what do I do now???

Coblcris

The CPS v Thomas case was in Small Claims.
It is irrelevant legally to any other case.

Its only relevance is that it reveals the methods used.

johnsm

gifthorse wrote: »

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:

Hello again. No, there's certainly no need to hire a solicitor, let us know on here if you hear from them again..

Domthemon

Sorry for being a bit thick..... is this saying that one of these companies could persue these notices through small claims court and win? If so all this talk of ignoring them because they will not persue it is presumably the 'airy fairy' talk the poster talk about above?

bargepole

DomtheMon wrote: »

Sorry for being a bit thick..... is this saying that one of these companies could persue these notices through small claims court and win? If so all this talk of ignoring them because they will not persue it is presumably the 'airy fairy' talk the poster talk about above?

The case of CPS v Thomas is an unusual one, because Mr Thomas admitted in a forum posting that he was the driver, then tried to deny it when it went to court, so the Judge took the side of the PPC, and awarded the claim. There was also some highly suspicious activity prior to the hearing, with suggestions in some quarters that Thomas was "got at" to take a fall, so that CPS could brag about their great win.

County Court hearings do not create a precedent, each case is heard on its own merits, but there are very few where the PPC has been awarded the claim, and none at all where a proper defence has been put up.

peter_the_piper

I don't think that 1 or 2 cases a year presents much of a problem. The only ones that I have seen are where the driver has amassed a large number of invoices and has taken the ppc on in an exchange where he incriminated himself and similar ones. No contact, no errors, no likelyhood of court and certainly no win for ppc. When the likes of Excel have tried it on they were trounced and have'nt done court since.If you're worried about such infinitesimal small odds then you would not get out of bed in the morning, indeed I believe its more dangerous staying in bed--it may collapse or catch fire.

daveyjp

DomtheMon wrote: »

Sorry for being a bit thick..... is this saying that one of these companies could persue these notices through small claims court and win? If so all this talk of ignoring them because they will not persue it is presumably the 'airy fairy' talk the poster talk about above?

Of course they can pursue you - it's a remedy in law for reclaiming a debt. They would first have to prove you as the registered keeper of the vehicle owed them the money.

Advice here is ignore any correspondence UNTIL such time as you receive papers from the Court. Then you can start preparing your defence.

Coblcris

It is only an alleged debt. Any claim that goes to Small Claims is the attempt by the Private Parking Company to have it established as a debt.

gifthorse_2

Well I sent the letter off here stating I was not the driver etc and They wrote back saying that my appeal was turned down and Im still liable for the fine.
Then today I had a letter from their solicitors stating:
final warning, Take notice that dispite many attempts to obtain payment from you, you have chosen to withold settlement of £100.
We have already fulfilled all legal requirements in relation to commencing litigation.
If you are in any doubt as to the seriousness of this situation you should seek independant legal advice, as the consequences of litigation can be far reaching, such as, substantial legal costs, and interest being added to your debt.
your name being on the register of judgements affecting your chances of further credit in the future.
seizure of your assets by bailiffs.
an order to obtain information from judgement debtor.
It is your responsibility to repay this account within 7 days.
This matter will not go away without solution or resolution.
If you do not wish to incur the consequences of court action, you must pay the amount immediately.

So shall I send them martins second letter about harrassment????
I was NOT the driver at the time!
where do I stand now???

Please help me!

Quentin

Don't blink!

Ignore these empty threats.

Berkshiregirl

Stop sending letters to them. Honestly, you're making life tougher for yourself.

Ignore them.

They stop sending letters.

If it ever got as far as court and they proved you were the driver (which you weren't), they'd be able to win the loss they incurred by you parking in a free car park - £0.00. They're not going to take you to court, they're going to keep sending you letters asking for you to pay up.

The figures will go up, then they'll offer you the chance to pay them a settlement that's well below what you owe them. Then they'll stop sending you letters.