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Penalty Charge Notice letters received

I have now received to invoices and a "final notice" related to the very well known private parking firms claim that a vehicle registered to me overstayed in one of the car parks they control.

I have to date played the ignore all demands route and needless to say the "Final Notice" has all the expected warnings related the private parking firm enforcing the invoice. (Final notice is a bit misleading as clearly it won't be?)

Now my only concern with this militant route is that in not even saying I am not paying may leave room for some critism from a Judge (where it to get that far). Could it be argued that further costs would be incurred by the parking firm taking me to court which might not have been the case if I had given them fair opertunity at an early stage to drop it. (I have I feel a number of very good reasons as to why I am not paying the demand).

However, I am mindful that the firm involved are now to ignore an "appeal" mitigating circumstances and once dialogue is initiated they continue to pursue the demand with even more vigour.

So what do I do sit back and wait for the court summons or submit my reason for not paying (although I imagine either route could end up in a court summons).

Your advice is most welcome.

Comments

  • If you are expecting court papers you will have a very very long wait.

    They will not go anywhere near a court because the amount they are trying to con you into paying is far greater than what your "overstay" actually cost them.

    Do NOT contact them at all.

    Which bunch of cowboys is it?
  • Sirdan
    Sirdan Posts: 1,323 Forumite
    DrRusty wrote: »
    I have now received to invoices and a "final notice" related to the very well known private parking firms claim that a vehicle registered to me overstayed in one of the car parks they control.

    I have to date played the ignore all demands route and needless to say the "Final Notice" has all the expected warnings related the private parking firm enforcing the invoice. (Final notice is a bit misleading as clearly it won't be?)

    Now my only concern with this militant route is that in not even saying I am not paying may leave room for some critism from a Judge (where it to get that far). Could it be argued that further costs would be incurred by the parking firm taking me to court which might not have been the case if I had given them fair opertunity at an early stage to drop it. (I have I feel a number of very good reasons as to why I am not paying the demand).

    However, I am mindful that the firm involved are now to ignore an "appeal" mitigating circumstances and once dialogue is initiated they continue to pursue the demand with even more vigour.

    So what do I do sit back and wait for the court summons or submit my reason for not paying (although I imagine either route could end up in a court summons).

    Your advice is most welcome.

    Bearing in mind that this is a fishing expedition by the company, as they have no way of knowing who was driving, any time and expense in pursuing the claim is entirely of their own making.
    It is a proven fact that these companies will not stop their demands regardless of what the recipient may say ..in fact if you respond you tend to get even more demands.
    If a Judge were to ask me why I ignored I would be totally forthright and tell them straight that all available information points to the fact that these companies are not interested in listening to any form of mitigation or reason.
    As such why should a private individual waste time ,effort and money in responding to their "invitations to pay".

    Put another way if I PM you a message now asking for £100 for reading my post would you ignore it or waste time refuting my claim ?

    A lot is made of the Civil Procedure Rules which say both parties should take steps to avoid court proceedings .....but in reality the only thing the Parking Company will settle for is your money as demanded and from your side you deny you owe them anything at all...so aside from proceedings to settle the dispute there is little else to be done.

    At the risk of repeating myself engaging with these companies is pointless they will never discuss or mediate they just want your money.

    Of course 99.9999999999% of the time they just give up, no County Court Claim will follow, they simply start hassling their next victim.
  • DrRusty
    DrRusty Posts: 16 Forumite
    Thanks for the comments todate -

    I would still prefer not to even mention the name of the company but just think of a very well known private parking firm mentioned numerous times on this forum and you will proably be correct.

    I have been trying to dig up some info on who owns the "car park" in question, well lets say which parts are owned by whom, but the local planning office portal is not much help. How could I find out who owns which bits of land.
  • bondy_lad
    bondy_lad Posts: 1,001 Forumite
    Part of the Furniture Combo Breaker
    if its a private parking company,,you have not recieved a,,penalty charge notice,,,you have recieved a ,,parking charge notice= unenforceable invoice,, dont waste your time,, just ignore it, plus any future threat o grams.
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