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smittenkitten
14-04-2008, 5:15 PM
Hi all

sorry about the title spelling mistake I was typing in such a hurry - will now write it out 100 x as punishment xxxx

any helps on this much appreciated......

Hubbie was delivering in a van to a hospital - items they had ordered, he parked outside in one of the parking bays -(not marked for ambulance only etc) and took the items into the relevant department.

In the meantime a jobsworth from another department had called the parking control people for the hospital, and once my hubbie came out started having a go at him for not telling (her) Reception he was parking and what for -

He has been delivering to this hospital for years and knew of no such policy.

Anyway he went off on his way and now we have a letter from a collection agent asking for payment of a fine at this particular site - he never received a ticket in the first place the jobsworth had taken his details down.

So we have been phoning to find out about this fine and no one knows anything about it or is willing to say what information they have on it.

therefore do we have a case not to pay it - as we have never been issued a ticket in the first place. - who do we say we want to appeal to no one knows when we phoned!!!

xxx

Doozergirl
14-04-2008, 5:47 PM
I would go to www.pepipoo.com (http://www.pepipoo.com). If you have a scanned copy or photo of his ticket and this enforcement letter they will help you but even if you don't, I suspect the wording will help anyway.

However, using a collection agent makes it sounds a bit like it was a private firm, in which case the ticket cannot legally be enforced and you simply ignore it!

Iamthesmartestmanalive
14-04-2008, 6:26 PM
I would go to www.pepipoo.com (http://www.pepipoo.com). If you have a scanned copy or photo of his ticket and this enforcement letter they will help you but even if you don't, I suspect the wording will help anyway.

However, using a collection agent makes it sounds a bit like it was a private firm, in which case the ticket cannot legally be enforced and you simply ignore it!


firstly its your husbands responsibility to know the parking regs, this is an invoice and im sure you could probably legally fight it in court, however beware if its a regular job at the hospital it may be cheaper to pay the fine than risk the loss of a contract or the likes

Also is your husband self employed, or employed by a company?

Alias_Omega
14-04-2008, 7:15 PM
sounds to me like its not a fine, as only the council / police can issue real parking tickets that are 'fines'.

sounds to be like an 'an invoice for parking in a no parking zone' where they try to trick you to pay up, but the words of 'fine', 'court action' etc.

The sad bit is that they paid £3.50 to the DVLA for the info.

first off, dont pay it & join that forum, and post it there, these are the experts.

Alias_Omega
14-04-2008, 7:18 PM
Check this out.. -

http://forums.pepipoo.com/index.php?autocom=ibwiki&cmd=article&id=56

extract from it..

The Private Parking Company (PPC) must make the terms clear to the user of the car park. Therefore they are obliged to place ample and appropriate signage about the car park to make those persons using the facilities aware of the terms. The signs must be clear and unambiguous and it cannot be obscured, faded, covered up or in any way difficult or impossible to read and understand. Often times those terms will include a provision that if you over stay you will be penalised to the tune of £50, £70 or whatever. They may also include a clause on clamping (I will not be dealing with the issue of clamping in this article). These signs are usually displayed at the pay stations (for pay and display) and for other car parks at the entrance and at intervals about the land. If the car park is improperly signed then immediately the PPC will be in difficulty. Thus when the driver parks the vehicle in the car park and pays or otherwise he accepts by way of his actions and a contract is formed between he and the owner of the land.

ONLY THE DRIVER AND THE OWNER OF THE LAND ARE A PARTY TO THE CONTRACT UNLESS THE PARKING COMPANY ACTS AS THEIR AGENT

Therefore should you receive an INVOICE from a PPC as the keeper of a vehicle and you do not know who was driving, I suggest you tell them this and tell them not to contact you again. You are under no obligation whatsoever to provide any information to the PPC. Refuse to do so.

Alias_Omega
14-04-2008, 7:22 PM
The big thing is the postal address. If its the local council then its true, if its a PO Box ??? then read this for example..

http://forums.pepipoo.com/index.php?showtopic=28732

was the postal address a P O Box ? P.O. Box 597 maybe ? ?

If so this is just a PPC scam - ignore them.

or is the payment address a Council Office ? (sounds VERY unlikely)

they claim to be licenced by the OFT so scan and wash your invoice and follow on letters from them and lets see whats what.

Doozergirl
14-04-2008, 7:29 PM
firstly its your husbands responsibility to know the parking regs, this is an invoice and im sure you could probably legally fight it in court, however beware if its a regular job at the hospital it may be cheaper to pay the fine than risk the loss of a contract or the likes

Also is your husband self employed, or employed by a company?

If you are delivering something to a hospital it's likely the firm delivering was hired by the people doing the sending, not the receiving.

Even if it is the hospital having a 'delivery contract' do you think the same person who deals with 'delivery contracts' issues parking tickets? Perhaps they perform the occassional bit of heart by-pass surgery as well? :confused: Would they really care even if it were the same person? You'd have to be a spectacular jobsworth.

