ticket issued in BP garage

[C&D]

Hi Rob S

 

Thanks for coming back to me, I am going to just ignore them. Like you say they have to prove that and, tell a judge why they ignored my questions..

 

C

[seadart]

Gatwick has become a nightmare for anyone waiting to pick up passengers at both the BP services and the Mc Donalds. Or even just to have a break. If your waiting to pick up the better idea is to drive 7 miles down the M23 southbound to the services at Pease Pottage where you get 2 hours free parking. The foods better too

[StudentInDebt]

Nick Ferrari is doing a bit about this today on LBC - LBC Radio

[seadart]

The BP by the North terminal allows you 40 mins with no return for 2 hours, but during the day the limited parking is usually full.

That 40 mins is from the time you enter the garage so if you put fuel in your being timed. They have changed the signs to make them bigger.

Next time I go up I'll check the Mc D's at the South Terminal.

[C&D]

Hello

 

We have received a letter today from newlyn (a debt collector) saying that they have been 'instructd by Civil Enforcement to recover the penalty charge notice which remains outstanding' it says 'do not ignore this etter: Further action may be taken at considerable cost to you if the debt is not cleared'. It says I need to call them as a matter of urgency to clear this debt!

 

What should I do now? Do I write and say that I wasnt happy with the response i received from Civil enforcement and that I am prepared for them to take me to court as I havent done anything wrong or get a solicitor???

 

Any advice appreciated.. I dont want to have to pay them as I dont believe it is even legal what they are doing!

 

C

[Rob S]

Simple. Write to them and state that you are disputing the matter on the basis that you as the registered keeper have never had a contract with them. Point out that any alleged contract that Civil Enforcement may have had would be with the driver of the vehicle. Advise them that as the registered keeper you are not liable for any alleged contract that the driver entered into, nor are you under any legal obligation to provide them with details of the driver. Also point out to them that no company can legally issue a penalty charge notice in respect of parking on private premises. The only bodies who can issue PCN's are local authorities who enforce decriminalised parking under the 1991 Road Traffic Act on the public highway. This legislation does not apply to parking on private premises.

 

PS The point the DCA make about taking further action at considerable cost is a scare tactic. The worst they could do is issue proceedings in the small claims court, and then they would be forced to prove they had a contract with a driver which the driver had agreed to.

[ladysafe]

Hello Everyone

 

This is my first post here although I have made several on the previous site mentioned.

 

We had three pcn's for different cars and have now had our three letters from Newlyn. Again we appealed on the grounds that we did not see the signs and the fact BP's facilities were being used. No one was really interested least of all the BP 'dont careline'.

 

I did telephone Newlyn but all they said was that if you dont pay we will get a warrant of execution and come and take your car. He also said that I wouldn't get the chance to put my case in court.

 

Is this correct?

 

I now have a whole list of people who have been let off. some who stayed for longer that my drivers did. How can that be justice?

 

Any advice greatfully received.

[Rob S]

Hi Ladysafe,

 

I've seen your posts over on pepipoo in relation to the BP garage saga. The comment made by Newlyn about getting a warrant of execution is nothing more than scare tactics. They would have to issue a claim against you in the county court and then win the case before they could start issuing warrants against you. To say you won't have a chance to contest the mater in court is simply outrageous!

 

I would write to them and state you are disputing the debt on the basis that you had no contract with them, so therefore you are under no obligation to pay CEL anything. If they take you to county court it will be up to them to prove that a contract existed between the driver of the vehicle, not the registered keeper.

[ladysafe]

Hi Rob S

 

thanks for that, I will get the letter off tomorrow.

 

The guy at Newlyn also said that I was given the wrong information - by a policeman - that it is the responsibilty of the driver and not the registered keeper.

 

He obviously doesn't know what he is talking about.

[Rob S]

No, they seem to think bluff,bluster and intimidation will overcome a lack of knowledge of the law. The only time a registered keeper will be liable for a penalty charge notice is when it has been issued by a local authority under the Road Traffic Act 1991 for a contravention on the public highway, not on private premises.

[control_67]

All this from a garage that advertises itself as somewhere to go and sit down, have a coffee, a sandwich and read the paper.

[jadsia]

i have got a ticket from "civil enforcement ltd" now although it wasnt the bp garage it was somewhere else

 

the comapny faxe dthem to cancel it and gave me their details as

 

creative car park management ltd

33/35 daws lane

london nw7 4sd

 

te: 0870 2098000

fax: 0870 209 9000

 

email [email protected]

web: <title></title>

 

is this the same company

 

even though the company who uses civil enforcement sent them a fax cancelling hteticket civil are still persuing it and threatening court

 

i have gone down to the company concerned and the guy who sent the fax said he will be a witness in court for me

 

any help greatly appreciated

[Rob S]

Nice and simple. Write to them and state that as the registered keeper you are not liable for any contract which they may have formed with the driver of the car.If they want to pursue this matter, advise them to contact the driver of the car, and also advise them that you are under no legal obligation to supply them with the driver details. You are also under no obligation to admit to them that you are the driver (if that is the case), but if you are the driver don't lie and deny it, because in the event they do have evidence that you are the driver that could put you into a tricky position.

 

If they do take action in the county court it is up to them to prove to the court 1) who the driver was and 2) whether or not they had a valid contract.

