Court Action Threatened - Please Help.

loulou1982_2

I have been contesting a private parking ticket for the past 5 months. This was sent to me as they tracked me through DVLA as I am the legal owner of the car. However, I know for a fact that I was definitely not driving the car when the ticket was issued. I have followed Martin's advice and sent off the letters saying I was not driving, will not give details of driver, stop harrassing me etc. They have replied each time. Now they are saying that they intend to 'follow this through the court process so that we may determine who the driver of the vehicle was on that day'. They go on to say that the court may see it as an "abuse of process" and that unless I can provide evidence I was not driving may hold me liable for costs. What should I do? I have not wavered so far but this final letter worries me as I did not think it would go to court. Please can someone give me some advice?

king100

Just Ignore them, do not waste time replying. You dont need to tell them who the driver is.




Make it more interesting you can play my game.

Can only play if have you have another person to play with

1. Get a folder
2. Each pick a colour - eg black and red.(what the most amount of writing is in)
3. Wait for the letters.
4. File letters in said colour coding
5. Whoever has the most amount of letters in said colour wins.

Could be played on keywords eg take to court, CCJ etc etc

Sir_Roger_deLodger

It's always better to ignore PPCs right from the start. As you have been corresponding with them they see you as a potential payer, and have upped the scare tactics. Dont worry, if they thought they had a leg to stand on in court they would have done it by now. Which particular bunch of pond dwellers is it by the way?

muckybutt

Oh dear ! unfortunately martins advice isnt the best advice, the more you fight these scum bags the more they will persue you ! you are in their books a hooked fish who might fold under pressure.

Advise now would be to completely ignore unless they actually issue you with genuine stamped court papers, you can check with the issuing court to see if they are genuine !

Have a look at this thread on pepipoo http://forums.pepipoo.com/index.php?showtopic=45096&st=0 and if they do proceed to court then post a topic on there for a solid defence, afaik a pepipoo ppc defense has not failed yet !
BUT PLEASE DO NOT CORRESPOND WITH THEM ANYMORE

Methusela

loulou1982 wrote: »

What should I do? I have not wavered so far but this final letter worries me as I did not think it would go to court. Please can someone give me some advice?

[FONT=Times New Roman, serif]One of the problems people face when asking questions on this site is that they tend to get lots of very helpful answers, but these all say pretty much the same thing – “keep ignoring”. But you want advice that is specific to your immediate problem and not just generalities.[/FONT]

[FONT=Times New Roman, serif]In your case, you are adamant you were not the driver. You have told the ppc this and he doesn't believe you. But it doesn't matter whether he believes you or not – if you were not the driver then he has no legal right to force you to pay the parking charge. Because of this, he is now trying a last ditch attempt to frighten you by threatening court action “to determine who the driver of the vehicle was on that day.” [/FONT]

[FONT=Times New Roman, serif]But, if you think about this for a minute you will realise that what the ppc is saying he will do is not legally possible. First, what is he supposed to be taking you to court for? [/FONT]
[FONT=Times New Roman, serif](a) Is it for failing to pay the parking charge? If so, then he is most definitely in the wrong because you have already told him you were not the driver, so he cannot legally make you pay his charge. If any court were asked to decide which was true - your statement, or the ppc's wild guesses as to who was driving, they would have no hesitation in sending the ppc away with a flea in his ear. And an award against him for your costs and the court's costs. So he won't risk that.[/FONT]
[FONT=Times New Roman, serif](b) Or is he taking you to court for failing to disclose who was actually driving on the day? If so, then he is just as much in the wrong because no law exists in this country under which he can force you to disclose who was driving. All it would need from you in court is a simple, truthful statement that you were not driving. In fact, he can't take you to court for this purpose. No court in the land would accept a case like that.[/FONT]

[FONT=Times New Roman, serif]Remember - you wrote and told the ppc straight away that you were not driving. Even if he were stupid enough to press ahead with applying to a court (which I am certain he will not) you have the very best defence possible because of that appeal. By refusing to accept your appeal and by continuing to harass you, the ppc has completely ignored the Code of Practice laid down by the British Parking Association, which is the closest thing ppcs have to a “governing body”. Whether he is a member of BPA or not, a court would still expect him to comply with the rules laid down by that organisation, as a minimum acceptable level of behaviour.(Though please don't get me started on how effective BPA are at their job).[/FONT]

[FONT=Times New Roman, serif]Instead of simply waiting to see what happens, be pro-active and have a go back at the ppc. Asking the right questions now is certain to prevent him from trying the court route, even if he were stupid enough to consider trying doing so.[/FONT]

[FONT=Times New Roman, serif]First, find out whether he is member of BPA.[/FONT]
[FONT=Times New Roman, serif]You will find a list of their members at http://www.britishparking.co.uk/info_page.php?id=73&info_id=21 (The list is a pdf file - the eighth item down on that site).[/FONT]

[FONT=Times New Roman, serif]Then post the ppc's details and whether they are BPA members in another post here (it helps everyone to know who the bad ones are). When you do that, we'll decide what you should put into another letter to him with lots of new - and more forceful – questions and complaints about what other rules he has broken. All of which would be taken into account by a court.[/FONT]

Coblcris

'follow this through the court process so that we may determine who the driver of the vehicle was on that day'

Is that a direct quotation from one of their letters ?

They had admitted that their case is speculative and that they intend to use the court system to identify whether or not the defendant is involved in the allegation.
I would include that in any defense.
Such calumny merits that the company is named.

Consider submitting as part of your defense a notarised affidavit stating you were not the driver, include the location and names or people you were with at the time of the alleged parking, and that it is your understaning you have no obligation in law to provide anyone with details of whom you think may have been driving.

Prepare your costs statement alongside preparing your defense.

loulou1982_2

The company are OPC officially known as Observices Parking Consultancy and they are a member of the BPA.

Sir_Roger_deLodger

OPC are known to issue fake court papers, if you get any check with the court to see if it is a genuine case.

Coupon-mad

loulou1982 wrote: »

The company are OPC officially known as Observices Parking Consultancy and they are a member of the BPA.

Lots of alleged scammers are members of the BPA and it doesn't mean diddly-squat!

It doesn't give them any more authority so don't worry about it at all. Forget it, ignore their letters unless you get what you think are real Court papers, then post back on here or on pepipoo.com for a solid defence.

usignuolo

Is it legal to issue false court papers, ie pretending to be court papers but they are not? Surely not.

peter_the_piper

I doubt it but you try and get the BiB to do anything about it. They would class it as a civil matter and wash their hands of it.