parking permit not displayed private land.HELP PLEASE!!!

[angiross]

This seems to be the best forum i have ever seen. i hope someone can help advise me with my problem.

angiross

[angiross]

Hi there all. This is my first post and i would like to introduce myself and tell you my problem.

 

I hope i am on the right forum etc....

My daughter lived in an apartment block and had her own parking space. She had a permit for this and used my hubby's van one day to move in some furniture. She parked in the bay and started to unload. upon her 2nd return, she had a parking ticket. There was no one around so couldn't explain that she did have a permit. I called the people involved (AS Securi-t ltd) and explained this to them and they told me to email them a copy of the permit and they would deal with it, which i duly did. I received another letter about a month later, stating that they required payment of £117.50 for the ticket! I called them again, logging the date and persons name, stating that i had already emailed the permit to them. They said they never received it, so asked me to send it again, which i did twice to be sure. (i copied and pasted the email address form their website) This morniing i have received a letter from Inland recovery,(a trading name of AS Securi-t) stating that the file has been passed to them and they will be acting to collect the unpaid fine plus charges of £80, so now it is £197.50!

 

I called them and they said, as the debt had been passed to them they could not alter anything on it and to phone AS Securi-t. I called them and was on the phone for almost 40 minutes arguing the case. they said they never got my emails, but suddenly got one today that i sent, but as it was, the ticket was issued correctly as there was no permit displayed, end of!

 

Now, i have read other threads about this sort of thing, and is it right that they can not really do much about this or do i need to start worrying?

As is is, it was not even my hubby who was driving the van, so can they continue with their claim?

kind regards

 

angi:mad:

[PKea]

Tell us your problem then

 

We're not mindreaders...lol

or at least I'm not

 

Paul

 

but i am a detective and i fould your problem here

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/99460-got-ticket-got-parking.html#post928200

[MARTIN3030]

Is it parking related ?

I will move it to the Parking forum

Tell us the story.......and Welcome to CAG !

[MARTIN3030]

Ok 2 threads merged.

[angiross]

:!:Sorry, couldn't fathom out how to post onto the right forum, thanks for helping.

below is the original message.

 

 

 

My daughter lived in an apartment block and had her own parking space. She had a permit for this and used my hubby's van one day to move in some furniture. She parked in the bay and started to unload. upon her 2nd return, she had a parking ticket. There was no one around so couldn't explain that she did have a permit. I called the people involved (AS Securi-t ltd) and explained this to them and they told me to email them a copy of the permit and they would deal with it, which i duly did. I received another letter about a month later, stating that they required payment of £117.50 for the ticket! I called them again, logging the date and persons name, stating that i had already emailed the permit to them. They said they never received it, so asked me to send it again, which i did twice to be sure. (i copied and pasted the email address form their website) This morniing i have received a letter from Inland recovery,(a trading name of AS Securi-t) stating that the file has been passed to them and they will be acting to collect the unpaid fine plus charges of £80, so now it is £197.50!

 

I called them and they said, as the debt had been passed to them they could not alter anything on it and to phone AS Securi-t. I called them and was on the phone for almost 40 minutes arguing the case. they said they never got my emails, but suddenly got one today that i sent, but as it was, the ticket was issued correctly as there was no permit displayed, end of!

 

Now, i have read other threads about this sort of thing, and is it right that they can not really do much about this or do i need to start worrying?

As is is, it was not even my hubby who was driving the van, so can they continue with their claim?

kind regards

 

angi:evil:

[Andy7807]

No, check out the sticky, link enlcosed, should help. Don't pay and don't panic if they send threatening letters about CCJ's etc, read some other threads about private car parking, you will see that no one on here has actually been as far as court yet...tells a story.

 

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

[diskmandave]

Good advise above.

 

Could I also point you in the direction of:

The OFT Debt collection guidance. Final guidance on unfair

business practices July 2003 (updated December 2006).

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

Their trading name debt collectors imho are breaching the above OFT guidance, as the name

"Inland Recovery" could be open to all sorts of legal mis-interpretation (shannanigins to the likes of us!).

 

False representation of authority and/or legal position:

2.3 Those contacting debtors must not be deceitful by

misrepresenting their authority and/or the correct legal position.

 

A trip to your local Tradings Standards would certainly not go amiss!

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

 

"Inland Recovery"

 

[angiross]

You guys are great, thanks. after reading lots of threads and have devised a letter to the Inland recovery people as follows.

please tell me your thoughts before i post it.

 

 

Inland Recovery

Suite 120

266 Banbury Road

Summertown

Oxford

OX2 7DL

 

Your Ref IR7/****

Parking Charge Notice V*****

 

Date 19th June 2007-06-20

 

 

Dear Mr Carter

 

In response to your recent letter re; the above notice, I must inform you that this matter is in dispute with AS Securi-t, and therefore, in the light of this information, I demand that you cease and desist any further harassment or attempt to demand money in respect of your invoice, with the exception of a written confirmation that you have ceased all action in respect of this matter

 

 

Regards

 

 

 

 

 

 

am i right in thinking that they are not allowed to contact me again?

