Parking Charge with Leased car

Coupon-mad

missile wrote: »

Hm..... I wonder how the employer might view OPs actions.

Parking a company vehicle where he should not, then refusing to pay the penalty charge and causing needless work for a.n.other members of staff.

Penalty Charge?

Did I miss something, have the Government given private firms the power to issue penalties now then?!

Sir_Roger_deLodger

missile wrote: »

Hm..... I wonder how the employer might view OPs actions.

Parking a company vehicle where he should not, then refusing to pay the penalty charge and causing needless work for a.n.other members of staff.

How much work is involved in ignoring an invoice?

MacBudman

missile wrote: »

Hm..... I wonder how the employer might view OPs actions.

Parking a company vehicle where he should not, then refusing to pay the penalty charge and causing needless work for a.n.other members of staff.

That is exactly the point of all this !
What has a penalty charge invoice got to do with my employers ??

If you get a Legal Parking Fine, you pay up or legally challenge the decision., that's the Law !
If you get a scam invoice agreement to (pay me please), you need to think about option two., donating full amount to charity, which is a much better cause

My intentions here, if you have not read the thread, is to inform and educate my employers of this scam in order to save needless work from staff in future (as you mention) and to make them aware of what they should already know by now of the legal implications involved, if they decide to take action on behalf of a lease holder without seeking permission from them. We do have rights !

From what I gather, an agreement must be agreed to by both parties and involves conditions.
If conditions are not met in the agreement then what's to agree to ?
No details provided at this time due to ongoing accusations from a PPC

Anyway,
To update this thread, received notice today of Intended Litigation and are now looking for £140 plus recovery costs of £102 if they were to proceed.

Looking forward to my day in court, which will bring up another debate here regarding the total cost to my employers for time wasted in court :)

give_them_FA

I don't think "missile" has a clue what they are talking about. Ignore. We have been plagued with clueless posters on this forum recently. Why did you thank them when they were posting rubbish? Remove your thanks. You are on the right track.

There won't be any "litigation". VCS v HMRC saw to that.

MacBudman

Hm....., I did consider missiles first comment as a valued point in this debate but have to agree with give them FA on this due to the assumption made that the driver was in the wrong

LincolnshireYokel

ranger28 wrote: »

Is there a link somewhere on a government website that confirms that tickets and fines can only be issued by the police or the local council?

Thanks so much for all the advise already.

Well in fact you have that slightly wrong. Fines can only be issued by a court. The parking tickets issued by councils and the police are statutory fixed PENALTY notices, ie, its still an invoice, but enforceable in law by statute. But only the police and council have the legal right under the Road Traffic Act 1988 to issue such legally enforceable penalty charges.

As for 'fines' ,The Bill of Rights Act 1689, enacted and formally entered into Statute following the Declaration of Rights 1689 states

"That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void".

This states that a conviction in a legally appointed Court of Law is necessary before a fine or forfeit can be imposed. The Bill of Rights is a "constitutional statute" and may not be repealed by another statute. As stated in the "Metric Martyrs" Judgment in the Divisional Court (Thoburn vx Sunderland City Council 18th February 2002) by Laws LJ

62."We should recognise a hierarchy of Acts of Parliament: as it were 'ordinary' statutes and 'constitutional statutes.' The special status of constitutional statutes follows the special status of constitutional rights. Examples are the ... Bill of Rights 1689 ...'

Therefore, private parking companies have no lawful authority to demand money for an alleged infringement that has not been proven by a Court of Law, and this is written into your constitutional rights.

Furthermore, penalty clauses in civil contracts are unlawful at Common Law, and in statute law, and any such clauses appearing in a civil contract are illegal and void. All private parking charges are illegal contract penalties and therefore unenforceable in law.

See the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contract Regulations 1999

Also see
Cine Bes Filmcilik v United International Pictures [2003] EWCA Civ 1669
Dunlop v New Garage [1915] AC 79
Murray v Leisureplay Plc [2005] EWCA Civ 963
Euro London Appointments Ltd. v Claessens [2006] EWCA Civ 385

Ok ? :beer:

MacBudman

Thanks LincolnshireYokel for the Blue Font parts to your post.., much appreciated :A

Received REDUCED PAYMENT OFFER today, which included an information sheet for Arrears advice :think:
Was thinking.., only 2 sheets of paper for the barbecue this weekend

ManxRed

That's right, their case against you is so watertight that they are now prepared to try and reduce the amount they want, on the offchance you'll consider it far more reasonable.

Its a brave man who holds a barebecue THIS weekend!!

MacBudman

Received further correspondence today from Zenith collections.
I should have mentioned before that last two letters received were from Dept Recovery Plus Ltd. (acting on behalf of the PPC) same address as Zenith collections but different PO Box !

Latest scam letter below, (boring parts edited)

On behalf of PPC bla bla., The current amount outstanding is £140.00. Please accept this official notification that Zenith Collections are now responsible for the recovery of this dept. As of the date of this letter all communications and payments in respect of any amounts outstanding regarding to this charge should be made to ourselves.

It is our intention to collect this dept and pursue it to legal conclusion if necessary.


However, as debt recovery has been transferred to Zenith Collections at a discount rate, we are prepared to accept a reduced settlement figure of £80 to avoid the possible necessity and expense of legal action.
Please note that this will be our only offer of payment at a discount rate and that payment must be made within 14 days bla bla de bla bla., or your account will revert to the full amount due of £140


We would urge you to take advantage of our discount settlement offer of £80


Aye right.. ! When do we get to the legal part of this dispute ??

ManxRed

Sadly, never.

For lo, they are bluffing.

For a laugh, check the squiggled signature on the letter from Zenith against the squiggled signature from someone completely different at Debt Recovery+. Ha ha!

Then check the registered company numbers of both companies.

My my, what a coincidence!!