Can I sue PPC for harasment?

Pacemaker1000_2

my wife had a PPN and was not the driver. we used the proforma on here and wrote back telling them so to which they replied acknowledging this.
as per usuall they didnt give up and are now sending debt collector and solicitors letters threatening the usual stuff cliaming there has been no appeal etc.
so they know she wasnt the driver but continue to harrass her

worth a crack at suing?

bargepole

Pacemaker1000 wrote: »

... worth a crack at suing?

Not really, even if you succeeded in obtaining judgment against the PPC, they all hide behind PO Box numbers and never have any assets worth siezing, and most of them collect CCJs like confetti and just ignore them.

Best bet is just to ignore all their mickey mouse threats, they'll give up soon enough.

Coupon-mad

Worth writing a very assertive complaint letter to the retailer, without needing to actually say who was driving. Make sure it's a complaint about them allowing a protection racket followed by unlawful harassment and unfounded threats to be played out against customers - not giving any excuses about how long the car was parked, as the fake ticket is not a real one and deserves no such respect. So a complaint about the PPC and not saying anything that could possibly be misconstrued as an appeal about the bogus ticket.

Threaten to sue the retailer (and PPC) for harassment, yes why not threaten it in your letter?

The PPC are the agent for the retailer (or landowner or management co., whoever instructed them in fact) and they are responsible. Show them this very recent British Waterways small claim case which shows that by the laws relating to Principal and Agent they ARE responsible:

http://www.narrowboatworld.com/index.php/news-flash/2995-british-waterw-canot-clamp-mororists

"British Waterways are liable in civil law for the acts of its contractors, and Sector Security are contractors."

Also look at the quote from the AA chap Paul Watters which sums it up nicely - in your case just replace the words 'clamping firm' with 'fake PCN-issuing firm'.

Only thing is if you do sue it would not be a small claim, you would need a solicitor to make a criminal case for harassment which would not be heard in the small claims track so would not come cheap unless you know/are a solicitor! And if you do so, make sure you name both parties as a PPC is less likely to pay you compensation than a large company with a reputation to protect. If the retailer did not contract the PPC, then they will soon tell you if it was not them (but do not believe any excuse that 'no money changes hands' as that does not mean there is no contract).

HTH

Sirdan

Harassment need not be criminal, an individual can take a civil action and win :-

https://forums.moneysavingexpert.com/discussion/1526415

a civil action has more chance of succeeding as the standard of "proof" is "on balance of probability" i.e lower than the criminal standard of "beyond all reasonable doubt".

However such actions are costly with no certainty of success.

Sadly statutory bodies seem generally uninterested in making criminal cases for harassment.

Coupon-mad

Sirdan wrote: »

Harassment need not be criminal, an individual can take a civil action and win

But would the Courts allow it to take place in the Small Claims track though, for undefined 'compensation' (the remedy for harassment)? I think they would not so the OP is best advised perhaps to threaten to sue, rather than actually follow it through, if he's not a solicitor.

Pacemaker1000_2

thanks guys
how do i find out who owns the land?
penalty was for not using facilities of a number of business's

Coupon-mad

Send a complaint to all the businesses, or why not phone them or pop in!

If phoning or calling in person, do not complain all guns blazing (yet).

Spin some yarn that you suspect there's 'a rogue, unauthorised ticket company in the car park and your wife is being bothered by them, do they know anything about *company name*?' Be vague but polite, do not say who was driving nor whether any business was being visited.

I bet at least one business will gleefully tell you 'oh no, I am sorry you got a ticket BUT that firm are allowed to ticket here because the landlord (or other business) got them in as we had a parking problem... '. Then ask if they can let you have the address but again do not tell them you are annoyed or likely to complain, try to come over as a bit unsure, just wanting to check it's all 'above board'...

taxiphil

Coupon-mad wrote: »

But would the Courts allow it to take place in the Small Claims track though, for undefined 'compensation' (the remedy for harassment)? I think they would not so the OP is best advised perhaps to threaten to sue, rather than actually follow it through, if he's not a solicitor.

Yes it would be Small Claims if the claimant valued their action at under £5,000 (and realistically speaking, damages would never be awarded in excess of that anyway).

Here's a transcript of a recent disposal hearing for damages under the PFHA in a case between an individual and a company. The court awarded £1500.

No real reason why a layman can't have a crack a PFHA claim without a solicitor.

Note that CPR 65.28 requires PFHA claims to be made under the Part 8 procedure, but it's quite easy to digest:

http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/procedure-rules/civil/contents/parts/part08.htm#IDAAGFT

Another point worth noting is the remission scheme which gives the claimant exemption from court costs if they're on certain benefits or a low income.

AlexisV

We've seen PPC's successfully sued for £200 - £1000.

You are best suing the landowner however, and engaging in detailed correspondence with them before any action. Court has to be a last resort.