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Hello ,first time on here and many thanks for the useful advice so far.
The story so far
driver parks in LPS controlled car park,no machines in operation,leaves note in clear view "sorry machines not working am happy to pay retrospectively" returns to find ticket,being naive phones LPS explains problem is told .THE MACHINES WERE WORKING !PAY UP OR WE WILL TAKE YOU TO COURT,hangs up .
Sends email to LPS pointing out presence of note ,inoperative machines,states legal position,re LPS not entitled to charge penalties or impose fines,informs them that no further coresspondence will be entered into and hears no more for 2 months and now receives the standard pay up with admin costs letter,requesting identification of driver (a bit strange since they had already had correspondence ,our mistake,but so be it won't make that one again.I am quite happy to let this run,wifey is not so happy ,I have told her to ignore,
Please reassure me on the point of no ticket purchased due to no working facility to pay,there were other people who also couldn't pay but wife in a rush and didn't exchange details with them.
As the ticket was issued whilst completely ignoring the note ,which I still have,and despite offering retrospective payment which I think is reasonable ,LPS won't acknowledge this ,I am anticipating the string of letters that others have experienced,what do you say ,my guess is do nothing,which I am happy to do
Many thanks again to all who take an interest in this overly discussed topic
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Replies

  • ManxRedManxRed Forumite
    3.5K Posts
    You have done all the right things so far. You legally owe them the cost of the ticket, although they arguably had a responsibility to ensure a payment method was available (a working ticket machine). You have very reasonably offered to reimburse them their full losses, and they have effectively refused this and instead decided to pursue what amounts to an unenforceable penalty charge.

    That's their lookout.

    You can either send them a cease and desist letter (carefully worded so that no mention of who was driving) stating that any further correspondence will be treated as harassment - and then if they do write back and you're up for it, you can pursue sueing THEM for harassment (along with any contracting party - for example a supermarket or the like if this is such a place where the car park is..).

    Or can you simply ignore them, safe in the knowledge that they'd be absolutely stupid beyond belief to try it on in court.
    Je Suis Cecil.
  • I can't see that you've done anything wrong.

    There was only one problem with appealing to their better nature. They clearly don't have one.

    The more cynical of us on here believe that some PPCs deliberately "nobble" or don't repair P&D machines.
    The acquisition of wealth is no longer the driving force in my life. :)
  • Simple answer. What was the amount you should have paid, had the machine been working? Send them a cheque for that with a letter stating that it is in full and final settlement of any and all liability which the driver of the vehicle (which was not you) has to them.

    I say this because this firm are a total shower of **** but occasionally do try a very badly prepared court claim. I am dealing with one now- if it doesn't get struck out the minute a District Judge reads it. I have never, ever, seen a worse Statement of Claim. Perhaps they should not have got the cleaning lady to do it, but it sounds like she is the only one there who can read and write.

    Aside from that, Kaydee, don't ever contact these winkers again.
  • given your treatment so far, here is your answer,,,IGNORE EVERYTHING,,whether it be threat grams from them or others on their behalf,,simply ignore, nothing can/will be done by these winkers, but i honestly can think of a better name for them,, but if i typed it,, martin would ban me from here,,sine die.
  • As I expected,my thanks to you all.
    Being of an honest persuasion ,I would feel more comfortable paying my dues,so I am tempted to send them the £10 and see if they cash the cheque,at best they go away and wifey is happy at worst it strengthens my case since there is no outstanding debt however small,and if they choose to peruse this it makes them look even more ridiculous than they presently are,
  • Coupon-madCoupon-mad
    111.8K Posts
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    It's up to you but I would never send a PPC £10 to help them perpetuate their scam against the next person. I would feel like I was funding the bullying of, say, the next elderly person to accidentally overstay or park over a line.

    Just ignore it all is my advice. Have never seen a thread on here or on pepipoo of this bunch attempting Court. 90% of PPCs only do the usual debt collector threatograms to hoodwink a fair % of victims into paying. Nothing else is attempted.

    I have ignored a fake PCN myself and many members here have ignored several. It really is no biggie once you know it's a scam - I am of an honest persuasion as well with a clear CRB check and credit record (not that they can affect that without winning in Court, which won't happen).

    And - if you do send the a tenner they will STILL send you the usual letters.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Oh well do nothing it is then,thanks again
  • Kaydee wrote: »
    As I expected,my thanks to you all.
    Being of an honest persuasion ,I would feel more comfortable paying my dues,so I am tempted to send them the £10 and see if they cash the cheque,at best they go away and wifey is happy at worst it strengthens my case since there is no outstanding debt however small,and if they choose to peruse this it makes them look even more ridiculous than they presently are,

    Kaydee, is that the amount you should have paid? Do not give them one penny more than you owe them. If the parking charge was £1, send £1.

    Coupon Mad is right, they will pretty certainly press for the penalty although they are NOT entitled to it. Regard your payment as being an investment since they will, in doing that, leave themselves wide open to be sued for harassment for making unwarranted demands with menaces. Dropping the car park owner in the smelly stuff at the same time, who is that, btw?

    Wouldn't you like to see the owner give them their P45?
  • edited 29 April 2012 at 7:08PM
    Stephen_LeakStephen_Leak
    8.8K Posts
    edited 29 April 2012 at 7:08PM
    Kaydee wrote: »
    As I expected,my thanks to you all.
    Being of an honest persuasion ,I would feel more comfortable paying my dues,so I am tempted to send them the £10 and see if they cash the cheque,at best they go away and wifey is happy at worst it strengthens my case since there is no outstanding debt however small,and if they choose to peruse this it makes them look even more ridiculous than they presently are,

    It has been judged that, by asking for an unreasonable large amount, you waive your right to the reasonable small amount.

    On the other hand, I'd probably also offer it. I may not have much money, but I also don't owe a penny of it to anyone. It gives you "the moral high ground". If it ever did get to court, judges simply love to see this sort of thing.

    But, only offer the exact amount of the charge and offer it in "full and final settlement".

    If they cash the cheque, OK. (I've yet to hear of even a PPC accepting an "F&F" offer and still coming back for the "balance".)

    If they don't cash the cheque and you get the usual standard appeal rejection letter, then I think we can take that as a "no".
    The acquisition of wealth is no longer the driving force in my life. :)
  • £10 is the exact fee for one days parking and that is what they will get,The car park is in Stratford.thanks for the help guys
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