Help help help car towing!!!!!

mikey72

Inflatable_Armadillo wrote: »

But the OP said they had his actual address from correspondence, which I suspect was in the building the car park is linked to, and not the address on his V5... this is a PPC tactic and it looks like a load of horse crap!

But it's a very good tactic, they write to to keeper at the V5 address, they know he won't answer.

eb2

Basically the building I reside in employs Metropark to police the area due to crazy amounts of parking in the past. The tickets are not fake but I have written to them previously. I left home on an extremely bad note so the fact that they have been writing to the registered address means I have not been getting their responses. I have proof that I wrote to them appealing from my new address and they still returned correspondence to the registered address......not my fault they ignored the address I provided on the letter.

I have spoken to the comittee who advised they would tell metropark to quash the tickets. Metropark have now advised that the area I was parking in ....although clearly there are signs that clamping etc will happen and you need a valid permit, my permit is not valid as these small amount of spaces are allocated to the housing association although no clear sign varies the difference in the permit..I didn't know there was one!!!!

I contacted the housing who advised that they think this is excessive but cannot guarantee they will be able to remove the tickets as they allow Metropark to police the area and it is down to them. Metropark advise they do not have this power (obviously a lie)

Please please help I have nowhere to turn...Also I initially spoke to the police about this who were helpful but did advise it was a civil matter!

Sirdan

eb2 wrote: »

on the phone the guy from Metropark now. He's the director and alledges he cannot even reduce the price of the tickets and now says the cost is £3800...for 24 tickets?

Vax2002 Are they not allowed to take my car as payment? I'm beside myself and this has been going on for two days!

Is there any legal loopholes I can look at?

READING THIS POST IS SUBJECT TO PAYMENT OF £50

No they can not seize your car as payment ..that is why we have County Courts and court appointed baliffs !!!

PS I will be sending you an invoice for £50 FOR READING THIS POST and if you don't pay I'll be round to remove your telly ....not legal I hear you scream ...it is exactly what this company has done.
They have no power to seize your goods ...take them to court for every penny you can get plus your car back of course !

I would definitely be inclined to report it to the Police and point out that these private individuals do NOT have any power to seize goods !!

Also if your car insurance includes legal cover ..use it and get a solicitor involved.

(There is a mechanism in law called possessory lien which allows for retaining goods pending payment ..hence a garage can keep your car if you don't pay their repair bill.(even if you dispute the amount ).but this is not the same because it relies on you having VOLUNTARILY given them control of the goods (i.e. car) in the first instance ..which you haven't !

eb2

If they cannot take my car due to no CCJ how do I get it back without paying this money Inflatable Armadillo???

Sirdan

eb2 wrote: »

If they cannot take my car due to no CCJ how do I get it back without paying this money Inflatable Armadillo???

You need some expert advice but as I understand it you can apply to a court for an injunction i.e .a court order which instructs them to return the car.

Inflatable_Armadillo

Firstly, let us educate you on a few things and then, we will tell you to post this up on PePiPoo and let them help you with getting your car back (which is your first priority), and if you do have legal cover on your car insurance, do use that to get a solicitor involved for free.

Ok, these are 'fake' tickets, Metrolink are a PPC (a Private Parking Company) and have no power to fine you or issue you with a penalty... simple as! The only people that can do that are the Police and the Council and they issue a Penalty Charge Notice! These guys are issuing you with something they call a Parking Charge Notice... this is just a speculative invoice dressed up to look like a 'real' PCN. So, you understand this, they can't fine you and you don't owe them anything, unless they have a CCJ telling you that you owe them money. Which we think they don't!

So, first stop worrying about this huge sum of money they are demanding from you. Unless they have been to court, which we doubt, then I can pretty much promise you you will not have to pay them anything.

Ok, next step, getting your car back.

For this, you need to help from some of the posters on PePiPoo - start a new thread here - http://forums.pepipoo.com/index.php?showforum=60

As Sirdan say, you need some expereinced advice and this will be forthcoming here.

You need to post as much detail as you can, and scan an put up any correspondence you have but remove any personal details, addresses, reference etc, but leave everything else.

I suspect you may have to issue an injunction, but people will help you understand how to do this and if you can get free legal advice on your insurance, they should assist you in sorting this!

The good news, is that once you have your car back you can sue them! Keep all receipts etc while you don't have your car as you can hit them for this as well.

Just keep calm and accept that you have to fight, but you are almost certain to be the winner and not the loser.

RENEGADE_2

eb2 wrote: »

The tickets are not fake but...

Wrong Eb2 - they are fake full stop. Ever since the law on housing changed and council houses became replaced by housing association arrangements, this venture devolved to the private sector and consequently, private companies own the land as they do the houses thus deploying PPCs.

£3,800 is a SERIOUS claim and one that if your accuser is so sure to be correct can very easily prove this in court. The point is simple: your antagonist has taken it upon himself to seize your property upon you not paying this arbitrary sum. That is illegal. There is a chance your car may actually be worth more than this but that is irrelevant. I say police first, see what they do or how they advise you; if no joy, push for a case at the County Court. This is definitely not the work of bailiffs for something to have happened without your knowing.

Inflatable_Armadillo

mikey72 wrote: »

But it's a very good tactic, they write to to keeper at the V5 address, they know he won't answer.

Oh yes, top tactic indeed!

eb2

Okay I've posted on pepipoo for help also.

I'm worried my car will be sold. It is worth 5k or there abouts so they know they can recoup monies 'owed' from it.

Won't a Court Case take forever in getting my car back?

RENEGADE_2

eb2 wrote: »

Okay I've posted on pepipoo for help also.

I'm worried my car will be sold. It is worth 5k or there abouts so they know they can recoup monies 'owed' from it.

Won't a Court Case take forever in getting my car back?

Obviously you'll have to wait for a hearing to be set but I can't imagine it being long. Two weeks ago I wrote to the Employment Tribunal to arrange a case against a former employer who hasn't paid me and within a week I was given a date for November. That's the sort of thing to expect but you need to move from now of course. Concerning getting your car back, if they are ordered to do so by court then they will have to return it immediately. There will be stiff penalties for them if they don't. Should they sell it whilst it is your property then they owe you for the full cost but without a logbook they're not going to do much with it. A vehicle is the responsibility of the keeper and this remains you.