UK PArking Enforcement Agency (Parkforce)

[BELLA 47]

Thank you Phantom Reclaimer & others for your advice & comments.If I hear any more from County Parking I will do as you suggest Phantom.Received this reply from Trading Standards---makes you want to weep with frustration doesn't it?

 

 

Fax: 01954284660 E Mail: [email protected]

Mr XXXXXX

48 XXXXXXX XXXXX

XXXXXXX

Cambridgeshire

XXX XXX

 

Cambridgeshire County Council

Office of Environment & Community Services

Deputy Chief Executive, Brian Smith

Trading Standards

PO Box 450

Cambridge City

CB36ZR

Internal Box No. ET4000

 

Dear Mr XXXXXX

' \, ' '

Re - County Parking Enforcement Agency

Thank you for your recent letter regarding County Parking Enforcement Agency, which was received on 15 August 2007.

We have noted your comments regarding the letters you have received from them.

It is not clear from your letter whether you have informed County Parking Enforcement Agency who the driver of the car was on that day. If you have informed them of the driver and the letter was sent by Recorded Delivery, then I would suggest you check that the letter has been received by them (by contacting Royal Mail) and then write back to them with this information and request that they do not persue you further for this penalty. However, if you have not informed them of the driver, it is probably reasonable for them to issue the notice againt the registered keeper. If you do not pay the penalty, it may well result in them taking you to court for the fee. In this situation the judge would decide if they are justified to apply the penalty in the absence of a named driver.

The contents of this letter have been noted by this Division under reference No 116426 and should you need further assistance regarding this matter please do not hesitate to contact us on 01954 284619 quoting the above reference number.

Yours sincerely

 

XXXXXX XXXXXXXX

Cambridgshire Trading Standards

 

Would you have thought that an employee of Trading Standards would know so little about the law? No wonder people like County Parking are so confident that they can get their money, it seems that not many people know that private parking companies are not able to legally enforce their fines.

Haven't heard from anyone else yet.

Bella

[Zamzara]

On the driver issue alone, TS are probably correct. This is the flip side of it not being a criminal matter: a judge can decide on the balance of probability.

 

The problem is, penalties are unenforceable, and there is probably no valid contract anyway. Did you include those issues in your complaint to TS?

[Big Man]

Hi All

 

Just spent this morning going through this very interesting thread, and I am beginning to wonder if the UKPEA is the same outfit as I have been nabbed by , UK Parking Control Ltd ?

 

I got a Notification of Unauthorised Parking on 15th July at Barbican Leisure Park, a free car park !, for not parking in marked bay. The interesting part is at the bottom of the notification I quote " The owner/registered keeper of the vehicle will recieve a charge certificate via Royal Mail within 28 days of the above date".

I recieved the Charge Certificate this week, with an issue date of 20th August, 37 days after the breach, and outside thier own terms of contract, I have written to them, recorded delivery, pointing out the error of thier ways, and stating the Penalty Charge is unenforcable under current Contract Law.

 

Any ideas on what response I will get ?

 

I recently got as far as court with Lloyds TSB, and they bottled it and coughed up £3500 at the last minute, so I am all fired up for a new challenge ! Is this it ?

[BenjiBoo]

Hello all,

 

I've just received one of these Parkforce tickets. I read through this thread and it is very interesting. It seems that Parkforce are now part of the BPA. So that's a bit of bad news.

 

I got the ticket for parking on the pavement at the private carpark where I work. It's £60, which I thought was a bit steep.

 

So if I understand this correctly, this penalty charge was put on my car by somebody at my work and they just leave all the admin to these Parkforce people?

 

Should I be writing to my place of work? The reason why I parked on the pavement is because the carpark was full. (There were a number of cars with tickets parked on the pavement.)

 

Anyway, I don't know if this is a glimmer of hope, but they put yesterday's date on the ticket, which turns out that it was Sunday, so I'm hoping this can be used to avoid the fine. What do you reckon? I don't have proof where I was on the Sunday, but there is an automatic barrier with a keyfob that I need to use to gain access to the carpark. Someone else tried when they had the registration wrong but didn't have any success - surely they could have left it since retrieving the details from DVLA with the wrong registration details wouldn't have yielded their address/details.

[Barnsley Boy]

Whoops!

