what do I do now???

gifthorse_2

I had a parking ticket from tesco car park.
I was NOT the driver at the time. But I am the registered keeper.
I ignored it, then they sent me an invoice.
I replied using the letter on here saying that I was NOT the driver and that I dont have to say who was.
They replied to that letter saying.....

"I draw your attention to two aspects of case law"
1) watteau v fenwick (1893)
this establishes the existence of a principal/agency relationship. where the principal (in this case the registered keeper) is responsible for the actions of its agent (in this case the driver) In the event of non-disclosure the principal will be liable for the charges.

2)combined parking solutions v s j thomas (2008)
The defendant denied or never accepted he was the driver but the court found that on the balance of probabilities he was and found in favour of the plaintiff.

Please consider your actions very carefully and provide the driver details by return of poast.
If you fail to do so, we will have no alternative but to continue the action against you and additional, unnecessary legal costs will be incurred.

WHAT Do I do now????
Do I reply with Martins letter about harrassment??
Please only reply if your trying to help me, I could do without the sarcastic replies that Ive seen some people write.

Many thanks!!!

daveyjp

"combined parking solutions v s j thomas "

Read this case if you can. It's a very different situation to getting a ticket in a Tesco car park.

You don't have to provide details of the driver - the company aren't the police or the local authority so have no legal powers to demand it from you.

The rest are just scare tactics.

johnsm

gifthorse wrote: »

Please consider your actions very carefully and provide the driver details by return of poast.

I'd ignore it. Particularly if they spelt post like that.

(no sarcasm intended)

cajef

CommonSenseClive wrote: »

Now you pay. These contrived airy-fairy arguments no longer hold any sway.

And ignore this idiot troll.

daveyjp

BTW CommonSenseClive probably sent you the letter.

He's a PPC troll.

If you notice he only has 7 posts - at least three of these are advising people to pay up.

gifthorse_2

Thanks for the replies! And I wonder where that troll works, as all the troll is saying to do is pay up! hmmm? The reason I wrote on here is because I do not want to pay as I wasnt driving the car at the time!!

How do I find that combined parking solutions v s j thomas case?
And should I send martins next letter about harrassment now? or just leave it till they contact me again??
And it was my spelling mistake not theres lol Im trying to type while cuddling my toddler oops!!! lol

johnsm

gifthorse wrote: »

Thanks for the replies! And I wonder where that troll works, as all the troll is saying to do is pay up! hmmm? The reason I wrote on here is because I do not want to pay as I wasnt driving the car at the time!!

How do I find that combined parking solutions v s j thomas case?
And should I send martins next letter about harrassment now? or just leave it till they contact me again??
And it was my spelling mistake not theres lol Im trying to type while cuddling my toddler oops!!! lol

I wouldn't waste your time/money replying, just file all correspondence you receive from them and don't worry about it. They may not contact you again.

I'll let you off with your mistake, sounds like a genuine error!

daveyjp

http://www.oldham-chronicle.co.uk/news-features/8/news/15246/parking-penalty-just-judge-rules

Car park was a church, not a supermarket, driver only took advice from a website rather than employing a solicitor and then put a defence that 'he couldn't remember'. He was on a hiding before he even started.

The consumer website mentioned isn't this one.

Neillgb

CommonSenseClive wrote: »

Now you pay. These contrived airy-fairy arguments no longer hold any sway.

Doesn't make sense.

Surely, if the '....airy-fairy arguments no longer hold any sway', why would anyone pay these scammers invoices?

gifthorse_2

johnsm wrote: »

I wouldn't waste your time/money replying, just file all correspondence you receive from them and don't worry about it. They may not contact you again.

I'll let you off with your mistake, sounds like a genuine error!

Ok I will ignore them now. If I hear from them again should I get a solicitor?

and thanks for letting me off lol :beer:

Guys_Dad

If you were silly enough to pay the or hire a solicitor, then you have chosen the right MSE forum nom-de-plume ! :beer:

But you won't will you? P-l-e-a-s-e