Does the correct address matter ?

[Benroon]

Will keep it brief for now - I received a PCN for parking in a residents bay (my bay) but the permit not on display.

 

 

However on the ticket they have got an address that doesn't exist, ie the car was parked in a road with a completely different name.

 

 

However the parking ticket company has now claimed this is not important as the address on the ticket attached to the car matches the address they have specified in their contract with the landowner !! It appears to be a generic name for the whole area as opposed to the actual road name.

 

 

They have sent me photos of the car - so would this stick in court ? Could the court argue I am being pedantic given I have been given the photos or can I state that the address has to be accurate else I cannot recall the events.

 

 

Thanks for any help

[armadillo71]

Will keep it brief for now - I received a PCN for parking in a residents bay (my bay) but the permit not on display.

 

 

However on the ticket they have got an address that doesn't exist, ie the car was parked in a road with a completely different name.

 

 

However the parking ticket company has now claimed this is not important as the address on the ticket attached to the car matches the address they have specified in their contract with the landowner !! It appears to be a generic name for the whole area as opposed to the actual road name.

 

 

They have sent me photos of the car - so would this stick in court ? Could the court argue I am being pedantic given I have been given the photos or can I state that the address has to be accurate else I cannot recall the events.

 

 

Thanks for any help

 

 

Which PPC?

 

You appealed the NTD so what was the response and how long ago are we talking ?

 

If it is your parking bay, then aren't you the landowner then?

[Benroon]

Hi,

 

 

1) Napier

 

 

2) Didn't appeal to POPLA as by the time I asked the above to clarify what they were talking about the time had gone - I went through the pointless motion of 'appealing' to NP - even told them to get the details right and it might get paid.

 

 

Over a year ago now with bi-monthly trickle of threats. Have told them six times so far not to harass me further but they haven't taken note - I have sought advice for harrassment and getting that together as we speak.

 

 

No I'm not the landowner - it is an allocated residency bay. Napier keep a record of who the permits are held by - I told them they have the ability to check but they ignored that!! (incase the landlord screwed up which he claims he didn't)

[Conniff]

So are they claiming wrongfully parked or not displaying ?

[ericsbrother]

Allocated space comes with the property? Then Napier can get lost and they know it, that is why they havent tried getting money from you via the courts-they would lose hands down.

The real problem is that they never seem to admit they are wrong and weill keep up this charade for as long as you entertain it. They have successfully been taken to court for harassment before so perhaps you could remind them of this if you get any more letters but I would say ignore them as to correspond further only encourages them to think that you actually give a stuff about them and their silly games.

If you get a correctly addressed letter before action from them (or court claim) then come back and give us the details otherwise let them just waste their money and time. Keep the letters filed for counterclaim if they do go as far as issuing a claim. Their argument about location wont impress anyone as PoFA says that it must include location so a wrong address is no address at all.

[Benroon]

So are they claiming wrongfully parked or not displaying ?

 

 

 

Not displaying

[Benroon]

ericsbrother (sorry I couldn't quote your reply for some reason)

 

 

Yes allocated space comes with the tenancy. The landlord 'thinks' he swapped it to my name in time but wasn't sure, however within days it definitely was in my name if not before. Without admitting liability he even offered to pay the ticket to make it go away if NP gave the correct details (why would he pay it if specified somewhere else) but they refused !! I'm thinking the courts would take a dim view of NP actually getting an offer of payment if they corrected THEIR mistake ?

 

 

However the point NP is trying to stick to is they call the area the car was parked in as a different name in their contract - now that may have been specified by the landowner who knows but its absolutely no connection name wise (slip rule?) to the road the car was in! They've also said the photographs make this issue redundant.

 

Thanks for the encouragement - I'm not losing sleep over it, its more tedious than worrying, but would like to a) get it out of the way and then b) provide a route for others to go after them for harassment - a kind of template thing I guess if I can be of help to others.

 

 

Thanks

Edited January 2, 2015 by Benroon

[ericsbrother]

It doesnt matter whose name it is in , it comes with the property so you have supremacy of contract. It is YOUR space and they arent allowed to interfere with your use of it and to do so is harassment. This is how they got hammered before in almost identical circumstances. The problem NP will have is that they have to serve any legal papers on an address and they cant just send it out to say, Fred Smith, Manchester and then claim it is correctly served. They know it and hope that you are bamboozled by this deceit and yield to them.

To be honest, as you havent lost sleep over this then I would ignore them altogether. If they start bing mor persistent or issue mre demands for different events then go down the harassment route.

[Benroon]

Cheers EB - only fly in the ointment I can see with that is, according to other stuff I've read, is they only need to serve papers on the last known address and when they don't get a reply they go ahead with court and get their judgement, it appears its a conscious tactic of the PPC's.

