Letters To Private Parking Companies... A suggestion

[lamma]

trespass is a tort. now the tort is over any alleged trespass has ended. this could be fun/ which PPC is it ? do you have photo of the filed papers ? wonder how they will identify who it was who was driving the car as there has been no contact with the PPC. sounds like this one is easily dealt with. but sounds like a very unusual case. is there more to the story that you can tell us ?

[crem]

Sounds most unusual for something like this to be going to court when there doesn't appear to be any history of communication. Who are they taking to court, the registered keeper? How do they know the RK was driving that day? etc etc.

 

As lamma says, a full history would be beneficial to all us readers and hopefully the many experts on here, of which I am not one, can show that such court cases will not be successful.

[lamma]

a proper defense is obtainable...but without the details and copies of all the paperwork.... as we all know the blue badge is meaningless in private car parks. if there is an invitation to treat then the trespass is more than just moot. lots of ways of batting this one way out of the ball park. but without the details your colleague will be on her own. can she prepare a proper defense unaided ?

[letshelp]

Sounds most unusual for something like this to be going to court when there doesn't appear to be any history of communication. Who are they taking to court, the registered keeper? How do they know the RK was driving that day? etc etc.

.

 

I think you may remember Crem, was it Perky who said in court, 'WE JUST DO' .

 

regards

[safepark]

There has been an assumption that the RK is liable as the DVLA has given their details as the RK.

After ignoring 3 letters from SAFE PARK it was handed over to Collections agency, whereby she used on of the templates on here asking them to take it up with the driver... and that its in dispute so refer case back to your client etc

They replied with

It states that if i dont pay within 14 days the amount and details of the circumstances will be registered with all the leading Credit Reference Agencies. A judgement will be applied for, and this will appear as a default on my credit hiostory which will affect your ability to obtain credit in the future. We may also arrange for a Collection Agent to call at the registered keepers address to settle the outstanding account. Any subsequent visit/letter will attract an admin charge of £25 which will be added to the outstandiing amount.

IT IS IN YOUR INTEREST TO DEAL WITH THIS CASE IMMEDIATELY

 

 

then papers

[lamma]

"then papers" what does that mean exactly ? Oh and the text from the DCA about Reference Agencies and judgments is clearly and wholly wrong. Misleading to the point of definitely being in violation of The Consumer Protection from Unfair Trading Regulations 2008 No. in my view. Looks like SAFE PARK are on a hiding to nothing - and will of course get nothing. which DCA is it ? can't think it is a real one spouting so much completely rubbish as that would get them into all kinds of a mess after a few complaints in the right direction.

Edited September 19, 2008 by lamma

[Barnsley Boy]

The credit reference agencies do pull together information together from companies who extend various forms of credit arrangements. This includes utilities, mobile phone companies, credit card companies, banks building societies and the like.

 

You may not know it but you have given permission for this information to be passed on. It is in the small print of all these agreements that you sign in the course of your day to day life.

 

There is no written agreement with a PPC, you cannot have given permission for information to be passed on. For a collections agency to baldly state something so patently untrue, namely that the "debt" will be registered with credit reference agencies must be actionable.

 

Make complaints to OFT, Tradong Standards, the collection agency's own trade association and anyone else you can think off.

 

[i'm sure lamma has a little list ]

 

Oh and another thing - IT IS IN YOUR INTEREST TO KEEP ON IGNORING US.

[lamma]

its quite a long list - dependent upon the paperwork received

[safepark]

The agency is Central collections Agency LTD Birmingham ompany regsitration no 6124459. I google'd it and it turns out to be a semi detached house in a leafy birmingham suburb!!

Anybody else had any dealings with 'D Beverley' Account Manager??

[sanjvw]

Hi Guys wanted to firstly say hello to everyone! i have recently joined i am happy to support any scheme against these scoundrals!

 

I apologise for a long post, please help guys!!!!

 

i need some help with a reply to a letter, i have used several templates adding my own comments,

I have advised euro car parks to substatiate there claim over 4 letters they have not done so, i have only acknowledged i am the keeper of the vehicle and i have no records of who drives at any time and keep no records, i have accused them of unlawful charges told them that they are in breach of the administration act 190 and harrasment act.

 

my letter to them as follows;

 

I do not feel that you are acting reasonably in this matter.

I have asked you to provide evidence to substantiate your claim against me and you have not done so. I feel that I have done all that I can to assist you. Unless you provide evidence to substantiate your claim against me I shall be unable to help you further in this matter.

