Private Parking Ticket; Why to Ignore & not pay (Very Long Post)

give_them_FA

Depends a little on semantics, but surely a claim form is an application for a CCJ?

cmrfly01

give_them_FA wrote: »

Depends a little on semantics, but surely a claim form is an application for a CCJ?

Correct, If you are a defendant in a claim, and you go to court and the judge rules in the claimants favour, then yes, you could potentially end up with a CCJ (Although, a County Court Judgement is only registered 28 days after it was issued if you do not settle that CCJ before hand).


However, I highly doubt a Debt Collection Agency would take you to court, unless the debt was a substantial amount, or secured on something.

angel_islington

give_them_FA wrote: »

Depends a little on semantics, but surely a claim form is an application for a CCJ?

It's the way that it's worded makes it sound like all they have to do is ask the court for a CCJ and they get one. No mention of having to win a case first or that the defendant has 28 days to pay. I know this is what they do, they manipulate the truth to prey on the ignorant.

Surely this is trying to obtain money by deception?

angel_islington

cmrfly01 wrote: »

Correct, If you are a defendant in a claim, and you go to court and the judge rules in the claimants favour, then yes, you could potentially end up with a CCJ (Although, a County Court Judgement is only registered 28 days after it was issued if you do not settle that CCJ before hand).


However, I highly doubt a Debt Collection Agency would take you to court, unless the debt was a substantial amount, or secured on something.

It's a very small (ever changing!) amount and it's not secured on anything.

cmrfly01

angel_islington wrote: »

It's the way that it's worded makes it sound like all they have to do is ask the court for a CCJ and they get one. No mention of having to win a case first or that the defendant has 28 days to pay. I know this is what they do, they manipulate the truth to prey on the ignorant.

Surely this is trying to obtain money by deception?

[FONT=Book Antiqua, serif]I wouldn't worry yourself over it to be honest. If they where going to take action against you, they would have done it a year or two ago (Why waste all this money writing and sending letters seeking a small amount from someone, if you actually had a legitimate claim you'd pursue it through the courts after giving the debtor a letter of your intentions to do so). [/FONT]


[FONT=Book Antiqua, serif]It's not trying to obtain money through deception (which would fall under the fraud act 2006), as you technically owe the original company a certain amount of money if you defaulted on an agreement in which was written in accordance to the consumer credit act 1974, however, is it ethical practice for a company to pay off your debt with the original party of the contract, then to pursue the debtor ? Absolutely not. If you owed bob £20, and I paid bob the £20 that you owed him, and came after you for £30 after adding on my administration fees and so on, does this sound like it would stand up in a county court ? Probably not, especially for a small debt amount (It would cost around £70.00 to file a claim in the county court for a sum of £500.00, and then you'd have to pay for your solicitors, and your employees on constructing a solid, water tight case). Most of the credit agreements I have (although I pay on time every time, otherwise It would be pointless pursuing a legal profession, however anyone can fall victim to unemployment or financial difficulties) state that you only give the company to pass your information onto a third party debt collection agency (generally anyone can appoint a third party representative), no where does it state that the debt can be paid off by another party and that they can pursue you for money.[/FONT]


[FONT=Book Antiqua, serif]So, don't worry yourself, just focus on building your credit back up again, in 4 years it'll hit the statutory barred period and drop off your credit file. [/FONT]

Coupon-mad

Credit file? Have I misunderstood your post?

A fake PCN doesn't show up on a credit file, there's no CCA and no default.

cmrfly01

Coupon-mad wrote: »

Credit file? Have I misunderstood your post?

A fake PCN doesn't show up on a credit file, there's no CCA and no default.

If you're referring to angel_islington's post in which I've replied to, then we where on the subject of a debt collection agency chasing him for a consumer credit contract in regards to credit he had and defaulted on by the sounds of it (It was slightly off topic to the Parking charge thread).

angel_islington

Coupon-mad wrote: »

Credit file? Have I misunderstood your post?

A fake PCN doesn't show up on a credit file, there's no CCA and no default.

My bad! I was taking the thread off track, not intentionally. My comment was not parking related.

I will continue via PM.

NewBoy_2

Dear Mr. Richards

Many thanks for the very informative post. I have a question regarding the paragraph you wrote about damages.

Can you tell me why a PPC cannot claim for time spent chasing the debt please. It stands to reason that a parking attentant is paid to patrol the car park anyway but what about the back office staff that potentially spend an hour or so?

I would have thought that the same principle applied but would greatly appreciate your professional opinion on this.

Regards

Stephen_Leak

Your examples are mutually contradictory. The attendant has spent some time just ticketing that particular car, and the office staff would be doing admin' work anyway.

I'd still also be interested in the answer as well, though.