Parking Control Management invoice for moving house

[dx100uk]

PCM are not and can never be DCA as defined and register with the FCA...

a landowner does not and can never 'fit the definition' of a creditor, they did not issue the invoice..

every single Parking Management contract has the relevant line that enables a PPC to issue and collect charges, else there would be no point to it.thats the single most important part of it...as to how PPC's scam mugs.

 

you are getting confused with the ability if the contract states 'taking legal action in their own name'.

 

[FruitSalad1010]

Received a Court Claim From A Private parking Speculative invoice?? - How To Deal With It HERE***Updated Aug 2016***

 

 

Quote

- Lack of contract – A recent tax case suggested that a parking company was not capable of entering into a contract with motorists because it did not have authority from the landlord to give the motorists the right to park. The company had authority to manage the car-park generally but this was not enough. Accordingly the Private Parking Company (PPC) should be put to proof that the landowner has given them proper authority to enter into a contract with the motorist.

 

Edited May 16, 2021 by FruitSalad1010

[dx100uk]

the op has not received a court claim.

but at every court claim you should ofcourse put them to strict proof the contract is current and paid for in the current year.

you need to look carefully, that sticky was written in 2016 and is somewhat out of date.

[lordloz]

3 hours ago, FruitSalad1010 said:

As has been pointed out in many of these cases, usually it is the landowner not the DCA (in this case PCM) that are entitled to recover unpaid parking charges unless the right is specifically passed on in contract.

 

So while the landowner fits the defintion of "creditor", should the PCM have no legal power to recover unpaid parking charges they are not deemed a creditor and therefore could be held liable under the Protection from Harassment Act 1997.

 

A rather protracted argument of little practicle value for the time being, but in my opinion noteworthy if it turns out later on PCM had no legal right to act as a creditor.

 

It could be stated that until PCM are proven to have a legal right to act as a creditor then their continued communication will be treated as harassment until indicated otherwise, or that the right is reserved to make a claim under the 1997 act if it later on turns out PCM had no right to act as a creditor.

 

Thanks for all the help, folks, in terms of whether to reply or allege harassment - well being harassed itself it is advised anyway not to respond to them in the first instance. So as Fruit Salad and DX says ignore until letter of claim and not confirm ID which is what I will do.

 

As I said I note it here as part of the timeline, and just keep records of it for later if necessary. Not intending to do anything with it just yet.

 

[AndyOrch]

Topic open

[lordloz]

UPDATE:

So today 4 years later 12/12/2020 a letter from the mists of time arrives today from Debt RecoveryPlus.

"The time has come to decide how you wish to proceed regarding an unpaid parking charge you received in xxxxxxxxxx on 12/12/20.

You may not have responded to previous letters due to an oversight. Now if you don't respond you are making an active choice. 

Our client reserves the right to take this as evidence of your intent not to pay"

now

pay in full

£170 or payment plan £42.50 over 4 months interest free or do nothing 

failure to pay and your financial loss will increase significantly if your case goes to court and you are unsuccessful.

with this choice we have to 

inform our legal team

share contact evidence 

advise legal action starts.

________

will continue to ignore but thought should add to this old thread especially to show how they don't like giving up  thanks everyone 

 

 

[dx100uk]

little powerless darlings.

the PPC has 6yrs to try from the date of the PCN.

dx

[lordloz]

thanks DX