 

This is just another abuse of the process between the PPC's and the DVLA - the agreement says that the PPC's should use the DVLA as a trace service to ensure the papers get to the right person, however the PPC's are completely abusing this by driving through (an undefended) CCJ, (because the defendant has now moved and doesn't know anything about it) and THEN using the trace service to get their money. I have already written to my MP about this abuse and am trying to get some figures together as to how widespread this abuse of the process is.

 

 

So I am still concerned about this as I no longer live at the address and I can't have postal re-direction on for ever at about £80 a year (remember the PPC's have SIX years to chase you) - another issue I have pointed out to my MP. I could of course give them my current address but haven't decided on that yet. Pros/cons ?

 

 

So unless you know for sure I am talking nonsense (and I would love for you to be able to confirm that) - its still an issue.

 

 

When you say they got hammered before for a similar thing, I don't suppose you have details do you ? My MP has asked for similar details if I can find them - it appears I've got him onside so want to keep the momentum going with him if I can. From his initial reply I get the impression he's as sick of these companies and their tactics as we are.

 

 

Thanks for the help to date mate

Edited January 4, 2015 by Benroon

[renegadeimp]

You will never get a CCJ for this, or any other PPC action if its properly defended. Only an incompetent judge would find in favour of a CCJ if the defence was correct.

[ericsbrother]

They are not going to wait 6 years, some might try it on after 2 but there are precedents that will usually see that off anyway. If you have had the letters sent to the wrong address I would be baiting them to try their luck by giving them your current address.That will kill any chance of slipping one in under the radar. I agress about the abuse of process but it is easy (but an damned nuisance) to get any CCJ obtained in that manner overturned.

As for prior form, look back on this forum, a chap who owned his own space on a development did them for harassment and not only got money but they also got an injunction on them to desist their activities. You will have to look back about 9 months.

It is another reason not to ignore them but make sure that they know you will fight them. 75% of their money comes from inertia, they lose just about every contested claim at all levels

[Benroon]

You will never get a CCJ for this, or any other PPC action if its properly defended. Only an incompetent judge would find in favour of a CCJ if the defence was correct.

 

But thats the point mate - you wouldn't know a CCJ was going through as you have moved. Therefore properly defending it wouldn't arise as it would all be carried out in your absence completely oblivious to you unless I've misunderstood what youv'e said. It has happened according to some articles I've read. I know a CCJ wouldn't happen if I was aware of it as if I lost in court I would just cough up - but if I don't know about it ...... Just part and parcel of the slimeballs that work for these companies. I think the way to handle this is as EB says - give them my current address though TBH I just didn't want to contact them again. (they do have my email address which is fine) One part of me is enjoying watching them run around, with their DRP chums, backed up by so many helpful people on forums such as these - (the internet must have been a disaster for these outfits) ! but then after a bad day at work my attitude changes to something more militant and the mrs has to hide the petrol can !! When you say 'properly defended' is there a sort of standard defence or are you talking lawyers ? - just planning ahead

[Benroon]

EB have tried to PM you but apparently I'm too new !!

[ericsbrother]

My advice is to keep your official paperwork up to date, make sure the DVLA know your address etc so you dont fall foul of this. If you then get an unknown CCJ you can have it set aside and show that the company failed to serve the papers properly. They are expected to use due diligence but they dont because it will cost them.

[ericsbrother]

Properly defended means using the correct research and arguments to prove that no contract was formed, breached or losses caused. I have seen cases where a defence has been lodged by some poor motorist who has received a summons where they offer mitigation- ie they were in the hosptal that issued the claim against them for an emergency op but that doesnt matter as far as contract law goes so the judge expresses his sympathy and finds for the parking co as he has no choice or discretion.

[ploddertom]

EB have tried to PM you but apparently I'm too new !!

 

You are better off keeping this on thread so we can all see what happens.

[Benroon]

Yep would love to and understand why you would say that, unfortunately the [problematic] read these boards too

[ericsbrother]

It is with great relish that we know the parking companies read these boards as they then get to know that people arent falling for their lies and tricks. In the past a couple of them quoted the words of certain board members as being that of the defendant in one of their claims. This tactic died a very sudden death when they lost on grounds that had nothing to do with the driver's contract and since they were risking a big lawsiut for libel every time they did this they gave up as it didnt intimidate, as I'm sure that was what the desire was all along.

You seen to be particularly concerned about something that cannot possibly happen in the next 3 years as the law that allows them to misbehave will take that long to get round to the 6 year limit anyway so tell us more about whay you worry. There is case law that means that an undefended late claim can be overturned quite easily and nevr get a chance for resurrection. These people must attempt to enforce any debt before they do court so they will need to show that they have tried repeatedly over the previous 6 years to either get the money or find you. Just slapping a claim in at an known wrong address doesnt cut the mustard.