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  • FIRST POST
    • torontoboy45
    • By torontoboy45 3rd Oct 17, 12:35 PM
    • 1,017Posts
    • 2,123Thanks
    torontoboy45
    Some people just don't take the advice...
    • #1
    • 3rd Oct 17, 12:35 PM
    Some people just don't take the advice... 3rd Oct 17 at 12:35 PM
    My wife's friend landed herself a 'ticket' back in June '17.

    Shopping centre car park owned by Northampton borough council and 'managed' by Smart Parking. 2hrs free. Overstayed by 30 mins. No signage issues. NTK through the post.

    Her reaction was typical: confusion followed by panic by worry.

    While I'm not expert, I lurk on this board quite regularly, so I felt qualified enough to explain the basics and point her in this direction.

    Now this is where it gets silly. She did nothing. Squat. Zilch. Diddley. Ignored everything posted to her.

    She received an LBCC from SCS on sept 29 (beating the oct 1 changes) and now she's in meltdown.

    Her own inertia is not going to look good if this ever gets in front of a judge. Meanwhile, SCS has informed her that they 'do not consider this matter is suitable for ADR', which might indicate that they see this one as a slam-dunk at CC.

    She's got herself into this mess - I'm guessing someone misled her into 'ignore' mode - and, frankly, I've got little sympathy for people who ask for proper advice, then blithely dispense with it. But she's my wife's friend, so I've called by to ask the crew on here what they think should be her next move.

    Thanks for looking.
Page 1
    • Redx
    • By Redx 3rd Oct 17, 12:39 PM
    • 16,938 Posts
    • 21,078 Thanks
    Redx
    • #2
    • 3rd Oct 17, 12:39 PM
    • #2
    • 3rd Oct 17, 12:39 PM
    a rebuttal as seen in post #2 of the NEWBIES sticky thread
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • IamEmanresu
    • By IamEmanresu 3rd Oct 17, 12:45 PM
    • 1,820 Posts
    • 3,218 Thanks
    IamEmanresu
    • #3
    • 3rd Oct 17, 12:45 PM
    • #3
    • 3rd Oct 17, 12:45 PM
    Which car park is this?
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • torontoboy45
    • By torontoboy45 3rd Oct 17, 1:11 PM
    • 1,017 Posts
    • 2,123 Thanks
    torontoboy45
    • #4
    • 3rd Oct 17, 1:11 PM
    • #4
    • 3rd Oct 17, 1:11 PM
    Which car park is this?
    Originally posted by IamEmanresu
    Interesting question. Is exact location important?
    • Half_way
    • By Half_way 3rd Oct 17, 1:14 PM
    • 3,882 Posts
    • 5,467 Thanks
    Half_way
    • #5
    • 3rd Oct 17, 1:14 PM
    • #5
    • 3rd Oct 17, 1:14 PM
    the location may be important, a council car park using a private parking company can have implications that can be of use to you/your wife.
    For starters not relevant land is one of many possibilities that can work in your favor
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • torontoboy45
    • By torontoboy45 3rd Oct 17, 1:20 PM
    • 1,017 Posts
    • 2,123 Thanks
    torontoboy45
    • #6
    • 3rd Oct 17, 1:20 PM
    • #6
    • 3rd Oct 17, 1:20 PM
    The exact location: kingsthorpe shopping centre, harborough road, Northampton.
    • Coupon-mad
    • By Coupon-mad 3rd Oct 17, 5:15 PM
    • 51,898 Posts
    • 65,542 Thanks
    Coupon-mad
    • #7
    • 3rd Oct 17, 5:15 PM
    • #7
    • 3rd Oct 17, 5:15 PM
    IamEmanresu can be trusted and knows about lots of sites. I expect he's interested because you said it's Council-owned. Council car parks cannot be operated 'as if they are private land':

    http://www.bexley-is-bonkers.co.uk/documents/parking/tma_warning.pdf

    But the current (new pre-action Protocol) way we recommend to respond to an LBCCC is as per the NEWBIES thread post #2, where I've just added a link to Daniel san's thread and his letter he finished drafting yesterday - also in reaction to a September LBCCC - they can't get away with it that easily!

    Basically the victim should write in that style, requiring all the things in the new Protocol that they are entitled to ask for, and in particular add some wording asking how on earth Smart Parking believe they can hold a keeper liable on land owned by a Council 'under statutory control' = not relevant land. And if the Claimant believes it is relevant land they must show that the Council are not the owners.

    The point is, it's perfectly reasonable to ask a solicitor sending such a threatogram, to play nicely instead and put proceedings on hold and supply the required information and offer an ADR in accordance with the new Protocol, and if they don't, she'll report them to the SRA (with your help).

    She should not say who was driving (as always) and should finish by saying she'll accept a POPLA code along with the information required, since POPLA is the most suitable bespoke ADR.

    She would then win at POPLA as long as you trust her NOT to say who was driving in her ad-hoc words!
    Last edited by Coupon-mad; 03-10-2017 at 5:18 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • The Deep
    • By The Deep 3rd Oct 17, 5:35 PM
    • 7,432 Posts
    • 6,484 Thanks
    The Deep
    • #8
    • 3rd Oct 17, 5:35 PM
    • #8
    • 3rd Oct 17, 5:35 PM
    Bloody good post CM.
    You never know how far you can go until you go too far.
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