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Please help! Private residents' parking £300 fine!

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  • Coupon-mad
    Coupon-mad Posts: 152,537 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Maybe use a template to draft what you think (keep it concise) then post the draft on pepipoo first for comments. Before you post it off to ALL the parties. And I am sorry but the most likely ones to cough up your refund or arrange to cough it up will be the managing agents.

    You will have to be very forceful with them. No choice, they contracted the clampers, their fault. If you read those other cases similar to yours you'll see what is involved and may find an example LBA specific to a clamping situation.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • give_them_FA
    give_them_FA Posts: 2,998 Forumite
    Thats it. You will be saying you owe nothing because you did nothing wrong; the signage is inadequate; and anyway, and without prejudice to the first two reasons, the fee is excessive. You might post up what you propose to send and let us check it.

    You annoy the managing agents? Do you mean the people that introduce cowboys into the property who then prey on the residents? I bet the residents and maybe their guests have been the only victims of these parasites. Maybe all of you need to cause these people some annoyance!!
  • Pont
    Pont Posts: 1,459 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    As above re: the management company. Who actually owns the properties? Are they aware that their agents are permitting this sort of behaviour on their property? Again as above, it may be worth asking around to see if any other residents have had problems. If so, band together and take on the management company - they've hired these idiot clampers and should therefore be held accountable.

    Back to the clampers. They threatened to crush your car if you didn't pay £300 - in my view that's nothing less than extortion - totally illegal. My guess is if you follow the good advice already given, and see it through, you'll see your readies back. These parking companies rely totally on everyone rolling over and paying up - don't!

    As a quick addition. I've had PCNs from one particular private parking company (Aldi's one of choice!) and, following advice from the peeps here, filed all correspondence in the bin! My 85 year old father had the same, my 77 year old neighbour also. I told both that I would deal with the situation and filed all of their correspondence in the same place. I've now found several more PCNs posted through my letterbox, I live in a small community - we all know each other, to 'deal' with! I'm taking great pleasure in doing so!

    Don't let the b^£*%&ds get you down - follow the advice given here.
  • robredz
    robredz Posts: 1,602 Forumite
    NTC's website is in breach of EU law
    bench-better.pngUS CAN-SPAM Act 2003 - No issues found. bench-worse.pngEU Privacy Regulations 2003 - Some pages violate these regulations. bench-better.pngCopyright Law - No issues found. PriorityURL / DescriptionGuideline Linechevron-down.png p1.pngThis page uses cookies and has no obvious privacy policy. Companies in the EU using cookies must comply with the Privacy and Electronic Communications (EC Directive) Regulations 2003 by providing a privacy policy.EU Privacy Regulations
    chevron-down.png p2.pngThis page has no privacy policy. If your web server logs visits, then every page reachable by a search engine should have a privacy policy explaining what is logged and how the logs are used.EU Privacy Regulations
    chevron-down.png2 issues on 4 pages
    Sue the landowner, managing agent and the PPC, as has been suggested, may be worth indicating to Trading Standards that NTC have an illegal website.
  • give_them_FA
    give_them_FA Posts: 2,998 Forumite
    Sounds good to me Mark. The important one to serve is the management agent/landlord. it can actually be enforced on them.... I wouldn't admit you parked in the wrong bay, given that you haven't been shown any evidence that you did... Is the parking permit marked with the bay number?

    To keep more than one iron in the fire, I would still have a go at a chargeback. You can make the point strongly that you paid only because of illegal threats; under duress.. and that the people you paid are in the process of being outlawed by the Government; and that if they have a problem with the chargeback and think they are in the right they have the option of enforcing their claim in Court...
  • Mark, I would take out all the 'I believe's. For example change "I believe the clamp was unfair and unlawful" to "The clamp WAS unfair and unlawful". They won't be interested in your opinion, we need to talk in facts. There are a couple of those in your letter.
  • Apparently I need to wait until the payment has actually debited my account before they can put me through to do the chargeback.
    As the payment is still pending, can I simply phone up and cancel my debit card etc etc and therefore the payment will get refused, or would they then send the bailiffs over?
  • They won't be sending bailiffs. They have no legal right to do that. Only a court can order bailiffs. That would require them taking you to court (for an amount that they know is illegal, don't hold your breath), you losing, then you not paying the amount the court has decided within the month allowed.

    It's not going to happen.
  • Did you tell your bank that you do not authorise the payment?
  • No i've not told them anything as yet, when I asked for the chargeback they said they need me to wait until the money has debited my account before I request it.
    Shall I phone up and tell them not to let the payment go through?
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