Also, it doesn't go to court if it is issued by a private company. The tickets are legally unenforceable! If they do go to court, they are thrown out by the judge. The advice on pepipoo is to ignore, ignore, ignore. (if indeed it is one of these unenforcable tickets)

www.pepipoo.com (http://www.pepipoo.com)

Iamthesmartestmanalive
14-04-2008, 7:34 PM
If you are delivering something to a hospital it's likely the firm delivering was hired by the people doing the sending, not the receiving.

Even if it is the hospital having a 'delivery contract' do you think the same person who deals with 'delivery contracts' issues parking tickets? Perhaps they perform the occassional bit of heart by-pass surgery as well? :confused: Would they really care even if it were the same person? You'd have to be a spectacular jobsworth.


hmm your missing the point

Say your husband is hired to deliver medical supplies, you can guarentee when your husband drags the people to court the property manager or equivalent will pay note and very likely report back to someone with the power to cause your husband or his employer if applicable a lot of hassle and possible financial implications therefore I would be inclined to pay it

Not because its legally binding but because its his own fault and the alternative may be far more costly

For example if the contract is his or his employers most profitable or brings them a decent amount of business it may suit to keep the trust or whoever on side as opposed to causing expensive hassle for which someone may feel a bit vengeful for

As Ive said it probably isnt legally binding but it could be far more hassle than £30 if you choose to fight it

Alias_Omega
14-04-2008, 7:38 PM
If its a Private Parking Company (PPC) fine, then you just ignore the f*cker and they go away.

Doozergirl
14-04-2008, 7:46 PM
hmm your missing the point

Say your husband is hired to deliver medical supplies, you can guarentee when your husband drags the people to court the property manager or equivalent will pay note and very likely report back to someone with the power to cause your husband or his employer if applicable a lot of hassle and possible financial implications therefore I would be inclined to pay it

No, You're missing the point.

There is no court case. If you ignore them, they go away.

They know that they are ripping you off. They prey on the insecurities of people like you who will pay up.

They are not the property manager for the NHS, they are a private firm who have no right to take that money from you.

I suggest that anyone with a job concentrates on what they are paid to do instead of instigating the screwing of an entire company contract because one bloke delivering something parked in the wrong place because there were no clearly marked signs and got totally ripped off. Talk about an overreaction.

You should probably take a read through the pepipoo forum yourself and chill out a bit in general :cool: Not everyone is out to get you.

Iamthesmartestmanalive
14-04-2008, 7:52 PM
No, You're missing the point.

There is no court case. If you ignore them, they go away.

They know that they are ripping you off. They prey on the insecurities of people like you who will pay up.

They are not the property manager for the NHS, they are a private firm who have no right to take that money from you.

I suggest that anyone with a job concentrates on what they are paid to do instead of instigating the screwing of an entire company contract because one bloke delivering something parked in the wrong place because there were no clearly marked signs and got totally ripped off. Talk about an overreaction.

You should probably take a read through the pepipoo forum yourself and chill out a bit in general :cool: Not everyone is out to get you.


No they dont always go away, they could if they want take you to court for breach of contract and their expenses, they could hire bailiffs etc

Ignoring it will just lead to you waking up one morning to the car/van being clamped or the likes

You either need to pay or get it waived

And this private firm didnt just show up, they were hired by the Hospital and im sure they will report back on people who cause hassle

Tbh I dont really care what pepipoo say im simply stating that if you dont pay it could cause your husband and his employers if applicable hassle which may in turn have a knock on effect financially

Alias_Omega
14-04-2008, 8:03 PM
It would appear that today, in this post your are clearly not the smartestmanalive. I would admit defeat in this one, many people have been through this, and hence the section of that forum.

If you feel that you may know greater than those within that forum, i suggest that you register on there site and show your opinions about this whole matter, and again im suer they will put your right on this subject.

My only advice to the OP is for your husband to inform his 'boss' about this clause, the way its carried out and that it may save them some cash in the future.

The key give away would be the reply address, if its a local address them im afraid its true, if its a PO BOX address, then file it in the BIN, or even better file a complaint to trading standards about the way you have been handled.

There has been once case that went to court, it was a mcdonalds that was governed by a PPC which when it went to court, the defendant won the case. This is again on the website mentioned above.

Thanks for reading.

AgentOrange

Alias_Omega
14-04-2008, 8:05 PM
On another note.. if you really feel that you are still clearly in the right, then please spend 30mins over a cup of tea reading this post by the admin staff in the forum. This clearly explains the Road Traffic Act and where it all fits into place.

http://forums.pepipoo.com/index.php?autocom=ibwiki&cmd=article&id=56

Regards again,

AgentOrange

Alias_Omega
15-04-2008, 9:26 AM
if your bored, take a look at this case...

Judge quashes £300 parking fine...because it set out to ‘frighten and intimidate’ driver


http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=542355&in_page_id=1770