Recived PCN by WM Parking

[MungoPL]

Hi,welcome all,

 

My name is Simon, I`m Polish. Please forgive me if I make any mistakes in writing. I was issued with a PCN by WJ Parking. The reason given is "No Ticket". There was a valid parking ticket in the car but must have been blown off the dashboard. I don`t know how it has happened but I found it later on car mat when I came back to the car. Then I saw PCN sticked to my windscreen. I attach pictures of PCN and valid parking ticket:

 

Now my question is, what should I do to avoid paying it? Should I send them a letter like this that I`ve found here on forum?

 

"I was issued a parking charge notice, while having a valid parking ticket in the car. I see your charge as unlawful, uneforceable and I am not liable. I will not be providing any payment and your continued pursuit of this matter will constitute an offence under the Protection From Harassment Act 1997. I consider the matter closed and am explicitly instructing you not to contact me again for any reason."

 

Any help and guidelines will be appreciated. Thank You.

[green_and_mean]

I had to laugh at the bit on the ticket that says queries or appeals will not be dealt with without payment, lol.

[patdavies]

MungoPL,

 

Do not bother responding at this time - wait until they contact you

[jampot]

The ticket clearly states 'Place ticket on dashboard this side up'

 

It makes no reference to having to keep it there.

[MungoPL]

Thanks for replying. So what would you suggest to do? I`ll wait for them to write to me, but what next?

[patdavies]

Thanks for replying. So what would you suggest to do? I`ll wait for them to write to me, but what next?

 

When (or if) they write to you, post back here and we'll draft a letter for you to send them.

 

Meantime, read the sticky at the top of the threads - it explains private tickets in full.

[MungoPL]

I recived NTO today. As you instructed me, i`m posting back what they wrote to me. I`d be grateful if you can help me with next step.

 

Big Thanks!

[Zamzara]

Since you had a contract and they accepted £1.50 to park, there can be no argument that this is a penalty for breach of contract, and therefore unenforceable.

 

It might be worth initially sending a copy of the ticket (keep the original) and asking them to drop the matter as you did pay for a ticket. This gives them a chance to be reasonable. If not you can ignore any bluff tactics such as debt collection threats, it's all meaningless as they have no power, and they know they would have no chance in court.

 

Some people prefer to reply saying just that as registered keeper they are not responsible, which is another option to consider.

[RichardM]

Nice way to con people into declaring they were the driver in section B as well.

 

"I was the registered owner of the vehicle concerned when it was left in the car parking space".

 

Drivers signature.................

 

How many people have signed this as the owner of the vehicle and it has been used as an admitance that they were the driver.

[MungoPL]

Thanks for replying!

So to sum up what would You suggest best to do? Can you write for me a template of a letter that i should sent them (not a polite one, rather something stronger). That`s because I speak english well, I write quite well, but I don`t think I`d be able to write something like a formal letter of complaint. Could You help?

[Steve__M]

In the past they seem to ignore anything other than payment, so save your effort - they've heard it all before and they probably throw it in the bin if there isn't a payment attached. They don't deserve any respect because they're a major clamper in Exeter. I'd suggest:

 

Your ref 3469534

 

Your "ticket" states that you will not deal with queries without prior

payment. Unless you change your stance my only option is to advise

that you minimise your costs by proceeding immediately to court action.

 

A valid ticket was purchased by the driver (copy enclosed) and

any contract is with the driver. Therefore, I will successfully defend the

claim and ask for all costs, including mine, to be awarded against you

based on your behaviour.

 

I will not respond to further invoices sent by you or any "debt

collectors", or to requests for information. Such invoices, sent

without evidence of your claim, may be illegal and I may issue

proceedings of my own.

 

 

Rather than pay for registered post, you could use normal post, but send a copy

by email to contact AT wjparking.com and copy it to yourself. That way they cannot

claim not to have received it.

