Parking without permit....7 months on!

[evp200]

That's great! Thanks for all of your help. I'm going to ignore them and hopefully they'll get bored and go away.

 

Hi, got similar unpaid enforcement thing from TNC parking, for their client P4 parking. They asked 140 otherwise will/may (cannot remember) take legal action. May I ask is there any updates from you? Many thanks.

[ericsbrother]

They are paid to send out letters and nothing more. You can ignore them as they have no powers or authority at all.

[some advice please!]

I've had 4 letters up to now, all in August. I noticed that in the last couple they added their phone number, probably so that they could harass me if I was stupid enough to call them. I've so far had nothing else and that's been a few weeks now. I've taken the advice from everyone here and hopefully that's the last I hear from them.

[evp200]

I've had 4 letters up to now, all in August. I noticed that in the last couple they added their phone number, probably so that they could harass me if I was stupid enough to call them. I've so far had nothing else and that's been a few weeks now. I've taken the advice from everyone here and hopefully that's the last I hear from them.

 

Hi, thanks for the reply, I've got 3 letters, one is the letter asking for 100, then a letter with all red writings marked URGENT ACTION REQUIRED asking 140, now the 3rd letter is in blue writings still ask for 140 TODAY or pass the case to the litigation department (noticed phone number on this one) , may I ask what is the next? Many thanks.

 

BTW: I'm going to ignore all of their things as suggested by people here. Thanks.

[ericsbrother]

litigation dept? the next desk at best. If you look up these companies they offer a scary letter service and little else. they get pais a small amount by the person wanting their services and rely on you sending them lots of money to make up the shortfall. If you play letter tennis with them it costs them money and they get nothing more for their trouble but they suspect that their lightning wit will make you crumble and pay up.

[havinastella]

I refer to your invoice dated the xxxxxx

 

In response, I would ask you to note the following.

The registered keeper/owner of a vehicle is under no obligation whatsoever to provide details of the driver or any other information to a commercial company of no legal status of any description. (Scottish Jurisdiction).

 

In addition, liability for payment could only be determined by a Sherriff under Scottish Civil Law and such demands should not be confused in any way with Penalty Charge Notices issued under the terms of a Road Traffic Order.

 

Furthermore,, where a ticket has been issued under the law of contract to a vehicle which although allowed to park on the land, is in breach of the conditions relating to parking, the driver could argue that the charge being demanded is so high that it amounts to a penalty and is therefore unlawful under the Unfair Terms in Consumer Contract Regulations 1999.

 

What the regulations state

 

A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer.

 

A term shall always be regarded as not having been individually negotiated when it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

The previous paragraphs are also supported by the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract

 

Transferral to a debt collection agency and the threat of additional charges is also in my opinion questionable for the following reasons taken from the Office of Fair Trading Debt Collection Guidance.

 

 

2.6 Paragraph H.

Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for money.

 

2.8 Paragraph A

Sending demands for payment to an individual when it is uncertain that they are the debtor in question.

 

2.8 Paragraph J

Requiring an individual to supply information to prove they are not the debtor in question.

 

2.10 Paragraph B

Misleading debtors into believing that they are legally liable to pay collection charges when this is not the case, for example, when there is no contractual provision. .

 

I am also aware that I am under no obligation to engage in any way with debt collection agents.

 

In Conclusion, the contents of this correspondence should not be considered as a letter of appeal, but as total denial of liability..

 

I hope this clearly outlines my position.

 

Yours faithfully

[some advice please!]

After the letter about the litigation department I received a letter saying final demand for payment! I also received one with pictures of my car as I had requested them. I've not had anything else since the 16th of August.