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  • FIRST POST
    • Nv187
    • By Nv187 22nd Jul 16, 12:15 PM
    • 9Posts
    • 2Thanks
    Nv187
    Comprehensive Management Services Ltd - Paid fine, but still being chased
    • #1
    • 22nd Jul 16, 12:15 PM
    Comprehensive Management Services Ltd - Paid fine, but still being chased 22nd Jul 16 at 12:15 PM
    Hi,

    I've read through various threads but not come across a similar situation to mine; please can someone advise.

    I parked in a private car park where I park every day for work, my ticket flipped upside down so I came back to a PCN for 'no valid ticket displayed'. Due to personal circumstances at the moment I thought it would just be easier to pay the reduced rate of £60 and wash my hands of the matter. Stupid of me, I know. PCN was received on 02/06/2016, payment posted first class on 15/06/2016.

    The payment of £60 plus a 45p card surcharge, was deducted from my bank account on 21/06/2016.

    I have received a Notice to Keeper dated 13/07/3016 specifying the PCN details and stating that payment has not been received. With the reduced rate period now passed, the balance of £124 is payable in full.

    I submitted a copy of the payment deduction print out online and stated that, as full payment has been made within the reduced rate period, no further correspondence will be entertained by either the driver or the registered keeper.

    I have now received a further letter from ZZPS stating an online appeal was updated on the system on 16/07/2016, however as there was no name or attachment on the appeal they are unable to process it. If they don't receive anything by 02/08/2016, my account will be left to progress.

    I know I haven't followed the best course of action and really should not have paid in the first place, but I'd really appreciate some advice on what I can do going forward as I'm totally at a loss at the moment.
Page 1
    • Quentin
    • By Quentin 22nd Jul 16, 12:20 PM
    • 30,259 Posts
    • 14,346 Thanks
    Quentin
    • #2
    • 22nd Jul 16, 12:20 PM
    • #2
    • 22nd Jul 16, 12:20 PM
    You can ignore debt collectors or you could write one more letter denying the debt and enclosing the proof you paid it.

    Then ignore everything unless it's court action.
    Last edited by Quentin; 22-07-2016 at 12:23 PM.
    • Coupon-mad
    • By Coupon-mad 22nd Jul 16, 12:34 PM
    • 40,470 Posts
    • 52,376 Thanks
    Coupon-mad
    • #3
    • 22nd Jul 16, 12:34 PM
    • #3
    • 22nd Jul 16, 12:34 PM
    Your case is exactly like Wheaty110's just the other day:

    http://forums.moneysavingexpert.com/showthread.php?t=5495958

    Neither of you should have paid in the first place so start ignoring this and read the advice already on that thread.

    HTH
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Half_way
    • By Half_way 22nd Jul 16, 2:27 PM
    • 2,948 Posts
    • 3,943 Thanks
    Half_way
    • #4
    • 22nd Jul 16, 2:27 PM
    • #4
    • 22nd Jul 16, 2:27 PM
    The golden rule is do not pay a Private parking companies over blown charges, if you do then they will have you marked down as a mug and/or someone that is easily parted with their cash.
    What happens next is that the PPCs will say something along the lines of reduced period passed, you now owe us the full amount of £ridiculous .