[Barnsley Boy]

This is a Private Parking Company - the tickets are a [problem]

 

Read the "stickies" [topics at the top of this forum], study "Private Parking Companies - all you need to know". Use Bernie's template letters to see them off.

 

Do not pay and do not get engaged in their appeals process.

[pascott]

i have been reading this with great interest.

i was given a parkforce ticket at my local costco store a week ago.

it looks lioke a child has written on it. it has more crossings out than enough and the reason for issue box has not been completed at all.

do all the above arguments still apply. i am thinking of emailing them and telling them where to go with their ticket telling them that i think it is in valid due to it not beibg filled out correctly.

also i am off to the carpark today. it is a sprawling one and i am sure that there is at least two points of entry with no warning signs. if so i am sure that the consumer parking contract cannot apply if i have entered the carpark without passing one of their signs.

i will of course be taking my video camera to record any evidence.

 

i think this will get interesting, and if they do go to court with it what the hell, it will cost them more to recover than me to pay in in any case.

[serialpcnreciever]

This is a Private Parking Company - the tickets are a [problem]

 

Read the "stickies" [topics at the top of this forum], study "Private Parking Companies - all you need to know". Use Bernie's template letters to see them off.

 

Do not pay and do not get engaged in their appeals process.

 

hi barnsley boy, do you mean parkforce by this? I have had three tickets issued by them at a total cost of £180, all at my university campus when i was giving a disabled student a lift. i really cant afford this amount as a stuent, is there any way out of this! it just seems so unfair

[robin9342]

hi barnsley boy, do you mean parkforce by this? I have had three tickets issued by them at a total cost of £180, all at my university campus when i was giving a disabled student a lift. i really cant afford this amount as a stuent, is there any way out of this! it just seems so unfair

It applies to all PPCs unless they are acting on behalf of a local authority

[Barnsley Boy]

Yes, university campuses are a happy hunting ground for private parking companies. No danger whatsoever in ignoring tickets from the Parking Companies. Thing to watch for is the involvement of the University, don't want to fall out with them do you?

 

Any chance of scanning in your tickets [washed of personal or traceable information]

[serialpcnreciever]

Yes, university campuses are a happy hunting ground for private parking companies. No danger whatsoever in ignoring tickets from the Parking Companies. Thing to watch for is the involvement of the University, don't want to fall out with them do you?

 

Any chance of scanning in your tickets [washed of personal or traceable information]

 

 

hiya...unfortunately i cant find the original notice and the other 2 I never recieved as they were removed from my vehicle! all i have now are some charge notices, saying the sum has increased to £135 (for each ticket!) and if i dont pay within in 14 days they will issue legal proceedings...im seriously considering paying to avoid all the hassle but at the same time a) i really cant afford it and b) i dont want to out of principle...all your help is much appreciated

[robin9342]

NO, don't pay them! 3x £135= £405:o.

Its really not that much hassle to ignore some threatograms. In the extremely unlikely event they do try and take you to court, there is plenty of help on here.

 

I can't see the university causing you too many problems either. After all, you were assisting a disabled student and the university wouldn't wish to make it more difficult for its disabled students.

[Barnsley Boy]

I know you will say it easy to say from my position but:

 

I doubt very much that Parkforce will issue legal proceedings. We've seen literally 1000's of times and guess what - you can count court cases on one hand. There is no record of one of these private parking companies winning a properly defended claim.

 

Ask yourself "what is the worst that could happen"

 

Answer - they would issue Court Papers - actually done through the internet on MCOL [Money Claim Online] - the small claims section of the County Court. You would get your chance to submit your defence - we'd certainly help with that.

 

Chances are that, on seeing your defence, they wouldn't even turn up in court. If they did turn up, the chances are they would lose. If, by some miniscule chance they did win, they would get nothing like the monies asked for, it would still be your cheapest option.

 

That is all just worst case - not going to happen. If things follow form [9999 out of 10000] you will get a few threatening letters just like the last one, all in red ink, then nothing...........they will go away and find an easier victim.

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/65341-private-parking-companies-charges.html

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/119802-private-parking-tickets-template.html

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/119917-private-parking-tickets-template.html

 

Judge quashes £300 parking fine...because it set out to ‘frighten and intimidate’ driver | the Mail on Sunday

[serialpcnreciever]

NO, don't pay them! 3x £135= £405:o.

