Private Parking Tickets discussion

Startoby

Please accept my apologies for posting this on the wrong thread but I can't seem to find anything appropriate so I am hoping someone can point me in the right direction. My problem is with the DVLA. My daughter sold her car last July and sent all the appropriate papers including the new buyer's signature, name and address to the DVLA last August. She has since received correspondence from the DVLA saying that she disposed of the car illegally and they are demanding a £35 fine to be paid within 2 weeks of Christmas Eve. She has written several times confirming that she sent all the documents in August and enclosing photocopies of everything she sent them. They say they have not received them and that it was her responsibility to chase the DVLA if she had not received acknowledgment within 4 weeks. Does anyone have any advice and once again my apologies for positing this here.

robredz

Startoby wrote: »

Please accept my apologies for posting this on the wrong thread but I can't seem to find anything appropriate so I am hoping someone can point me in the right direction. My problem is with the DVLA. My daughter sold her car last July and sent all the appropriate papers including the new buyer's signature, name and address to the DVLA last August. She has since received correspondence from the DVLA saying that she disposed of the car illegally and they are demanding a £35 fine to be paid within 2 weeks of Christmas Eve. She has written several times confirming that she sent all the documents in August and enclosing photocopies of everything she sent them. They say they have not received them and that it was her responsibility to chase the DVLA if she had not received acknowledgment within 4 weeks. Does anyone have any advice and once again my apologies for positing this here.

get over to CAG,

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?140-DVLA


and pepipoo for advice

http://forums.pepipoo.com/index.php?act=idx

You will have to register on both sites however

peter_the_piper

There has been a court case recently where the dvla were castigated by a judge for just this sort of thing. When they send anything to you its deemed to have arrived so the same applies to them . I assume your daughter has a certificate of posting for the original papers so this is all she needs. Its not necessary for her to check if they have arrived.
I'm at a loss to understand how you dispose of a car illegally, you either sell it or you don't. As long as she has copies of everything then they are just trying it on.
Someone else should be able to give further advice on the legality of things. I also suggest a post on pepipoo.com may give you wider options, they are very good. Bear in mind its the xmas holidays so don't expect instant replies.

robredz

The judges have spanked the DVLA several times for alleging the RK breached a "Legal Duty" (that is non existent) by not contacting them after 4 weeks, in order to ground their charge of £80.

The DVLA make it up as they go along, quite oblivious of the will of parliament, and the interpretation of judges. They think the are..... Judge Dredd. as in We are DVLA We Are The Law...............

bromsgrovebarry

Oh i can hear DVLA muttering 'The Data Protection Act is only for the little people'. Its about time this outfit was taught a lesson.

HopefulB

I'm new to this, and hope I am posting this query in the correct way.
My husband parked in a "disabled" bay at our local Curry's electrical shop. He forgot to display his badge, and found a ticket from CMS UK of Lytham St Annes on his car when he returned a short time later.

Do you recommend that he sends a photocopy of his badge to prove that he was entitled to park there, or just to completely ignore all correspondence. He is supposed to pay £50, increasing to £80 after 14 days. That's a lot of money to 2 pensioners for a moment's inattention by a man of 77. I caught him writing the cheque out and stopped him, but he is worried stiff.

Any advice would be much appreciated.

peter_the_piper

Unfortunately, once they have written out an invoice (its not a fine by the way) they never accept an appeal. You have not contravened any regulation, they will send a few bits of paper and then they will give up. Don't worry, there will be no bailiffs, no ccj and no court appearence.

taffy056

HopefulB wrote: »

I'm new to this, and hope I am posting this query in the correct way.
My husband parked in a "disabled" bay at our local Curry's electrical shop. He forgot to display his badge, and found a ticket from CMS UK of Lytham St Annes on his car when he returned a short time later.

Do you recommend that he sends a photocopy of his badge to prove that he was entitled to park there, or just to completely ignore all correspondence. He is supposed to pay £50, increasing to £80 after 14 days. That's a lot of money to 2 pensioners for a moment's inattention by a man of 77. I caught him writing the cheque out and stopped him, but he is worried stiff.

Any advice would be much appreciated.

These people specifically go after disabled people who have forgotten their blue badge, they harass them to hand over their DLA money to them, one former charity called Mobilise even encourages people to pay because they earn commision out of the tickets!

But these invoices are not enforceable, the blue badge scheme does even apply in such car parks, the parking bays are advisery only and has no basis in any law, the thing to do is keep your money firmly in your pocket and ignore all letters from them, their alleged debt collectors and fake solicitors.

Please come back for moral support once the letter chain starts, its normally 4-5 letters, don't communicate with them at all, if they call you just tell them the alleged debt is expressly denied, and only communicate via letter, if they phone again they would be breaking the harassment laws.

Have a nice New Year

bromsgrovebarry

Follow Taffy and Peter's words of wisdom. These companies are just bullies and cowards. Their threats are meaningless and you will NOT be taken to court. They scare people into parting with their hard earned cash but will never taken anyone to court as they do not have the law on their side. Expect scary letters but they are merely bully boy tactics. Post again for help or reassurance if it is needed.

Kite2010

Total damages endured by the land-owner for you parking in a "disable" spot without showing a meaningless badge, I would guess zero.

Rest easy and enjoy the new year.