    And as those who pay without questioning will often be scared enough to pay the next fee upon the receipt of the next batch of scary letters in blue or red ink it can be quite profitable, and all of this money goes on to help further the private parking industry with their own nefarious deeds.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • The Deep
    • By The Deep 22nd Jul 16, 2:47 PM
    • 5,561 Posts
    • 4,272 Thanks
    The Deep
    • #5
    • 22nd Jul 16, 2:47 PM
    • #5
    • 22nd Jul 16, 2:47 PM
    letters of complaint to the BPA and Trading Standards would not be inappropriate.
    • fisherjim
    • By fisherjim 22nd Jul 16, 3:21 PM
    • 1,719 Posts
    • 2,368 Thanks
    fisherjim
    • #6
    • 22nd Jul 16, 3:21 PM
    • #6
    • 22nd Jul 16, 3:21 PM
    Being the bolshy type I am I would beg the Muppets to take me to court, armed with the bank receipt, but I understand some are not like that.
    But it shows what a useless bunch of greedy, disorganized (or is it knowingly fraudulent) scammers these PPC's are!
    To quote the words of the great Count Arthur Strong "You Couldn't make it up"
    • Herzlos
    • By Herzlos 22nd Jul 16, 4:00 PM
    • 4,072 Posts
    • 3,553 Thanks
    Herzlos
    • #7
    • 22nd Jul 16, 4:00 PM
    • #7
    • 22nd Jul 16, 4:00 PM
    Being more Bolshy I'd issue the Muppets with a Letter Before Claim to give you your money back, and then file an MCOL. You'd get your money back, their harassment of you would be cut short.
    • Nv187
    • By Nv187 22nd Jul 16, 5:04 PM
    • 9 Posts
    • 2 Thanks
    Nv187
    • #8
    • 22nd Jul 16, 5:04 PM
    • #8
    • 22nd Jul 16, 5:04 PM
    You can ignore debt collectors or you could write one more letter denying the debt and enclosing the proof you paid it.

    Then ignore everything unless it's court action.
    Originally posted by Quentin
    I'm half tempted to write a final letter showing I've paid it, but I can now gather it probably won't make a difference.
    • Nv187
    • By Nv187 22nd Jul 16, 5:05 PM
    • 9 Posts
    • 2 Thanks
    Nv187
    • #9
    • 22nd Jul 16, 5:05 PM
    • #9
    • 22nd Jul 16, 5:05 PM
    Being more Bolshy I'd issue the Muppets with a Letter Before Claim to give you your money back, and then file an MCOL. You'd get your money back, their harassment of you would be cut short.
    Originally posted by Herzlos
    On what grounds could I claim? Surely making the payment in the first place could be classed as a potential admission of liability?
    • Half_way
    • By Half_way 22nd Jul 16, 6:08 PM
    • 2,948 Posts
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    Half_way
    You could/should also go for the car park owner ( if practical) the grounds could be that you were miss lead into paying under the belief that the parking company had a legitimate claim to your money.
    You have effectively been conned/mugged into paying
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • Quentin
    • By Quentin 22nd Jul 16, 6:18 PM
    • 30,259 Posts
    • 14,346 Thanks
    Quentin
    I'm half tempted to write a final letter showing I've paid it, but I can now gather it probably won't make a difference.
    Originally posted by Nv187
    It probably won't. Normally you should ignore debt collectors completely


    But there is just a chance it gets to someone with enough to realise chasing you is a lost cause (and means lost money to them if they continue to chase you) and they kill it.


    This would stop you getting (perhaps) 6 years of irritation from them pursuing you.
    • Herzlos
    • By Herzlos 23rd Jul 16, 8:52 PM
    • 4,072 Posts
    • 3,553 Thanks
    Herzlos
    On what grounds could I claim? Surely making the payment in the first place could be classed as a potential admission of liability?
    Originally posted by Nv187
    You could claim that you paid in order to minimize your losses, with the plan of recouping the costs after researching it. I'm assuming this happened recently?

    If it happened a while ago, you can claim that you realized that you were decieved into paying up, and that the invoice was completely invalid.
    • Nv187
    • By Nv187 8th Oct 16, 6:25 AM
    • 9 Posts
    • 2 Thanks
    Nv187
    I have now received a 'Letter Before Claim' for the above, which I understand from reading various threads I need to respond to. Is this where I now write a 'debt denied' letter or The Practice Direction one?

    How much depth do I need to go into in this whole process, seeing as I have already paid the initial fine?

    The payment was deducted from my bank account by CMS Ltd in June, soon after I had posted it, which implies to me they accepted my payment and nothing further is due.

