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    • Firstly, even if they get away with this, it doesn't mean you won't win.  The solicitor can eloquently waffle on as long as they like that the signage isn't carp.  I'm afraid the signage is carp and the photos show it is.   Virtually everyone who has beaten these companies in court was facing a solicitor, but still won.   So do what dx, Andy and the court woman said.  Write to the court now pointing out this is a supplementary WS and it was submitted to you & the court 17 days after the deadline albeit with a date on to pretend it was written before the deadline, and you invite the court not to accept it.   If you get nowhere, then challenge it on the day in court.
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    • It was granted on 17th Feb and i requested to their Leeds address below:   Hermes UK Capitol House 1 Capitol Close Morley LEEDS LS27 0WH   This does look like the correct Hermes UK office address though?
    • You have a judgement against Hermes? When was it granted? You should apply for execution of the judgement immediately. You shouldn't even be asking us. One thing though – you should check that you have actually serve the papers on a real physical address. We have had one case recently against virgin where we discovered that the papers have been served on a postcode – but it was actually a redirection address and that there was no physical address which could be visited by bailiffs. What address did you use for the claim?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Park Direct UK - Oldchurch, RM7 0FS - underground garage private housing estate


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Friends daughter has received a ticket for 'failing to clearly display a valid parking permit'.

 

It is permit controlled parking for an underground car park.

She had the permit on display but feels that it may have been the wrong way up.

 

Do we wait for them to write to her asking who the driver was.

Beth parking ticket_0001.jpg

Beth parking ticket_0002.jpg

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Blimey, this is serious. James Bond is issuing parking tickets now :lol:

 

Could you have a look at this post please. Copy and paste the relevant part of that, along with your answers, back to this thread :thumb:

 

 

In the mean time, do not contact Park Direct at all. You must wait for them to do all the running as there's a good chance that they'll mess it up at some point, so let them waste their money.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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1 The date of infringement? 26/07/18

 

2 Have you yet appealed to the parking company yet? [Y/N?] N

 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload guide

 

has there been a response?

please post it up as well, suitably redacted. [as a PDF- follow the upload guide]

 

If you haven't appealed yet - ,.........

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] N/A at the moment

what date is on it

Did the NTK provide photographic evidence?

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?]

 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

5 Who is the parking company? Park Direct

 

6. where exactly [Carpark name and town] did you park? Oldchurch, RM7 0FS - This is an underground garage on a private housing estate

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OK, interesting.

 

Your friends daughter...

 

Is she a resident?

If so, Owner or tenant?

And what does it say on the deeds/lease/tenancy agreement about parking arrangements.

 

Forget anything else that may have been said since the deeds/lease/tenancy agreement was signed, the only important thing is exactly what that document says about parking.

 

What i'm getting at is if there is allocated parking and your friends daughter was parked in her own space, then she could have been displaying a bubblegum wrapper (or nothing at all) if she wanted to. She'd have "supremacy of contract" and there'll be nothing that Park Direct or anyone else can do to override that.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Hi Dragonfly,

She doesn't live there but was visiting friends and they gave her the permit to use (none of them have a car so she uses it a lot). Its quite a new housing estate and there are not enough parking spaces for the properties and the permits go along with the property. Her friends are renting the property and the parking permit comes as part of the rental agreement.

 

I've been there myself when visiting clients and it is a nightmare as there are no visitor parking spaces.

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OK. Permit or no then, she had the permission of a resident to park in a parking space. Just bear that in mind for now, it will become important later on in the process :thumb:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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the permit scheme is supposed to be a simple administrative function to manage parking events by non residents however, the parking co's use it as a method of chiselling money out of those who have a right to be there and pay scant regard to the fact that the residents dont have to show permits as it is the parking co's job to know who is allowed.

 

generally these schemes are introduced by the development managing agents, who take a backhander for allowing the bandit to run riot but this means that they have no actual authority to be there. this only becomes apparent when the bandits try their luck at court against a defended claim.

 

also the wording is very precise, failing to clearly display, not failing to display.

I bet the signage offering the contract doesnt have 2 separate clauses in it about the difference.

Edited by dx100uk
Merge /Spacing
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How big was the signage. Could you read the small print easily from the drivers seat of a car?

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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I say the sigange isnt a contract because it doesnt have a proper address for the person offering you the contract to consider so now what they say in their NTK becomes ultra critical. The scan of the actual ticket is too small to read so having to make certain assumptions of its content.

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Nothing in their T&CS to say that the permit had to be facing upward [assuming it was] just that it has to be " fully" displayed in the windscreen whatever that means. As far as I can see they have no reason to issue your daughter with a ticket except from the point of their greed.

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ticket doesnt create any driver liability as it fails to contain certain key information, as does the signage. that will mena they are chasing the keeper unlawfully as they wont have a good reason to apply for the keeper details. The DVLA will ignore any complaint so when the NTK arrives a complaint to the ICO will be in order, about both the parking co and the DVLA for allowing them to access her details.

 

One day the ICO will act and all of these bandits will have to change their tune

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  • 2 weeks later...

Sorry for not being in touch earlier, been away for a few days.

 

What is the key information that the ticket requires - not doubting you just trying to get me head round it.

 

Checked with the driver and she claims that she could not read the signs clearly without getting out of the car.

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Tony3x there are many different reasons for a parking company to be unable to legally recover the invoices that they send out ad nauseam to motorists and keepers. So many that these incompetent retards rarely get it right. They know , but cannot be bothered to amend their mistakes because they make more than enough money from those who pay up anyway.

 

There is no point writing to them just yet as they have not sent the NTK and they are often so riddled with errors that no Judge would even allow their case on the NTK alone. When your friend

does receive the NTK please post it on here with identifiers [name, reg etc] removed to provide more ammunition why their invoice should not be paid.

 

These things are rarely resolved quickly mainly because the parking companies refuse to accept that they have done anything wrong and keep sending out more and more ludicrous demands in the hope that people will eventually pay up. However the people who have the permit may be able to stop matters by complaining to their managing agent that there was a permit being used on the car at the time and it was valid so there is no reason to charge your friend to see if they can get the ticket cancelled.

 

Another way may be to complain to the DVLA that a NTD was issued when there was no reason thus breaching the GDPR. The car was displaying a valid permit which was actually confirmed by the windscreen ticket. Ask the DVLA to watch out for Park Direct 's request [ that would involve the car registration and the keepers address] and refuse to send the keeper details as that may be judged to be aiding and abetting a breach of the DPA since there is no reasonable cause to ask for the keepers address etc. She could also try claiming the right to restrict the actual processing of her data in this instance.

If the DVLA agrees then she will not receive a NTK -case closed

And a complaint to the

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  • 5 weeks later...

not a valid NTK as it fails to say who the creditor is.

This means there is no liablity created by this notice so no-one has to pay.

 

I would presume that they took the advice of the world's greatest solicitors, Gladstones, before creating this document, No wonder it is only fit for compost.

 

The proproetors of Gladstones solicitors are Will and John who also own the IPC (International Parking Community, not to be confused with the Independent parking committess a name they used to use but belongs to someone else) Not that they mention this on the NTK, another breach of the POFA. perhaps they are ashamed of themselves and the IPC and so they should be.

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until/unless she gets a letter of claim

i'd tell her to sit on her hands

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Not sure how relevant but checking the address given on the ticket I have noticed it is wrong. There is not a road called 'Oldchurch', this is the area (name of hospital that used to be on the site). The road relating to the postcode is totally different.

 

To add to the above. I have had a good look at the photos on the NTK. Even zoomed in you cannot tell whether or not there is anything on the dashboard as they are too dark.

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