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    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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Hi there, friend of mine is also enduring several threatening letters from RLP.

Incident arose at TK Max which police attended but took no further.

At that point, it was mentioned that some civil recovery would happen.

Total value being chased is £50 - value of items in question on the day - less than £10

Two letters sent in reply asking for evidence on which RLP will rely and denying any contract with RLP and liability.

Latest reply, RLP have provided a description of their understanding of events at TK Max and carefully word the involvement of the police that they took the civil claim into consideration.

RLP are referring to an admission of guilt at the time and justifying the civil claim. In the latest letter they say their client will be entitled to issue a claim in the county court and the £50 currently claimed will jump due to fees.

Read plenty on this site - how likely is it that this will go to court and what sums / fees are possible worse case.

If my friend signed something - I dont know this - at the time, would this be used in a civil case at court?

Also the letters seen are unpleasant, latest letter mentions tortious actions.

Any advice would be appreciated.

Not sure whether to advise my friend just to pay the £50 or keep going with not paying.

Thanks

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Hi telford

 

Welcome to CAG

 

What RLP have sent your friend is a speculative invoice, it's not a 'fine'. It has no breakdown, even if it did have a breakdown, TK Maxx haven't got any losses to claim as costs are built into their operating costs. Only the retailer can take your friend to court. RLP have been to court and were embarrassed. All they can do is send ever embarrassing letters demanding monies. When you receive a letter just summarize it on this thread.

Try not to worry.

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Hi thanks for this.

This is the line I have advised up until now.

It was just the last letter I have seen which describes in detail what they understand happened on the day- in significant detail.

The concern is that if it went to court for a civil claim of losses, could any of their so called evidence be used to justify a £50 loss and of course the court fees topped up on top.

Cheers

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Hi telfordswan

 

They would have to provide a breakdown of their losses, which is difficult as the goods were returned and everything else is factored into their operating costs. It's best to pay for goods or just do without.

 

Hi thanks for this.

This is the line I have advised up until now.

It was just the last letter I have seen which describes in detail what they understand happened on the day- in significant detail.

The concern is that if it went to court for a civil claim of losses, could any of their so called evidence be used to justify a £50 loss and of course the court fees topped up on top.

Cheers

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Agree with all the above. jackie LOVES to go on and on and on and try in vain to convince you that she has some sense of authority, when in reality she has absolutely NONE.

 

As advised, send the one line letter, sit back, wait for the multiple laughable letters she will send, bin them and move on with your life.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Appreciate all the replies but I am still concerned at giving wrong advice if RLP actually pass this on to a recovery agent who then takes my friend to court.

Do we know how often/successful they are when going to court and do they use any so called evidence from the day?

Cheers

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Hi and welcome to CAG

 

RLP may pass this on to a pet DCA BUT, they will be acting on behalf of RLP so cannot take court action in their own right. Only if they bought this amount (Can't call it a debt cos it ain't one) and they know that as it is an unenforceable claim, they wouldn't bother.

 

RLP cannot do court!

 

TKMAXX do not do court!

 

Jackie likes to bamboozle people with legalese but in reality, she has as much power as I have. None!

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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NOTHING will happen. Read these forums. She can't do ANYTHING without the say so of the retailer and they wont allow her to go to court after what happened in 2012.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi telfordswan

 

Don't laugh, but in the past RLP's letters have mentioned the Magna Carta signed in the year 1215, they even got facts wrong, that should tell you everything you need to know. We don't condone theft, but we also believe companies should act within a legal framework.

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  • 1 month later...

An Update - latest is that a letter arrived from a company called Scotcall chasing what they refer to as an outstanding payment of £50. My friend did write a letter back saying that nothing is owing as no contract exists with them or RLP and that all liability is denied and the sequence of events RLP refer to is also not accepted. Scotcall replied saying RLP will reply - which they have done. Once again they go through what they believe to have happened on the day, they say the evidence they will rely on is a witness on the day and that this is a civil case and the matter will be put through the courts i.e their client will not drop it. Advice anyone? Thanks in advance. Have they taken people to small claims or civil courts?

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If scotcall are involved then thats it. They are the lowest of the low and only chase lemon debts or debts that dont exist.

 

Keep ignoring them and stop responding to them. Every time you respond to them they mark you as gullible.

 

How many times do we need to say the same thing? The only reason they are still chasing you is because you continually respond to them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks for the response, much appreciated. Do we know if they do take civil action, I said before, I don't want to be responsible for my friend being taken to court, on my advice to leave it. Cheers

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Read post #8

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Snotcall will write a limited number of letters. RLP will then write another which says that they will recommend to their client that they issue proceedings. You will hear nothing after that. This is the end of the paper trail and TK Maxx will do nothing more as it would cost them a huge amount more than they could hope to recover IF they were to win, and that in itself would be nigh on impossible.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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If RLP seriously think an alleged "admission of guilt" is grounds for issuing a civil claim, they really have lost the plot. The police took no action and this indicates to me there was no evidence to substantiate allegations being made by TK Maxx retail security. Also, you cannot make a claim against another for losses arising out of the ineptitude and/or incompetence and/or misconduct of yourself, your employees, servants or agents.

 

What needs to happen is for someone to serve a Part 8 injunction on RLP/Cireco, their retailer clients and pet DCA. From conversations I have had with legal professionals who have obtained such injunctions, DCAs, often, cannot settle fast enough once the injunction is served on them. Not surprising as if the regulator gets wind of it, the DCA's licence is at risk.

 

Telfordswan's friend would be best approaching the police solicitor's department and asking for details of the incident and the officer's reasons for taking no action.

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