Its really not that much hassle to ignore some threatograms. In the extremely unlikely event they do try and take you to court, there is plenty of help on here.

 

I can't see the university causing you too many problems either. After all, you were assisting a disabled student and the university wouldn't wish to make it more difficult for its disabled students.

 

 

have you had success with just ignoring charge notices...?

[serialpcnreciever]

I know you will say it easy to say from my position but:

 

I doubt very much that Parkforce will issue legal proceedings. We've seen literally 1000's of times and guess what - you can count court cases on one hand. There is no record of one of these private parking companies winning a properly defended claim.

 

Ask yourself "what is the worst that could happen"

 

Answer - they would issue Court Papers - actually done through the internet on MCOL [Money Claim Online] - the small claims section of the County Court. You would get your chance to submit your defence - we'd certainly help with that.

 

Chances are that, on seeing your defence, they wouldn't even turn up in court. If they did turn up, the chances are they would lose. If, by some miniscule chance they did win, they would get nothing like the monies asked for, it would still be your cheapest option.

 

That is all just worst case - not going to happen. If things follow form [9999 out of 10000] you will get a few threatening letters just like the last one, all in red ink, then nothing...........they will go away and find an easier victim.

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/65341-private-parking-companies-charges.html

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/119802-private-parking-tickets-template.html

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/119917-private-parking-tickets-template.html

 

Judge quashes £300 parking fine...because it set out to ‘frighten and intimidate’ driver | the Mail on Sunday

 

thankyou for taking the time to write all this.....i dont think id be looked on too well in court because its not just 1 ticket that i have...its 3! Plus ive also heard that you can get a ccj (whatever that is) against your name if you dotn pay which can stop you getting finance or anything..dont know how true that is though

[Barnsley Boy]

You are obviously wound up about this, the truth is not as black as you painting it - here's some hard information:

 

From Adenuff’s Posting

I have posted on this subject before and have therefore plagarised my previous post

 

A typical Private Parking Company might have an intimidating standard threat letter that says something like this

 

"FINAL REMINDER BEFORE LEGAL ACTION" "Failure to pay the full balance outstanding within 7 days of the date of this notice could result in the balance outstanding being registered as a debt against you in the County Court. A warrant may then be issued to bailiffs to recover payment. You will also become liable for the additional fees of the County Court and the bailiff together with any legal costs and interest involved. Your ability to obtain credit in the future could be affected"

 

This whole paragraph is a total misrepresentation designed to indicate that if you don't pay now, everything will be taken out of your hands and all sorts of dire things will happen. Total cods

 

1. Failure to pay now cannot of itself result in anything being registered against you as a debt in the County Court

 

2. In order for you to get a CCJ (County Court Judgement) registered against you ALL of the following have to take place

(a) the company concerned have to issue a claim against you. This costs them a fee, typically £30.00 for a normal parking ticket

(b) you either do not enter a defence because you forgot, are daft or some other reason ( in which case the Claimant will request a judgement in default)

OR

much less likely the case actually goes to a hearing and you lose

© that having lost, you do not pay the Judgement debt within 28 days of the judgement being entered against you.

 

A Bailiffs warrant would only be issued if you lost and didn't pay the judgement debt as instructed by the judge.

 

Your credit rating would only be affected if you had a CCJ which you didn't pay

 

Your credit rating is assessed by combining information about you available in the public domain (such as unsatisfied CCJs, Bankruptcies and things like whether or not you are on the Electoral Roll) and information about you which is shared by the major lenders and which you have given them permission to share because it forms part of the credit agreement terms which you have to sign when you take out a loan or get a new credit card.

 

It does not include information provided by filthy [problematic] or other assorted scumbags

 

Have you wrote to these people - have you even admitted to being the Driver?

[Barnsley Boy]

thankyou for taking the time to write all this.....i dont think id be looked on too well in court because its not just 1 ticket that i have...its 3! Plus ive also heard that you can get a ccj (whatever that is) against your name if you dotn pay which can stop you getting finance or anything..dont know how true that is though

 

Did you notice the recent excel case which i linked:

 

That lady had 4 tickets [not just the three], plus you have already said 2 were removed from your vehicle, how did you know they were put on in the first place?

