Care parking tkt pls can you help me

Stephen_Leak

courtney22 wrote: »

Hi all

Just an update my friend has received 2 Solicitor letters regarding this with Thomas Higgins partnership on. Do you all still think just ignore them as they are saying this is last chance to pay else they will go to court and il get a ccj! Actually worrying now about it all.

For things to actually get to this stage, they would have to take you to court, win the case and then you’d have to refuse to pay. After 28 days a CCJ would be issued by the court.

The one fatal flaw in this plan, from the PPC's point of view, is that they can't actually take you to court, for the same reason that a blackmailer couldn't sue their victim if they didn’t pay.

courtney22

Thank you all so much for your help and advice I really do appreciate you taking the time to reply, and yes that is the letter I've received it's the same as the first one .

I'm just going to ignore....thanks again

bondy_lad

courtney,this is a SCAM,,so 100% safe to ignore absolutely everything you recieve in the form of threat o grams,,,other than our advice that is,,,there you go, jobs a good un,,chill,relax,,feet up watch bgt on tv.glass of wine also.

ManxRed

Has anyone signed your letter? Or has a chimpanzee written 'The Thomas Higgins Partnership' at the bottom?

Jimbo0023

Just had a lovely day at Cheshire oaks and guess what. Found a care parking fine on our windscreen! We were parked in a staff parking section but honestly didn't realise any of the spaces at cheshire oaks weren't free so weren't looking for signage. Reading the forum posts I'm inclined not to pay, but a little worried we could end up in court with a bigger fee. Question is can they (as a third party) legally request CCTV footage from Cheshire Oaks to prove who was driving??

Stephen_Leak

Jimbo0023 wrote: »

Just had a lovely day at Cheshire oaks and guess what. Found a care parking fine on our windscreen! We were parked in a staff parking section but honestly didn't realise any of the spaces at cheshire oaks weren't free so weren't looking for signage. Reading the forum posts I'm inclined not to pay, but a little worried we could end up in court with a bigger fee. Question is can they (as a third party) legally request CCTV footage from Cheshire Oaks to prove who was driving??

And the answer is no.

Firstly, the legal stuff.

Any warning signs are usually so badly positioned and worded, that they won’t have created a fair and legally binding deemed contract between the car park owner and the driver in the first place. (The Unfair Contract Terms Act 1997.)

Even if there is a contract, all the car park owner can claim from the driver in damages for any breach of contract is what they’ve lost as a result. If this is a free car park or they paid, this is £0.00. By asking you for more, which is unreasonable, it’s become an unfair contract penalty, which is not legally enforceable. (Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., House of Lords, 1914.)

Under various legislation, only councils, the police, train operators and Transport for London can impose legally enforceable fines or penalties. Private parking companies can't.

What do I do now?

Don’t appeal. They always reject them. What’s in it for them to let anyone off?

What’s in it for them is information. They need to know the identity of the driver of the vehicle involved at the time, because that’s who the alleged contract was with. If they don’t know who the driver was, they have to make do with chasing the registered keeper.

With windscreen notices, an appeal letter will tell them your name and address, and maybe that you were driving at the time. If they don’t know who the driver was, they have to buy the details of registered keeper from the DVLA.

With postal notices, they’ve done this already. But they still need to know the identity of the driver.

They sometimes say that they have the right to ask for this information. This doesn’t mean that you have to tell them.

However, even if you’ve written and confirmed who the driver was, it doesn’t make their actions any less unlawful. It just means that instead of unlawfully harassing the registered keeper, they can now unlawfully harass the driver.

What will they do to me?

They will send you a series of letters, then a debt collector and then a solicitor. The debt collector and solicitor are usually also the PPC, but using different headed paper. These will threaten you with all sorts of financial and legal unpleasantness, to intimidate you into paying.

But, they can't actually do anything, for the same reason that a blackmailer couldn't sue their victim if they didn’t pay.

What should I do then?

Continue to ignore everything you get from the PPC and their aliases. Yes, it does seem counter-intuitive to deal with something by ignoring it. Eventually, they will run out of empty threats to intimidate you with, and stop throwing good money after bad.

give_them_FA

Yeah, just ignore it all, it is simply an attempt to wheedle money out of you that they have no entitlement to. They can't use CCTV, but even if they could, they would be no wiser. After all they don't know what you look like, do they?

Join the 499,999 other people who ignore this scam every year. They will give up after writing a few asinine letters since they will realise you joined that winning team.

jemcart

I read somewhere that 60% of parking tickets that are challengedare overturned. I’ve disputed a couple of tickets before that I felt were genuinelyunfair, and the council cancelled them.

I understand they’re needed to prevent people doing thingslike parking in the middle of a road and causing an obstruction, but it seems abit over zealous to be giving them to people that have parked slightly over theline but aren’t causing any problems.
There’s a guide here to appealing against parking tickets,hope it helps: http://www.money.co.uk/article/1003851-how-to-appeal-against-a-parking-ticket.htm

trisontana

jemcart wrote: »

I read somewhere that 60% of parking tickets that are challengedare overturned. I’ve disputed a couple of tickets before that I felt were genuinelyunfair, and the council cancelled them.

I understand they’re needed to prevent people doing thingslike parking in the middle of a road and causing an obstruction, but it seems abit over zealous to be giving them to people that have parked slightly over theline but aren’t causing any problems.
There’s a guide here to appealing against parking tickets,hope it helps: http://www.money.co.uk/article/1003851-how-to-appeal-against-a-parking-ticket.htm

You seem to be confusing council parking tickets with those issued by private parking companies.

ManxRed

You are confusing (legitimate) Council Tickets, which can and should be appealed, and yes something like 60% (might be more actually) of Council Tickets that are appealed are overturned.

However this thread is about Private Parking tickets which are completely unenforceable anyway, and ought to be ignored pretty much 100% of the time.