 

 

 

thanks all.xx

[angiross]

I have also written this one to the parking company. Any feedback would be greatly appreciated.

many many thanks

angi

 

 

 

 

 

 

 

Date 19th June 2007

 

 

Dear AS Securi-t

 

Regarding the above notice I can tell you that I will not be paying it unless by order of a court, as, although I am the registered keeper of the van, I was not the driver at the time and I am aware that, under contract law any action to recover costs should be taken against the driver, as only the driver, not the registered keeper would have been party to any alleged contract. I would like full details of any contract that was struck between me and your company.

 

After various phone calls explaining the situation with no joy, I am very distressed by this situation and do not want any further contact from you at all. If you do contact me again (by any means) then I will be taking legal action against you for Harassment.

 

 

 

 

Regards

[Andy7807]

I'm not sure that they won't contact you again, if they keep on it can be classed as harassement, however, just be strong, I have written about 8 letters and rang twice, I haven't heard anything for a while, I'm just having a bit of fun now and seeing how far they take it. Be sure that unless they go to court and get them to agree there is a debt outstanding (which will be hard for them to prove), they cannot get bailiffs round or anything like that, so don't worry when other letters arrive telling you that your 'appeal' hasn't been allowed.

[angiross]

Thanks Andy7807

I will wait to see what they say now. Thanks for everyones help. I have passed this info onto all of my friends too, as their are loads of peeps out there who get these tickets.

 

Angi:rolleyes:

[mnaseer]

Hi Guys, Great Forum.. I have not had a chance to look at the parking tiket threads before anyway, i will just tell everyone my experience I was displaying a parking ticket when I went to visit my friend who lives in a block of flats in London Newbury Park! he gave me a temp pass and I displayed this in the windscreen internally. However when I came back out I did not notice any parking fines notice on the car, I came home and around 1 month later I recieved a bill from my AS SECURI T LTD asking me to pay £117.50 fo rbeing illegally parked. I replied and advised them I was displaying a valid visitors permit AND that if I wasn't why was I not notified by a parking notice first! they responded by saying my appeal has been rejected blah blah! they also stated they have evidence of me not displaying my Valid permit and will be willing to produce this in court!! however they can not show me this evidence due to DATA PROTECTION I found this so strange when I am the person the data is about and I am requesting this!! however they did not reply for another month and then sent me LETTER HEADED INLAND RECOVERY (trading name of AS SECURI T) adding a bill of £80 to the total and stating they will be sending someone to my premises! to discuss payment/legal proceedings, They have not answered any of my questions in the last letter such as: WHY A VALID NOTICE WAS NOT PUT ON THE VEHICLE ? WHY THEY CAN NOT PROVE TO ME IF I WAS NOT DISPLAYING A PERMIT? This is my first letter from INLAND RECOVERY WHICH IS OFCOURSE PART OF SECURI - T what do you think I should do now?

[Sidewinder]

Seems as though they are pi**ing in the wind. Unbelievable how people think that they can hide behind 'Data Protection' in order to try to make an argument. The DPA is completely irrelevent.

 

Write and tell them that you have already disputed the matter with AS Securi-T and in the absence of a response to your specific requests for evidence to suggest that any contravention occurred that you will not be either making payment or corresponding further on this matter.

 

You were displaying a valid Visitor's Permit, made no contractual agreement, either actual or implied, to pay their invoice, and have no intention of doing so unless and until it is demonstrated that the money is owed.

 

With regard to threats of sending a representative, this sounds like pure bullying, nevertheless there is an oft used statement used successfully by others which will fit the bill ideally:-

 

Please note that should you continue with your intention to visit my home with regard to this matter, there is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

You are more than entitled to tell them to go forth......

[princess_amy123]

Hey,

 

I also have had a fine from As-securi-t twice now... the first time i payed it and i have just recieved a letter from inland recovery stating i owe them £197.50 i have 14 days to pay this!! Has any one not payed and has gone as far as court?? would be great to hear advise... also need advise if any one has got money back from them as i have paid £87 before for a parking fine from them!!

 

Thank you

[Barnsley Boy]

There has been a deal of activity on this forum regarding a Private Parking company winning a case in court. However this is a very isolated case.

There are literally thousands of us who have been sent these invoices from the various PPCs, refused to pay and have found out that all the threats amount to nothing.

 

A properly defended case would be very difficult for the Parking Company to win, the truth is they wouldn't want to risk it.

[Barnsley Boy]

From Diskman Dave

"Their trading name debt collectors imho are breaching the above OFT guidance, as the name

"Inland Recovery" could be open to all sorts of legal mis-interpretation (shannanigins to the likes of us!)."

 

Wasn't there a parking company called "Metropolitan Parking" which got shut down - too similar to Metropolitan Police and using a similar logo.

 

I agree "Inland Revenue" simply too similar, causes all sorts of confusion.

[patrick601]

Inland Recovery - don't be bullied!

 

Writer has been successful in circa 50 private, small claim litigations, acting for himself, or as a 'Friend of the Court' for others. Touch wood he has not lost to date - December 2007.

