Park Watch ANPR PCN - One Stop Shopping Centre Perry Barr Birmingham

[Wrighteous]

I would be grateful for some advice from you guys regarding an on-going matter I have with a company called Park Watch.

 

I was using the car park at the One Stop Shopping Centre in Perry Barr Birmingham and dropped someone off in an area which the company claimed was for busses only.

 

They then wrote to me and issued me with a Parking Charge.

I was going to pay it until I decided to Google the company and found that someone else (markavfc) had had the same experience and with your guys help had had the fine rescinded.

 

Following his lead, I wrote to Park Watch saying that I would not be paying the fine along the following lines:

 

With reference to your recent letter reference number ,,,,,,.

As the keeper I will not be paying this so called charge as there is no contractual obligation and you have not complied with schedule 4 of the Protection of Freedoms Act 2012.

 

I heard nothing from them for 3 weeks and then I received another letter claiming that I hadn't responded to their first.

I think this was due to them changing addresses but with companies like that it might have just been another tactic.

 

Therefore I responded again with the following:

Dear Sir or Madam:

 

Parking Charge Notice .....

 

I received a letter from you dated 28th June 2017 pertaining to the above matter.

The address I was given to write back to you was given as:

 

Park Watch, Payments Department

Suite 12, The Shippon

Church Road

Dodleston

Chester

CH4 9NG

 

I wrote back to this address on the 8th July accordingly. A copy of the letter is attached for your convenience.

 

I received a letter dated 27th July indicating that the parking charge is overdue.

 

However I did not receive a response to my original letter and I await one at your earliest convenience.

 

Please note as stated originally, as the keeper I will not be paying this so called charge as there is no contractual obligation and you have not complied with schedule 4 of the Protection of Freedoms Act 2012.

 

I have today received a very odd response from them which I will attach and would welcome your advice on how best to respond.

I look forward to hearing from you

[renegadeimp]

its not a fine. its a speculative invoice.

[renegadeimp]

ok. we need dates first of all. never mind the numerous mistakes theyve already made that can get rid of this.

 

What dates did the alleged infractions occur. What dates did you recieve the NTK.

 

Were these ANPR captures, or did you get a ticket on your vehicle.

 

The dates are important as they must adhere to a strict timeframe.

[Wrighteous]

Apologies for the earlier faux pas please find redacted documents!

Park Watch follow up letter 28th June.pdf

Park Watch original letter 20th June.pdf

Park Watch third letter 3 Aug .pdf

Edited September 16, 2017 by stu007
Removal of Personal Details

[Wrighteous]

Thanks for the post, please see responses below:

ok. we need dates first of all. never mind the numerous mistakes theyve already made that can get rid of this.

 

What dates did the alleged infractions occur. 20th June 2017 What dates did you recieve the NTK. 28th June letter was sent. I received it on 1st July or thereabouts

 

Were these ANPR captures, or did you get a ticket on your vehicle. I was sent captures which are shown in my attached letter[/B]

 

The dates are important as they must adhere to a strict timeframe.

Edited August 12, 2017 by Wrighteous

[dx100uk]

can you complete this link please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

[ericsbrother]

you havent appealed and they are telling you this.

They are doing so because that way they can claim that the protocols havent been followed by you and they dont have to consider anything or give you a POPLA code.

 

The thrust of the argument Mark was given was that the signage isnt a contract but one that is prohibitive in nature this menas that ther can be no "performance" by the parking co ( they cant actually offer you anything as a consideration- ie) park here and pay us £90) and since they dont own the land they have to interest in trespass or disobdience.

 

Mark is also a fellow Villa fan so if you support Birmingham City you will be on your own!

Mind you that is normal for St Andrews.

Lonliest job in the world? cleaner at City trophy room.

 

Back to business,

as you have read his thread you will realise that it is a long haul,

not a short hop so advice is wait and see what they send out next rather than be in a rush to waste a tree writing letters that get ignored.

 

 

Ultimately you will be telling them there is no contract and they know it and yoi know thay have been here before and they will be throwing good money after bad in a pointless pursuit if they continue but let them get to a point where they are forced to accept that you arent going to play nicely first.

[Wrighteous]

Thanks ericsbrother and apologies for the delay in responding. I have been away on holiday and just got back to another letter now from a Debt Recovery company with the 'fine' now totally £160 plus the addition of a couple of threats. I would be very grateful for your advice.

 

Btw, my family home is a stone's throw away from the Villa and I used to deliver newspapers to the football club. Do I qualify?

Debt Recovery letter 15 Aug page 1 pdf.pdf

Edited September 16, 2017 by stu007
Removal of Personal Details

[dx100uk]

you ignore any powerless dca

they are NOT BAILIFFS

 

 

link in post 6 still needs doing please

[Wrighteous]

Responses to the link are shown below:

 

For PNC's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement 20th June 2017

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 28th June 2017

 

3 Date received 1st July

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] N

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? {y/n?] post up you appeal] No

I have written to them with the following:

With reference to your recent letter reference number .....

As the keeper I will not be paying this so called charge as there is no contractual obligation and you have not complied with schedule 4 of the Protection of Freedoms Act 2012.

 

 

Have you had a response? [Y/N?] post it up No

they did not acknowledge this and sent another letter on 27th July saying the payment was overdue. I followed this up with another letter:

I received a letter from you dated 28th June 2017 pertaining to the above matter.