You have stated that authorised drivers would be named on my insurance policy why would this be? You have failed to understand that drivers who have there own fully comprehensive insurance have authority, as an example I have a large family who all have my authority and they have given me authority to drive any family vehicles. My name would not be on another insurance policy as a named driver due to the fact my own policy allows me to drive with authority.

Firstly, let’s look at your fraudulent claim that as the keeper of the vehicle, ‘Liability for the Parking Charge Lies with You’, as you no doubt are aware, if the keeper of the vehicle was not driving the vehicle at the time of the alleged contravention they have not entered into a contract with you at any time and are not liable for anything let alone trespassing, except attempts to bully them into paying an unlawful charge.

Secondly, your failure to acknowledge correspondence, and your threats of legal action and Debt Recovery Agencies amount to harassment under Section 40 of the Administration of Justice Act 1970 which is a criminal act.

I will welcome the opportunity to defend your allegation in court and am confident of success. Of course you will be required to produce the evidence that I have requested and you have failed to provide. You will also have to answer to the court why you failed to do so.

This alleged debt therefore remains disputed by me. Save for supplying the evidence referred to above I must ask you to cease and desist correspondence with me.

Other than as described above, any further correspondence from you or any other party in relation to this matter may result in a complaint to the authorities under the Protection From Harassment Act 1997.

Yours faithfully

 

 

They have once again pursued stating that our demands for payment are not in breach of the administration of justice act 1970. The manner and frequency of our requests for payment have been reasonable and have contained no false representations. Your allegations are therefore wholly without merit.

 

You are in breach of the contract by failing to pay the parking charge notice. we are therefore entitled to write to you to require payment of the outstanding sum. The manner and frequency of our requests for payment has been entirley reasonable, we are therefore not in breach of the protection from harrasment act 1977, your allegations are therefore wholly without merit.

 

We note that you state you were not the driver of the car on the date when the parking charge notice was issued. Please provide details of the driver of the vehicle within 7 days, if the car has been stolen or driven without authority please provide details of the driver. If you do not provide the information requested above or provide payment to pcn within 7 days we reserve the right to proceedings against you for the outstanding sum of £125 without further notice to you. If you do not provide the details required above you are liable for the outstanding sum either directly as the owner and driver or through an authorised agent who was driving the car on the day in question.

 

They having a laugh!

[RichardM]

"if the car has been stolen or driven without authority please provide details of the driver."

 

If the car was stolen, are you likely to know the name of the driver?

 

Muppets..............

 

Sanjvw

 

I would suggest that you write back wtih a very short reply this time

 

Dear Sir

 

See you in court.

 

All further correspondance, short of legally sealed court papers, will be filed without reply and presented to the judge, together with an appropriate response to your accusations and fraudulent claims.

 

Yours faithfully.

Edited October 3, 2008 by RichardM

[lamma]

no point at all in writing to the PPC. they are fully aware of how their [problem] works and they don't care. Try this instead FAQs - PPCs - fighting back. The forces are aligned

[IIIUMINATI]

Why do people write phone and get involved.

letters file them and forget them.

If you get a recorded delivery letter sign it John Doe.

They have to prove you got the letter

Phone calls the same Hi John speaking

Best comments you can make is nothing

Best letter written (no letters ever)

If you want me come and get me.

How do you know it`s me.

More people in this country have been hung because they could not keep there pen still or there mouth shut.

Best defense (no comment ) no this is wrong sounds like you are guilty.

Best defense if you have to is I DON`T REMEMBER.

[IIIUMINATI]

Correction DO NOT SIGN FOR ANYTHING refuse .The letter item will then be returned to sender.

May cost them money ho dear.

[sanjvw]

Hi Guys

 

Thanks so much for your comments and thank you for that link its brilliant, however do i need to worry about if they report this to debt collection and i have something registered against me affecting my credit report rating etc. i have read few post on this, can they actually do this?

 

They have clearly broken laws due to the fact they are demanding payment of a sum without knowledge of who the driver is also stating rk is liable which we all know is crap.

 

thanks, sanjvw

[Barnsley Boy]

Hi Guys

 

Thanks so much for your comments and thank you for that link its brilliant, however do i need to worry about if they report this to debt collection and i have something registered against me affecting my credit report rating etc. i have read few post on this, can they actually do this?