    Thanks
    • IamEmanresu
    • By IamEmanresu 8th Oct 16, 7:33 AM
    • 981 Posts
    • 1,720 Thanks
    IamEmanresu
    The Practice Direction one?
    Send a Part 18 in response. Search for the wording.

    At this stage you want to push back. They are looking for soft touches so you'll have to play the game if you want to stop it escalating.
    General Election coming up? Your MP worried about his/her job? Give them something to do and get them to sort out these parking cowboys. Search "Theyworkforyou" for the name of your MP.
    • The Slithy Tove
    • By The Slithy Tove 8th Oct 16, 8:33 AM
    • 3,095 Posts
    • 4,386 Thanks
    The Slithy Tove
    I have now received a 'Letter Before Claim' for the above, which I understand from reading various threads I need to respond to.
    Originally posted by Nv187
    How much is the claim for, and what is the breakdown of the sums owed? If they haven't deducted the £60 you've already paid, then they are in serious problems with their claim, which is bordering on the criminal.
    • Nv187
    • By Nv187 8th Oct 16, 11:14 AM
    • 9 Posts
    • 2 Thanks
    Nv187
    Send a Part 18 in response. Search for the wording.

    At this stage you want to push back. They are looking for soft touches so you'll have to play the game if you want to stop it escalating.
    Originally posted by IamEmanresu

    Thank you, I will try and muster something together and get it sent out. I presume it's worth reminding them I'd already paid?
    • Nv187
    • By Nv187 8th Oct 16, 11:19 AM
    • 9 Posts
    • 2 Thanks
    Nv187
    How much is the claim for, and what is the breakdown of the sums owed? If they haven't deducted the £60 you've already paid, then they are in serious problems with their claim, which is bordering on the criminal.
    Originally posted by The Slithy Tove
    The claim initially went from £60 to £124 when it was with ZZPS; they have been basing their correspondence on the fact that 'no payment has been received'. At some point more money was added on and it's now £208 - again, no reference to my initial payment. No breakdown has been provided. Should I include this in my letter?

    The current 'Letter before claim' looks no different and contains no more information than their previous debt collector letters, other than the fact I have 14 days to respond before they progress with taking proceedings.
    • thetriggerhappypwner
    • By thetriggerhappypwner 8th Oct 16, 11:38 AM
    • 200 Posts
    • 78 Thanks
    thetriggerhappypwner
    This is not legal advice, so please do not interpret as such, I am not legally trained.

    Here's a thought: If this PPC keep writing, what are often threatening letters to the OP, don't they commit an offence under the Protection From Harassment Act 1997 section 1.(a) and possibly (b)?

    I base this off that the OP has already paid (when he should not have by his own admission. No insult intended here).

    Just my 2 cents.
    • Castle
    • By Castle 8th Oct 16, 12:16 PM
    • 1,063 Posts
    • 1,318 Thanks
    Castle
    And my "2 cents" would be to bring a claim under the misleading and aggressive rights act for the original £60 plus additional damages for distress and inconvenience since that date:-

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/409334/bis-14-1030-misleading-and-aggressive-selling-rights-consumer-protection-amendment-regulations-2014-guidance.pdf

    The Civil recovery example on pages 18 and 19 will seem to fit the original £60 payment in June 2016.
    • Nv187
    • By Nv187 10th Oct 16, 7:41 AM
    • 9 Posts
    • 2 Thanks
    Nv187
    So I was in said car park again this morning (I use it daily for work). I've noticed the sign next to the payment machine which states a parking charge notice is £100, reduced to £55 if paid within 14 days - as opposed to the notice I was issued with at £100, reduced to £60 if paid within 14 days.

    As this potentially makes my invoice invalid in the first place, is MCOL a potential route? If so, should this be taken up directly with the landowner or with CMS Ltd?

    I will be drafting my part 18 request tonight - is this something I need to include within my letter?

    Sorry for the somewhat naive questions, but I haven't been able to find much on the forum for someone who has not only paid and continues to be chased, but has actually paid an amount that wasn't due in the first place.

    Any help greatly appreciated.
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