Can't remember who was driving

stargirl73

Thanks again everybody! You guys on here are just brill!

I wish I had your nerves!

What a hideous business this all is.

Yours, feeling a little less petrified!

Pimpslider

Coupon-mad wrote: »

...you will not be paying in the absence of sealed Court papers...

Is that signed/stamped and sealed?

trisontana

stargirl73 wrote: »

Thanks again everybody! You guys on here are just brill!

I wish I had your nerves!

What a hideous business this all is.

Yours, feeling a little less petrified!

You needn't feel petrified at all. Don't forget you are not dealing with any official organization or department such as the police or the council. Private parking companies are just private individuals with no more power than you or me. They are just low-lifes who should get a proper job instead of trying to con money out of people.

taxiphil

Stargirl, calm down, please don't worry! Any "debt" is a figment of their imagination and is just as ludicrous as me charging you £100 for reading this post!

Pimpslider wrote: »

Taxiphil, could you further define/expand the term...'The law says that any charge in a contract is a penalty'.

Yep, it's a 95 year old precedent - Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79.

Still good law today and used every day by contract lawyers. In a nutshell, any charge inserted into a contract is classed as a penalty, and is hence unenforceable, if it doesn't reflect actual loss and only exists "in terrorem" - i.e. to frighten or deter the other party.

Pimpslider

Brilliant taxiphil. You are indeed wise.
:beer:

keith_har

Hi Stargirl im in the same boat

2 Years ago i got a parking ticket whilst in a shop getting change for the ticket machine. The ticket i bought on the way back to the car even has a time stamp the ticket i was issued had. Anyway i digress.

However ever since i have been hounded for money. Initially it was the parking provider "Napier Parking" i sent them a please contact the driver letter and they stopped harrassing me. Anyway a year later Debt Recovery Plus Ltd write to me again saying i now owe them a massively inflated fee (from £35 to £170). So i ignored and carried on life however they have rung up today (silly me didnt protect my number when i rang a missed call from my mobile) and said they are taking court action and i will recieve a letter in the post.

Now is this just scare mongering or will they actually take me to court.

Thanks K

trisontana

It's scaremongering. If they ring up again tell them there is no "debt", and if they keep phoning you then they will be reported to the police for harassment.

Coupon-mad

trisontana wrote: »

It's scaremongering. If they ring up again tell them there is no "debt", and if they keep phoning you then they will be reported to the police for harassment.

Seconded.

Keith, when they call again have a confident speech ready.

Inform them assertively but calmly that you'll be happy to see them in Court, because if they continue to harass you at all by phone or letter for a denied debt then it will be them answering in Court under the Protection from Harassment Act! Insist that they desist from all contact forthwith and pass the denied debt back to the originating company as they are required to do, by law. :T

I wonder if this new surge in debt collectors phoning people up is reflecting the fact that PPC 'percentages of tickets paid' has gone down in the past year or so?! I reckon it must have, what with here, pepipoo.com, CAG and other ticket-fighting websites being the first result many people will get now if Googling 'private parking ticket'.

Word of mouth is a great weapon against this scam. Tell your friends about it.

trisontana

It's getting towards the end of the financial year. That could account for this sudden surge of demands.

Coblcris

If they call again do not identify yourself, merely hang up.
I would have no fear of Napier or of their attack poodles..