Private firm have threatened court - and given date.

Delilah1_2

My husband received a "remote" parking ticket from a private firm six weeks after the event. He was not driving at the time but as he is the registered keeper of the car the private firm got his details from the DVLA. He replied using the template letter on this site. The firm wrote back quoting the 1991 Road Traffic Act about PCNs and that my husband was liable as the registered keeper. My husband wrote back and pointed out that the 1991 Road Traffic Act referred to Penalty Charge Notices issued by the Police and Local Authorities, not private companies. The firm have since just sent out standard letters increasing the money demand and now have sent a final demand and say that the agency will automatically file the claim to the courts if we do not settle. They have given the name of the court, the date and the time. I realise reading this site that my husband would have been better off ignoring the letters but what do we do now? Is it just another threatening letter to get us to cough up? If it goes to court what do we do?
Please help!

pogofish

Delilah1 wrote: »

The firm wrote back quoting the 1991 Road Traffic Act about PCNs and that my husband was liable as the registered keeper. My husband wrote back and pointed out that the 1991 Road Traffic Act referred to Penalty Charge Notices issued by the Police and Local Authorities, not private companies. The firm have since just sent out standard letters increasing the money demand and now have sent a final demand and say that the agency will automatically file the claim to the courts if we do not settle.

Getting legal advice is probably the best bet now.

However, it does sound like Section 40 may be very pertinent:

The Administration of Justice Act 1970.

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:
harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;
falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
falsely represent themselves to be authorised in some official capacity to claim or enforce payment;
utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

Quoted from here:

http://forums.moneysavingexpert.com/showthread.html?p=19124249#post19124249

In the meantime, is it possible to determine if they were a private firm acting under a council contract or on a solely private basis? Different regs may apply.

Delilah1_2

This was a private firm acting for a pub on private land for using the (empty apart from one other car)car park for less than five minutes to drop off a child.

sarahg1969

When you say they have given a time and date, do you mean they have provided stamped Court papers (which would not give a time and date for hearing anyway), or have they written saying they will issue proceedings on a certain date?

Which company is it?

As pogofish pointed out, S40 of the Administration of Justice Act is very pertinent here - they are clearly committing an offence.

Delilah1_2

The firm is "Private Car Parking Enforcement Agency" and the exact wording on their letter is:-

"As you have failed to pay the parking charge issued to you. The case has now been referred for court processing and recovery of the sum owed. Our records indicate that to date we have not received any valid basis of appeal; offer of settlement and/or transfer of liability has not been proved or requested.

write to inform you that, in addition to the normal court claim forms the following information will be presented before the court.
-Copies of all correspondence sent and received and a carbonated copy of the ticket issued. ( No ticket was ever issued at the time)
-Any witness statements, digital photographical/CCTV footage.

IF YOU DO NOT CONTACT US OR PAY THE FINE BY THE DEADLINE DETAILED BELOW, THE AGENCY WILL AUTOMATICALLY FILE THE CLAIM TO THE COURTS WITH NO FURTHER NOTICE TO YOU.

COURT REFERRAL DATE: 09 April 2009
TIME: 10:00AM
LOCATION: XXXXXX county court xxxx"

I have left out court details to remain anonymous.

Neil_B

Delilah1 wrote: »

the exact wording on their letter is:-

referred for court processing

will be presented

IF

---

WILL AUTOMATICALLY FILE THE CLAIM

Will be? If? might?, etc.

I know it's scary but it always amazes me that people receive a letter saying one thing (or, as in this case, very little) and read it as saying something else.

Delilah1 wrote: »

COURT REFERRAL DATE: 09 April 2009
TIME: 10:00AM
LOCATION: XXXXXX county court xxxx"

Fraudulent IMO.

Neil_B

Ask the Court if anything has been filed - well if you wanna waste some time cos we know the answer.

pogofish

Delilah1 wrote: »

This was a private firm acting for a pub on private land

IF YOU DO NOT CONTACT US OR PAY THE FINE BY THE DEADLINE DETAILED BELOW, THE AGENCY WILL AUTOMATICALLY FILE THE CLAIM TO THE COURTS WITH NO FURTHER NOTICE TO YOU.

COURT REFERRAL DATE: 09 April 2009
TIME: 10:00AM
LOCATION: XXXXXX county court xxxx"

Grand sounding but empty threats seem to be the stock in trade for these firms, so I have a feeling that come April, that won't happen. Have you checked to see the particular court actually exists?

Anyway, you would only need to begin to worry once you actually got papers from the court itself.

Delilah1_2

The court does exist. I just need to clarify. If they do go ahead with this - and I'm sure it is an empty threat, however it is aimed at my husband and he doesn't want any trouble - the court would contact us and give us a chance to state our case, in writing as the court is over 200 miles away? Would it affect our credit rating?

sarahg1969

If they were to issue proceedings (which they won't), then when you enter a Defence, the matter would be transferred to your local court.

The date they have put is the date that they are going to issue proceedings, according to them. The time is just a lie - you don't get a time slot for issuing proceedings, you just fill in forms online or post them.

What they are doing is trying to scare you into paying. They are clearly breaking the law.

pogofish

Delilah1 wrote: »

Would it affect our credit rating?

Nope - In the highly unlikely event that they did raise an action and the even more unlikely event that they actually won it, you would still have a period (28 days OTOH?) to comply with the ruling. Your rating might only be affected if you failed to comply with that. However, this almost certainly won't be an issue at all.