Premier Parking ANPR PCN - New Fish Quay Brixham Devon - ZZPS letter now

[Dencade]

What with advice changing from that given a year or so ago,

I thought I would just ask a couple of questions regarding a recent private parking charge.

 

a charge was sent to the registered keeper of a car parked on council owned land that had a private parking firm (Premier Park Ltd) enforcing access to a site by way of APNR system.

 

The driver has to access said site to gain entry to the work place, and had been using the site for several months whilst the ANPR was active, without any charges at all.

 

Driver was led to believe the car was registered on the system by his employer, but in fact wasn't.

Although when employer was approached, the car was immediately registered.

 

This was too late obviously to avoid the one off PCN, even though the car was parked prior to and after the PCN issued.

 

Employer insisted to ignore all letters from the parking firm, and consequently the registered keeper (who wasn't the driver) is a few months down the chain with increasing charges applied against them.

 

No appeal at all has been made (taking the employers advice quite literally)

 

Advice also from other drivers on same site that have also received PCN's from the same private firm, have said they totally ignored all letters, and after several months, the letters stopped coming.

 

In this case, the keeper has had a couple of debt collector letters demanding payment, and also suggesting if payment is not received or failure to acknowledge the letters, it will result in a solicitor stepping in and court action following.

 

So the question are:...

 

Can you ignore a letter implying court action is imminent ? ,

and what would be the consequences of ignoring this?

 

Is court the only way to settle this now?

 

Would the keeper (who wasn't the driver) have to go to court, or can the driver go instead?

 

Is it now too late to appeal anyway?

(The appeal I guess would go to the Parking firm, not the debt collector)

 

Others have suggested a letter accompanied with a cheque to cover the original charge could be sent, explaining the extra charges added to the original fine are excessive, and the enclosed cheque is sent with the understanding that the charge is now dropped, and no further letters are to be sent..... etc etc

 

But does that actually work?

 

Also, cheques and letters in the post all take time, so could overlap yet another demand with yet higher costs en-route to the keeper. Which would take priority so to speak?

 

Any advice is greatly appreciated....

 

Thanks

[dx100uk]

Firstly it is not a FINE

 

2nd a dca cant take people to court

Neither can their fake /tame solicitor

They are not bailiffs

only the owner of the land can do court

or if the PPC has a signed contract with the owner

 

Ideally you should never ignore

 

However

When was the charge issued

[Dencade]

Firstly it is not a FINE

 

2nd a dca cant take people to court

Neither can their fake /tame solicitor

They are not bailiffs

only the owner of the land can do court

or if the PPC has a signed contract with the owner

 

Ideally you should never ignore

 

However

When was the charge issued

 

Thanks for the reply.

It was issued back in November.

 

I'm not sure if the parking company has a signed contract with the owner.

 

So if they do issue a court summons , then presumably they must have a contract with the owner?

If they don't , is it right to think they wouldn't issue a summons anyway, or they are likely to bluff their way forward?

 

The temptation is to ignore still, but not sure of the consequences.

If a letter and cheque for partial payment to PP was sent, is this realistically likely to be successful ?

 

The other people that received the PCN's from PPark, swear blind they heard no more after several months of ignoring, so not quite sure here.

[dx100uk]

when yo get 2 mins fill this out please.

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

 

no its no guarantee they have a contract even if they issue a claim

if you read a few threads in this forum

you'll see they hope to spoof people into thinking they do have a legit claim when they don't

and anyway

your employment waiver will over ride those rights.

 

 

I take it you've had a letter from gladdy's

 

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=Premier+Parking+ANPR+PCN&sa=Search+CAG#gsc.tab=0&gsc.q=Premier%20Parking%20claim%20form

[ericsbrother]

If he was parking at his place of work then the chances are that the land is covered by a different agreement or the ANPR just grabs the reg of cars passing through the council land even though he was parked on other land so no breach can ever occur but PP havent considered this inconvenient fact.

 

The latest letter is just another threatogram

but if it is from the parking co rather than a random dca a reply saying that

 

 

" the vehicle was never parked on land that you have an agreement to manage but merely passed though your ANPR system and my data was erroneously recorded and unlawfully processed by you.

 

 

I will accept a sum of £250 for this breach of the DPA as per VCS v Philip and VCS v Mr M (C9CP2D6C).

 

 

If you continue to make false demands then I will be taking civil action to recover the said sum."

 

They wont pay up but They would then be very stupid to continue to demand monies as well.

Edited February 20, 2017 by honeybee13
Paras.

[Dencade]

Approaching the land owner has had no effect\sympathy , s

o having not sent an appeal in the first place (as advised by the employer),

it leaves little option but to continue to ignore, pay up,

or as mentioned send a letter on behalf of the owner expressing disagreement with the charge,

given the circumstances of the driver's requirement to access the site for work purposes as with an agreement between the land owner and employer.