 

To keep matters simple, Inland Recovery is a company contracted by property owners to enforce parking restrictions applied to their property.

 

Despite IR's pseudo-Inland Revenue letter heading, the company is not affiliated with any Government agency.

 

IR attempts to punch above its weight, and if you feel that you have been unfairly treated, or that you are being wrongfully penalised, indeed, face a fine from IR, your protection rests in the County Court system, and upon the fair, and impartial referreeing of a District Judge.

 

And, there are a few simple rules that you should follow if you are ticketed by IR.

 

1. Keep photocopies of every document for your own record.

 

2. Write to IR and demand a copy of the Contract they have with the particular land/property owner who has contracted them to act on the owner's behalf. (IR are obliged to send you this Contract if you request it, and remember your rights under THE FREEDOM OF INFORMATION ACT - which need not concern you at the present time).

 

3. DO NOT waste your valuable time and hard-earned money telephoning IR. The company is deaf to everyone, even those who have the most legitimate of complaints.

 

4. DONT BE INTIMIDATED BY WRITTEN DEMANDS WHICH MAY AMOUNT TO THREATS FROM IR. The company often threatens to send their representatives around to visit with you and discuss the fine IR has imposed upon you. You may write a polite letter to IR, copied and sent Recorded Delivery, stating: You will not entertain the firm's representatives, that if they do call, you will consider this as harassment and you ARE perfectly entitled to call the police if they attempt to pester you, and the police will have these people removed from your premises.

 

5. To legally enforce their claim, IR have to file a SMALL CLAIM in a County Court. The cost to them, under the recent fee restructure, is £108.00, to issue the Claim. You have to do nothing at this stage.

 

6. You will receive a copy of IR's Claim - and their evidence - from the County Court. Do not ignore it. The Claim will include a form for details of your defence. Do not be frightened to say exactly why you think you are in the right and why IR are in the wrong. Although Court staff are unable to give you legal advice, they will be only too pleased to assist you filling out the details of the form and you pay nothing to defend the case.

 

TIP: Make sure that you have received ALL of the evidence IR have against you, to include a photocopy of the ticket they issued against you (although you already have the ticket anyway ) A copy of the Contract between IR and the landowner which authorises IR to act on the landowner's behalf. In other words, get hold of as much documentary evidence as you can. Really, it is a walk in the park.

 

7. By now, IR should realise that they are on a hiding to nothing. You have become a 'determined litigant', someone who is not about being pushed around by a firm, of the sorts, the Civil Justice System, finds little favour with. I have been in similar positions in the past, oft-times with international companies, and I am never intimidated because I always truly believed that I was in the RIGHT and the Defendant was in the WRONG. I have NEVER LOST a CASE, even against a barrister.

 

8. Never forget that it is for IR to PROVE that you were in the wrong and the obligation is upon IR to satisfy a Distric Judge, in a private, very informal hearing (bit like chatting to your doctor) that they have a case. Even then, you may argue your case and present your mitigation (your reasons why you had to park where you did and under what circumstances).

 

9. Small Claim Track Hearings are cool. Wear smart dress, and address the judge firstly, as: 'If it pleases Your Honour' and you will gain favour from the outset. Always speak slowly and steadily so the judge can make notes. Do not argue with the Claimant and stay clam and collected, putting your case across in short, distinct points.

 

10: And this a brilliant tip. DON'T FORGET IT: If you receive a summons to appear at County Court, do NOT be sucked into having to travel to a Court of the Claimant's choosing. It is for them to come to a Court closest to you, and the Court staff will advise you how to make this application.

 

Summary: Guys and Gals who suffer at the hands of IR, no sweat, and if you do find yourselves in the mire and need help in launching a lifeboat, write to [email protected]

[patrick601]

INLAND RECOVERY- Addendum to above. remember, you can always recover your own costs in defending the action by IR and sue the landowner for any distress they have caused you by way of a NO FEE Counter Claim.

[petej2811]

Ladies and Gentlemen,

 

A S Securi-T Ltd do sue people.

 

That said, if it happens it is not the end of the world. I have dealt with them twice now in relation to court proceedings. They did not attend, indeed they did not even pay the court fees. If any of you should find yourselves being taken to court then please get in touch with me. My details are on the sticky at the top of the forum.

 

Regards,

 

PJ

[patrick601]

One of IR/AS Securi-t Ltd's tricks, which shows how UNPROFESSIONAL this outfit is, can no better be illustrated in their veiled threats when demanding recovery of 'debts'.

 

"If you are not the person who the letter is addressed to then you must (writers italics) return the letter and all enclosures of any back to the company immediately. It is is possible that sometimes debtors (not alleged debtors) do deny their identity and we therefore request you supply us of a current...........(and wait for this one for damned nerve).....a copy of a current ultility bill (e.g. gas/electric/landline telephone) or a current tenancy agreement in your name as proof of occupancy."

 

This outfit, and I use the term loosely, has somewhat come undone. And one might respectfully suggest that upon receiving such a demand, one tells this crowd to park their correspondence elsewhere.