 

I also suggest you read through the following very informative thread:-

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/65341-private-parking-companies-charges.html

[C&D]

Simple. Write to them and state that you are disputing the matter on the basis that you as the registered keeper have never had a contract with them. Point out that any alleged contract that Civil Enforcement may have had would be with the driver of the vehicle. Advise them that as the registered keeper you are not liable for any alleged contract that the driver entered into, nor are you under any legal obligation to provide them with details of the driver. Also point out to them that no company can legally issue a penalty charge notice in respect of parking on private premises. The only bodies who can issue PCN's are local authorities who enforce decriminalised parking under the 1991 Road Traffic Act on the public highway. This legislation does not apply to parking on private premises.

 

PS The point the DCA make about taking further action at considerable cost is a scare tactic. The worst they could do is issue proceedings in the small claims court, and then they would be forced to prove they had a contract with a driver which the driver had agreed to.

 

Hi Rob

 

Do you think it will matter that I have previously told Civil Enforcement that it was my boyfriend driving the car?

 

Thanks. C

[jadsia]

i8 have got both parking tickets cancelled

 

the one from civil enforcement nad the council one that i posted on another thread about

 

thanks for all the info from this site

[C&D]

Congratulations Jadsia...

[Rob S]

Hi Rob

 

Do you think it will matter that I have previously told Civil Enforcement that it was my boyfriend driving the car?

 

Thanks. C

 

It may matter if they decide to pursue the matter in court against him, but even then, they have to satisfy the court that there was a contract formed between them and him, and even if they can prove that, they can only go after any actual damages they have lost as a result of the alleged overstay.

 

However, if they insist on writing to you as the registered keeper and demanding payment from you then they are on to a loser:D

[ladysafe]

Thanks for all your help folks, all 3 pcn's now cancelled

[Rob S]

Nice result Ladysafe:D They sure made you work for it though!

[ladysafe]

Nice result Ladysafe:D They sure made you work for it though!

 

Only with the help of people like you have I managed to achieve this.

 

Hopefully I will now be able to help other people - if they find us.

 

Sadly lots of people are paying up without realising.

[C&D]

Hello. I have sent both Civil Enforcement and Newlyn (debt collectors) letters last week refusing to pay. I was very lucky in that the solicitor guy from on here wrote them for me! I am hoping that they wont contact me again but we will see.. If anyone wants copies of the letters, I am happy to email across.

 

C

[C&D]

An update.. We received a letter in the week from Newlyn to advise that they were no longer dealing with the account and that I should deal with Civil Enforcement if I have any queries... RESULT! I am now hoping that either:

 

I never hear from Civil Enforcement again or..

 

They say the ticket is cancelled

 

I hope they dont use another debt collector or they will get the same letter Newlyn did!!

 

C

[NeilLynne]

10th Feb 2007, I filled up at the BP garage Gatwick. Whilst filling up I noticed that my driver side front tyre was flat. I tried to use the stations air pump but it was broken. I next tried to change the wheel, but struggled to get the wheel off, so called for road side assistance. After a short while an AA man, who was in the garage happened to notice my predicament and helped me to change the wheel. I have since received a £100 fine from Civil Enforcement Ltd. I have written back to dispute the fine, but they have insisted that I have to pay up. I have written four letters asking them to explain their relationship with BP and to explain why they consider it an offense to be broken down at a Garage. Every letter received back ignores these and other questions and instead just presses on with the threat of court action and damaging my credit rating. I have now received a 'Final Reminder before Legal action', which I have just sent back to them saying it has been incorrectly sent and asked them to refer back to my previous correspondence. I will not pay even if I have to go to court. I will let you know how I get on.

[Chizzy]

Their correspondence is entitled 'PCN' to make you think it is a Penalty Charge Notice. It is of course no such thing. It is a Parking Charge Notice which has no legal susbstance.

 

I wrote to BP Customer Care - find their email address on the BP web site. I told them that I would not be paying the bill and to get the person in charge of employing CEL to contact me.

 

He did. His name is Peter Edwards and he is based at BP's offices in Milton Keynes.

 

I told him in no uncertain terms that he should be ashamed of treating genuine customers in this way (as MD of my own business I was in a position to compare the way we deal with customers and how BP do). Fortunately for me I could immediately tell him:

 

1. that he could check my Nectar Card to see just how regular a customer I was

2. As a vehicle leasing Company I would immediately stop issuing BP Cards to my customers

3. I would never visit another BP site - and I do not now

4. That BP (he denied this but I know it to be different) get a rake from this - either in charges to CEL in awarding the Contract or from the tickets issued. He hedged around this the more I pushed him.

5. I told him that I would be seeing both CEL and himself in Court for Harrassment in trying to enforce a Contract to which I had not agreed to, and that I would NOT be paying this Invoice (because that is all it is)

 

He claimed there was nothing he could do about it. However I wrote to CEL (copying in BP) telling them in no uncertain terms they were trying to enforce an un-enforceable contract, and that I was fully prepared to see them in court. I gave them 12 days to respond. They haven't done so even though I sent this by Recorded Delivery. That was in mid-February.

 

As far as I am concerned the matter is now closed.

 

Let me know if anyone needs a copy of the letter.

[demon_x_slash]

Kudos to you, my friend