[robin9342]

have you had success with just ignoring charge notices...?

Personally, I've never had a private ticket, but many other members on here have. Just read through the information Barnsley Boy has posted and stop worrying, thats just what the PPCs are hoping you will do! :grin:

[pascott]

it is now nearly 3 months since i received and ignored my notice and i havent heard a dickie bird from them yet.

 

paul.

[pascott]

oops...

spoke too soon.

i got the threatening letter today.

on my ticket the issuing person hasn't ticked off the reason for issue..ie left it completely blank.

on the letter they now have a reason for issue..

that may sound like an interesting day out at court. if someone has written in a reason after the ticket has been issued and both copies don't match then i think the word perjury comes to mind.

i am thinking of going to the store and demanding the details of the issuer and threatening them with legal action. i think if it went to a hearing they would have to produce the actual person who issued the ticket. i cannot see the carpark sweeper or whoever wanting a day out like that.

for now i think i will browse the letter of reply link and send them one in the post.

[pin1onu]

oops...

spoke too soon.

i got the threatening letter today.

on my ticket the issuing person hasn't ticked off the reason for issue..ie left it completely blank.

on the letter they now have a reason for issue..

that may sound like an interesting day out at court. if someone has written in a reason after the ticket has been issued and both copies don't match then i think the word perjury comes to mind.

i am thinking of going to the store and demanding the details of the issuer and threatening them with legal action. i think if it went to a hearing they would have to produce the actual person who issued the ticket. i cannot see the carpark sweeper or whoever wanting a day out like that.

for now i think i will browse the letter of reply link and send them one in the post.

Unfortunately this is not a ticket as in a Penalty Charge Notice (councils)

or Fixed Penalty Notice (Police, Traffic Wardens, PCSO's etc).

 

What you have is an invoice. As there is no legal requirement for format or anything else if they get details wrong they can simply correct and re-issue. You would have a job getting perjury to stick. If it was a council issued ticket then you would have a case.

[pascott]

thanks for that one.

i thought that would knock the credibility of it at least.

however, i am sure i am right in thinking that the issuer who is probably a store employee would have to appear at court, or does that not apply to county courts.

 

i have been to the store and taken photographs of the signage.

the way i drive into the car park i dont actually pass a sign on my way in as the signs are all at the bays nearest to the front of the store.

if that is the case then could one argue that a sign wasnt passed and therefore a contract wasn't entered into.

that is assuming that this ends up in court in any case.

[lamma]

yes (plus much else besides) and it won't

[materofvirii]

Hi people, its so nice to know that there is a consumer group as disgusted as i am by this "Intimidating" company.

 

I am a student at Roehampton University in london, and as of januray have received not one but five of these tickets, stupid to park in the same place that many times i hear you say? But where our university is situated ,Next to the largest estate in Europe and may i say not safe for vehicle parking at all (with regular car break-ins and vandalism every day). Since the tickets were issued i have only received three claims for payment and this has advanced from the Initial Notice to driver letter to the CRS (Churchill Recovery Services), now i have three threatening letters from CRS

demanding payment of 137.50 within seven days of Parkforce may apply to county court for a judgement against myself.

 

SO this is how it stands at the moment, i am looking for some help in where to go next.

 

Firstly I have photographic evidence (below)

 

 

These pictures show the entrance to my halls of residence as approached from the universities side gate, there is a sign on a tree roughly 7ft up angled away from the entrance and completely invisible from a walking and driving perspective, in fact the only way to see this sign is to walk into the campus and walk around the reverse of the car park. I was under the thought that the sign had to be at the entrance to the car park, also where i was parking there is a barrier which is up, but once again no sign within the enclosed car park stating Parkforce, and the only sign saying anything of the sort is snapped in half and says NO P. The University is totally aware of the parking problem and is simply instigating in explotation and profiteering on the students behalf.

 

Any advice on where to go from here would be greatly appreciated.

 

Edited July 3, 2008 by materofvirii

[Barnsley Boy]

Have you written to them at all?

 

If not, the simplest thing to do is to continue to ignore them. The only way that Parkforce could pursue payment is by issuing small claims procedure [MCOL] papers "on spec" against the registered keeper - you?

 

People much better versed in these matters than me are adamant that no PPC has even attempted to lodge such a claim when they have been blanked completely.