is free - the signage doesn't actually state "Free for x amount of hours" it just states "4 hours maximum stay"

I was there for 4 hours 20 minutes! Although I spent over 20 minutes actually locating and pulling into a parking space - does this count for anything?

Sign says "MAXIMUM STAY" does stay also include the time you take driving around?

 

So nowhere does it state a charge per hour, waivered for so many hours for customers.

 

The sign states a £50 charge rising to £75 if not paid within 14 days of the PCN.

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Also not sure where I got the 3 hours from as I have re checked the PCN and it doesn't state on there, anywhere, what the maximum stay time was? Maybe it was mentioned in the phone call to the company.

 

Sorry to ask for confirmation yet again, but even though I have admitted over the phone (Probably recorded call) that I was indeed the driver, I should still make no further contact (Not even to deny being the driver) or pay the charge notice?

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admittance on the phone even if recorded is not admissable

 

please forget about it

 

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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The automated response to my call said it may be recorded for training purposes (You know the usual stuff!)

 

I did not put anything inwriting yet and wondered if I might write to say I am refusing to pay and that I was not the driver - if I get challenged on the phone call I will claim I was confused and not thinking straight after receiving the letter or was being sarcastic???

 

Really unsure what to do - even more so since reading the Money Expert guide. The only mitigating circumstance I have left is the charge is exorbitant.

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Sorry, my questions were not meant to be understood as to contact them again. Just ignore it, however threatened and upset you feel, as this is their tactic. Put it to sleep. Nowt to do with mitigating circumstances as you have committed nothing!

Edited by HYMN AND MI
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its not a pcn anyway

 

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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