 

 

The address I was given to write back to you was given as:

 

Park Watch, Payments Department

Suite 12, The Shippon

Church Road

Dodleston

Chester

CH4 9NG

 

I wrote back to this address on the 8th July accordingly.

 

 

A copy of the letter is attached for your convenience.

 

I received a letter dated 27th July indicating that the parking charge is overdue. However I did not receive a response to my original letter and I await one at your earliest convenience.

 

Please note as stated originally, as the keeper I will not be paying this so called charge as there is no contractual obligation and you have not complied with schedule 4 of the Protection of Freedoms Act 2012.

 

 

7 Who is the parking company? Park Watch (but according the letter from Debt Recovery Plus it is actually Defence Systems Limited

 

8. Where exactly [carpark name and town] One Stop Car Park, Perry Barr, Birmingham

 

For either option, does it say which appeals body they operate under. British Parking Association, I think

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here

I have received another letter from Debt Recovery Plus who are basically threatening me to pay the fine and have quoted a hearing from the Supreme Court to help persuade me. Please note that all letters have been attached in this thread already

[ericsbrother]

AS said on all threads in any forum section,

you ignore dca's as they have no powers or rights at all.

 

 

Ask yourself why the sum has gone up to £160?

Did you sign a credit agreement with them? No, so they cant lawfullly demand any more than the contracted fee, assuming the debt was real in the first place.

 

 

They rely on people being ignorant on the difference between bailiffs and debt collectors. DR+ are the parking indstry pet rentathreats and can be iognored totally.

 

Keep letting them waste their money.

If you get a letter from BWlegal or Gladstones soliciotors come back here as you will need to respond but up until that point the letters are harmless.

EB (from Handsworth)

 

Thanks ericsbrother and apologies for the delay in responding. I have been away on holiday and just got back to another letter now from a Debt Recovery company with the 'fine' now totally £160 plus the addition of a couple of threats. I would be very grateful for your advice.

 

Btw, my family home is a stone's throw away from the Villa and I used to deliver newspapers to the football club. Do I qualify?

Edited August 21, 2017 by honeybee13
Paras.

[Wrighteous]

Thanks guys, nothing so far but I will keep you posted!

 

I can't see anything, Wrighteous.

 

HB

 

Here you go, it wouldn't attach for some reason previously

 

 

Wayne

Debt Recovery letter 15 Aug page 1 pdf.pdf

Edited September 16, 2017 by stu007
Removal of Personal Details

[ericsbrother]

Typical c**p from these drips.

stating that if you don't respond to their bumf they will take that to mean you are not contesting that you were the driver.

What planet are they on?

 

The last ones to decide who would be the driver is a bunch of no hopers like DRP who are not even regulated.

 

And the Beavis case doesn't apply in your situation either but these numpties keep using it regardless of how appropriate it is.

 

Do they really think that people are stupid enough to pay them £160

 

funny how with all the advice they give on these letters they fail to mention how to report them to the FCA for breach of debt collection guidelines

[lookinforinfo]

With most DCAs I don't think they care that they are breaching the guide lines

 

. With DRP I doubt if they even know that there are guide lines.

[ericsbrother]

trouble is enough people believe their garbage or they would still be in a portakabin in a pub car park

[Wrighteous]

Hi again. I've received a follow up threatening letter, is it okay to ignore this one?

Debt Recovery letter Sept letter.pdf

Edited September 16, 2017 by stu007
Removal of Personal Details

[renegadeimp]

Yep. Nowt they can do. They also refer to the beavis case which has nothing to do with your circumstances. basically its a silly form letter designed to scare you.

[ericsbrother]

they told you before that an unrelated case was lawful. Well shame they didnt go as far as mentioning their clients case is b0**)cks whilst they are handing out advice, it would save everyone a lot of time and effort

[Wrighteous]

These guys are very persistent. I've received another letter, my very last chance apparently to settle before they bring the big boys in. I will continue to ignore...

third letter from one stop.pdf

Edited September 17, 2017 by stu007
Removal of Personal Details

[dx100uk]

I can instruct my dog to sit

IF it does is a totally diff matter

 

 

dx

[ericsbrother]

If they were serious about all of this they would explain where the sum of £160 comes from.

 

 

As it is just an amount they have generated believing that being less then £200 most people will pay it

then that, along with the fact they arent registered with the FCA as licenced deposit takers should tell you the merits of their letter.

 

In short all dca's are rentathreats and can do nothing themselves other than make a noise and send scary letters

[Wrighteous]

Hi Guys

 

After almost a month, they have raised the stakes again with a letter from a collection agency.

 

Again, grateful for your advice on this one which is attached.

Zenith letter .pdf

[dx100uk]

They haven't done anything of the sort

Post 9 refers

 

Why are you SO scared of DCA's ????

Not being fleeced by a DCA on consumer debt are you?

[ericsbrother]

they are saying that of you dont pay their clients their clients may well do something that has nothing to do with them and then list a load of scary things that arent actually how the world works.

 

There is also that word, IF.

IF they do this or that,

IF they win etc.

 

Zenith arent going to write to you and tell you that if you dont pay up their client may well lose money over this so please feel sorry for them and pay up beacuse they have a number of cute fluffy animals to look after and they would all be taken into care if you dont pay.

 

The next letter wont threaten to harm those cute fluffy animals because you are a meany either.

[Wrighteous]

Thanks guys, I take it its another to ignore then?