 

They have clearly broken laws due to the fact they are demanding payment of a sum without knowledge of who the driver is also stating rk is liable which we all know is crap.

 

thanks, sanjvw

 

Sanjvw - yes the ppcs and dcas do drone on about credit ratings and so on. Don't worry it is all pure bollox - here's the truth of it:

 

From Adenuff’s Posting

 

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

and that 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

[IIIUMINATI]

I understand that you can with draw your permission for an organization to process you personal details or information by giving notice in writing at any time to any company which you had earlier agreed could process your details.

 

Clarification required please

[sanjvw]

Hi,

 

From what i've heard you can withdraw data, i work in finance bad times at the mo tho we always have requests to have information removed, again i just wanted to say appreciate all the help support you guys have given in my quest to get these [problematic] of my case, i have decided weather its a good idea or not, i like petes idea with a short sweet letter to say see you in court. think i went wrong to reply from the start having no knowledge at that time, since then finding this forum and so much helpfull people around has given me confidence to always question and challenge things moving forward...

 

any other suggestions would be appreciated

 

I shall keep you posted although i am hoping they wont be contacting me back unless they want to go court.

 

thanks again

sanjvw

[bored]

Hi all,

I have a query,

A few months ago one of my company vans was given a ticket for not displaying a valid permit (I have a small family run business). the company is UKPC and have demanded money from my company as it is the registered keeper.

The land was one of our clients car parks and the van must have been delivering something as we weren't working on site that day.

I was not best pleased one of our drivers had a ticket, but on reflection I decided that he was on a delivery so he couldn't have been there very long.

I read a lot of the letters here and decided to fight the ticket, I sent the standard letter, pointing out that our company has no contract with UKPC and that their PCN (invoice) was not going to be paid.

I have had various reminders (2) and two collection agency letters stating that they intend to collect £125 and £135 respectively.

Today I recieved a "Notice of Visit" letter stating that they have passed my file onto a debt collector who will visit my home within the next few days to obtain full payment!

It says further "you can avoid this action by sending payment in full to their office by return of post".

My query is as the company is ltd and run from my home address does this change anything regarding the registered keeper / driver argument?

Also a a matter of interest they are writing to the company at my address but have the company name wrong.

Should I take any action? Or just ignore?

Bored.

[crem]

Should I

a) take any action?

Or

b) just ignore?

 

 

B

[lamma]

their 'DCA' (i.e some UKPC person who uses the desk in the corner) have NO powers. and they know it. they won't waste petrol visiting (it would be great if they did as we all enjoy them wasting their time and money) . A hollow threat by them to put the frighteners. A pure waste of time and money by them if they follow though. if I was you I would be hoping they did come around - much fun to be had

[texanbar]

Many thanks for this incredible priceless piece of information. I have just finished typing my letter to UKPC for their little invoice following a visit to my local Tesco store. I telephoned the store and Head Office (Tesco) and they simply were not interested. I told them how incredulous it was in this current climate they wanted to employ a Parking Control company despite the millions of pounds profit they make! They didn't really care (well, the three people I spoke to didn't)!

Anyway, that was all before I fell into this site (boy am I glad I did).

Now that is all off my chest, I will be posting my letter to them tomorrow. Should this be sent recorded or will a 'proof of posting' stamp suffice? Any response would be great. Many, many thanks. I will be recommending this forum to everyone I know!

[bored]

Hi,

I used a template from here to reply to one of these PPC's and all I got was further requests for money threats of court action, then bailiffs letters telling me of imminent visits etc,

In truth I'm sorry I even bothered to send the first letter, it cost me a stamp and the price of an envelope and ink to write with. What a waste of money!!

These people just don't give a toss and they will try to persue you until they realise they are wasting their time and money doing so.

I haven't seen a letter in months now.

My advice is make sure it is a PPC you are dealing with and if so, file the letters until such time as they stop.

[letshelp]

Hi everyone.

After reading all of these threads I am not going to pay it but I would be interested to hear experiences of people who have not paid tickets received in similar circumstances to mine. Is best just to totally leave it or contact the company directly and explain that you will not be paying????

Dibski

 

If you read this and other threads on CAG you will see hundreds of posters with similiar experiences to yourself, and the advice is usually constant.

IGNORE

regards

[PARKRIGHT63]

I have been ignoring now for 4 months, just had a 'final demand' again and told it MAY go to the county court and I would incur a further cost of £40. court costs.