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Private Parking Charge - sending baliffs

Received a Private Parking Charge for not parking in a correctly marked bay in a car park (no obstruction to others - it looked like a bay but had one line missing). I did not receive the bill through the post for the original £45 penalty, just a reminder increasing the penalty to £90. I have ignored the letters to date although a debt collector is now dealing and the charge has increased again. I have now been sent a letter saying that baliffs are to call shortly to collect the money owed.

Where do I stand?

Comments

  • A debt collector cannot send bailiffs to collect the alledged debt. A bailiff has to be appointed by the court and I presume that you haven't been summoned to court.

    These debt collectors will use all kinds of bully boy tactics to scare people into paying up. At the moment you dispute the alledged debt and it cannot be enforced by bailiffs until the debt is proven by the courts.

    Such debts are extremely difficult to prove so the business model relys on threataning a sufficient number of victims into paying up to make a profit. If I were you I would write back and explain that you dispute this debt and that you never entered into a contract with the car park. They will find it hard to prove that you were even driving at the time and if so that you entered into a contract to pay this charge for parking outside of a marked bay. As long as you make it perfectly clear that you intend to ignore/return any future correspondence they will eventually give up.
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    boiler_man wrote: »
    I have ignored the letters to date although a debt collector is now dealing and the charge has increased again. I have now been sent a letter saying that baliffs are to call shortly to collect the money owed.
    The usual lies and scare tactics employed by PPCs. Bailiffs can only become involved if they've taken you to court, and obtained judgement against you, and you haven't paid the judgement.

    This is just some mickey mouse firm of debt collectors (probably at the same address as the PPC) who have no legal powers, and it's very rare that they waste their petrol actually calling in person. If anyone turns up, tell them to go forth and multiply - you do not owe them anything.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • boiler_man
    boiler_man Posts: 377 Forumite
    Thanks - thought this was the case, but needed reassurance!
  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Sounds like CCS - they threaten a home visit, don't they?
This discussion has been closed.
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