[MungoPL]

I`ve send them letter on wednesday with Recorded Special Delivery. We`ll see if they write something in reply...

[nutegunray]

If they reject your appeal for whatever reason send all future letters back to them using their freepost envelopes. They'll get the point sooner or later and will either get fed-up, or make a county court claim aginst you, in which case you'll have the opportunity to see them humiliated in court when they try to justify their unlawful penalty charges.

[MungoPL]

Hi again!

On saturday I recived letter from debt collecting agency. I'm starting to get fed up with all of this. Could you advise me what to do next?

 

Thank You!

 

Simon

[nutegunray]

Do you own a shredder? If so, the shreds make excellent bedding for small animals such as gerbils or hamsters. I prefer sending the letter back blank using their own freepost envelopes.

[Bernie_the_Bolt]

Do you own a shredder? If so, the shreds make excellent bedding for small animals such as gerbils or hamsters. I prefer sending the letter back blank using their own freepost envelopes.

 

This is not going to help in the highly unlikely event that the original letter is required to be produced in court.

 

My response would be to write back as follows:

 

Dear Sirs:

 

Re: [insert Ref No]

 

Thank you for your letter of [date].

 

You have written to me as the registered keeper, however you need to take this matter up with the driver of the vehicle.

 

Should you seek to claim that liability attaches to me as registered keeper of the vehicle, then please cite relevant authority for this (judicial precedent and/or statute).

 

Even if (which I do not concede) liability does attach to the keeper, I do not agree that any amount or the amounts you are claiming are due to you are in fact lawfully due to you.

 

In the event that you are unable or unwilling to cite the relevant authority as referred to above I shall be unable to enter into any further correspondence with you an this matter (which may also constitute harassment) and this purported debt shall remain in dispute.

 

Yours faithfully

[TaxedAndConfused]

Mungo - edit the pictures to remove your details, in case the clowns read this.

[nutegunray]

This is not going to help in the highly unlikely event that the original letter is required to be produced in court.

 

My response would be to write back as follows:

 

The original letter will just be some template used on everyone else in the OP's situation, they wont take any notice of any letters sent to them unless they contain the payment details, that is all they are interested in. They'll take your letter, no matter how powerfully eloquent the wording of it is, and toss it in the bin next to all the others. All they want is for you fill in that little giro slip so they can close your file and continue harassing everyone else on their database. Everyone is guilty, this is their only source of income so it doesn't pay to be understanding in the slightest towards any excuse you want to make. Ignore everything that arrives on your doormat from them. It will take them a long while to give up, but how easy is it for them to print off a batch of these letters and mail them to you at monthly intervals. Even if 1 in 100 people payed the fine it would still be worth them doing it. Dont pay, dont panic.

[Bernie_the_Bolt]

The original letter will just be some template used on everyone else in the OP's situation, they wont take any notice of any letters sent to them unless they contain the payment details, that is all they are interested in. They'll take your letter, no matter how powerfully eloquent the wording of it is, and toss it in the bin next to all the others. All they want is for you fill in that little giro slip so they can close your file and continue harassing everyone else on their database. Everyone is guilty, this is their only source of income so it doesn't pay to be understanding in the slightest towards any excuse you want to make. Ignore everything that arrives on your doormat from them. It will take them a long while to give up, but how easy is it for them to print off a batch of these letters and mail them to you at monthly intervals. Even if 1 in 100 people payed the fine it would still be worth them doing it. Dont pay, dont panic.

 

I don't disagree with what you say.

 

I just happen to think that in the highly unlikely event that they do go to court it will help your case hugely if, at an early stage, you have denied liability, asked them for proof of alleged liability, stated that if they do not provide that proof you will not correspond with them.

 

This will also assist should you later wish to complain and or report them for harassment.

 

In short, nothing to lose and everything to gain.

 

What I absoloutely do not advocate is attempting to plead mitigation or to engage in dialogue with them (other than as described above).