Receiving threatening letters about rail car park

[dawsonc]

Similar story from me I think:

 

I parked my car in a railway car park (the only reason I was using the car park was that the train from my home was cancelled and I needed to get to work so I drove to a station 15 miles away) I used the pay by mobile phone service to pay the charge, but was charged the wrong amount as I was unable to do it until about 4 hours after I left the car.

 

Realising that I had paid the wrong amount, I phoned the premium rate 'helpline' to get that modified, but was told that there was nothing I could do to amend the amount. Of course when I got back to my car, there was a penalty charge notice on my car.

 

My argument was that there was nothing on the sign providing me with a convenient way of paying, to say within what time I had to make payment - Offered to send them a photo of the sign which does say nothing. 2. the only reason I was using the car park is because they cancelled my train after I have paid over £3000 a year to use the service.

 

I was nauturally in a rush as I was unprepared, and therefore didn't have the change for the machine, and didn't have access to a phone until 4 hours later. 3. I am a regular payer at that car park, as they regularly cancel my train: something they could verify by checking my number plate.

 

I've had the letters demanding payment, and rejecting my claim, but not actually commenting on the points raised. They have threatened County Court and Debt Collectors etc. but so far I have stood my ground. Their latest letter says they will not respond to any further letters that they receive from me, so I am naturally preparing a further letter.

 

How good is my position here, and should I continue to resist

 

Thanks very much to you all for your help.

Edited April 6, 2012 by honeybee13
Editing in some paragraphs to make it easier to read.

[honeybee13]

Hello and welcome to CAG.

 

I've started a new thread for you and put some spaces in your post to help the guys trying to help you.

 

It's likely that ignore will be the advice, but perhaps you would confirm who the ticket and letters are from please? You posted on an NCP thread.

 

My best, HB

[Bazooka Boo]

Yes who is demanding money from you? What is the name of the parking company please?

[dawsonc]

National Car Parks Limited are demanding payments. Thank you to you both

[dx100uk]

ignore!!!

 

 

dx

[Bazooka Boo]

Ha, good ole NCP.. never learn do they.

As DX says, ignore them.

[dawsonc]

So they have no rights whatsover ?

[havinastella]

so they have no rights whatsover ?

 

 

nope!

[Bazooka Boo]

God NO, have a look at this....http://www.youtube.com/watch?v=XAIcdi9niHA

[dawsonc]

Right well I feel much better about doing nothing now. Thank you to you all, and I will let you know if I hear anything else. Thank you again.

[honeybee13]

You're welcome.

 

You may wish to come back here for a pep talk as the letters get scarier and the red ink appears. We'll be here.

 

HB

[dawsonc]

Its an outrage! How many old ladies are scared into paying the totally unjustified charge. I guess I should continue to use this thread ?

 

Chris

[Bazooka Boo]

http://www.violetmount.com/ncp the link won't work because it has a banned name in it, but if you copy that link and then add 5cam.jpg on the end it will take you to the page showing you the cycle of letters you will receive.

 

Change the 5 to an s...

[honeybee13]

Its an outrage! How many old ladies are scared into paying the totally unjustified charge. I guess I should continue to use this thread ?

 

Chris

 

Yes please, keep to this thread. HB

[Tony P]

I will let you know if I hear anything else. QUOTE]

You will!

You should receive some more letters, each getting more agressive (= desparate) with their threats of what they would like to do with you but cannot - the stocks ceased in 1872 and hanging in 1969.

 

In reality they cannot do anything except try to frighten you with big print and red ink and lots of legal mumbo-jumbo terms - all irrelevant and meaningless.

[dawsonc]

OK, as predicted by you guys on here. Have just received the "final reminder" warning me of additional court fees, court ruling and the effect on my public credit record, and the court ruling remaining unpaid, then sending baylifs. Am ignoring, as recommended on here.

[Bazooka Boo]

Little children.

Copy it, and send that copy to the OFT/TS and your local MP.

 

They have admitted 'in writing' that they act outside of any law and all regulations, there is no court, so there will be NO court ruling, therefore they cannot affect anyone's credit record (a serious untruth) and the fact that they will NEVER be able to send bailiffs, purely because these eejits are not educated enough to understand what COURT means!

 

Your very very safe, just copy and forward on these letters of attempted extortion to the OFT and your MP.

[firstclassx]

Although it is likely nothing will happen if you ignore, there is the added complication of a Railway Byelaw criminal prosecution being instigated. (Byelaw 14).

 

Although my TOC employer manages the car parks themselves and then successfully prosecutes for violations, under 14(1) such as overnight parking etc, I can't be sure that whichever TOC manages the car park in question shares the same enforcement values.

[Bazooka Boo]

Nothing will happen, byleaws are NOT laws at all, there is NO law relating to parking issues, it's all a con, forget about any notion of TOC taking anyone to court, the only complication here is jumping in and giving wrong advise, as well intentioned as it may be.

[dawsonc]

I have now copied the letter, and sent it to my MP, and the OFT. Lets see what either of them say

[Bazooka Boo]

Good for you, don't expect any robust sort of reply from either, OFT certainly won't entertain individual complaints, BUT, in the grand scheme of things each and every complaint made DOES help in the long run.

[dawsonc]

Got a letter from my MP who is prepared to write to the Railway operator, although quite how that will help at all, is not really clear.

[Bazooka Boo]

Well, you never know?

[dawsonc]

Reply received from my MP who is "prepared to write NCP a letter" not sure what purpose that will serve, given that it seems to be a [problem] anyway

[Bazooka Boo]

It all helps in the end, these lot know they are on a sticky wicket and can't enforce anything through the courts. You pay for your MP, so have them do some work for a change..