 

Although, this is subject to a formality of the vehicle's registration being allowed on the ANPR system, which on this occasion wasn't, (miscommunication between the employer and driver) but the ANPR still allowed the same vehicle to enter on a random basis some 2 months prior to the charge date, and a week after leading up to the PCN without further penalties.

 

The problem is ,

the PCN was sent to the driver's partner as the registered owner and is she is consequently receiving all the letters, which in turn is stressing her out big time. (3 months down the line)

 

in view of the none appeal, and the point where we are at now, with the initial fee rising from £60 to currently £172 with threats of more charges on top,

 

 

I am inclined to think the fairest way to her would be to settle the claim , as it would appear that she will end up in court which we certainly don't want.

 

There are no guarantees that a court appearance will be required it seems,

but at the same time there are no guarantees it won't.

 

 

This just makes matters worse with the uncertainty. Fear of the unknown I guess.

 

The employer has now agreed to pay half the costs, which will numb the sting a little bit.

[dx100uk]

wrong move IMHO.

[ericsbrother]

ask yourself why the bill is now £172?

 

 

When you know the answer come back here and tell us as we fight all of these claims on the basis of contract law.

 

 

What contract did you sign with a dca that entitles them to demand more than the contractual sum?

If you can find any contract that allows this that doesnt have a commercail penalty clause in it I will be amazed as even after Beavis, the law doesnt allow it.

 

The truth is they dotn want to end up in court facing you.

They think that you will bottle out and that is why they have upped the amount,

you would fight anything over £200 but dont question the legality of what they demand at all.

 

At the end of the day it is up to you,

but consider this,

 

 

if you pay a dca the debt isnt actually paid because they arent registered with the FCA as licensed deopsit takers.

That means you havent paid the debt if they dont pass the money on.

 

 

So look up the dca who is demanding the extra money for nothing with the FCA register.

When you find they are not there then you have a choice,

pay double the amount twice or stick with the advice given and ultimately pay nothing

becasue they have no real claim on anything.

 

 

Yes, you will get more scary letters,

you may even get a claim from a dodgy solicitor

but you have right on your side

and a damn good case for suing them.

 

 

they dont like it.

[Dencade]

Thanks guys for the advice.

 

I really do understand the cause here,

and am really torn with just sticking this out

or taking the pressure off my wife for the grief it's giving her.

 

So it all boils down to a court appearance (again for my wife) to settle this claim in the "certainty" that it will be in our favour?

 

Yes the charge could be paid right now, and that would be the end of it,

 

 

but I also see the argument about how these companies apparently flout the law and use scare tactics to get their money.

So I do see both sides.

 

In your opinion, what are the consequences of continuing to ignore all future letters, including a court appearance?

I'm guessing there is a law against that.

 

As said, others I have spoken to have not even bothered to open the envelopes, and they are still "debt free" after a couple of years later.

 

I'm not on here to rile people, it's just not knowing the legalities of the situation to make a challenge and to know what to expect next.

So again, I do appreciate the opinions coming in, which is why I'm here in the first place.

 

I thought I would attach a couple of the letters as requested.

Park 4.pdf

Park 2.pdf

[dx100uk]

oh god ZZPS right hassle [get the names...}

 

you DONT EVER ignore a court claimform..just for refs

 

but you or more importantly your wife wont get one.

 

access rights prevail

[Dencade]

Would a letter to Premier Park be worth sending to explain that the driver has access privileges to the site etc etc, and perhaps offer to pay the original £60 with a cheque in good faith, which in turn is understood that the charge is then paid and not to expect any further demands from them or their Debt collecting companies.

 

This on the basis that they then at least they have the PCN paid, and would be unreasonable to chase the extra fees placed on top.

I don't know if that is likely to work? and indeed if this is a common misconception.....

[dx100uk]

indeed if this is a common misconception.....

 

 

correct......

 

 

don't pay anything they'll just comeback for more

[ericsbrother]

NO.

you have been advised to their modus operandi so why would you want to be sticking your head in the lions mouth when you have been told that do that and it will bite.

 

Look up the directors of ZZPS and then see what other companies they hold directorships in.

 

 

Stop inventing reasons for them to see you as a mug and they wont be demanding money.

 

 

Try paying them £60 and they wil up the demand to £300 or £600 because they believe that you are just afraid of being taken to court, even though they cant win. a defended claim.

 

 

They only have fear to use against you, not the law.

 

 

Would a letter to Premier Park be worth sending to explain that the driver has access privileges to the site etc etc, and perhaps offer to pay the original £60 with a cheque in good faith, which in turn is understood that the charge is then paid and not to expect any further demands from them or their Debt collecting companies.

 

This on the basis that they then at least they have the PCN paid, and would be unreasonable to chase the extra fees placed on top.

I don't know if that is likely to work? and indeed if this is a common misconception.....

[Enron]

Going through a similar thing to yourself, though up at Berry Head.

 

In my instance though NO Parking Charge Notice, so will watch your thread with interest.