When do parking letters become harassment

Mike103

Hi guys, long time reader, 1st time poster...

If there are any legal eagles out there, i'd be keen to hear your views...

My wife has been getting letters etc from the APOCA/Roxburghe/Graham White mob, despite the fact that they can't prove that she was the driver of the car (she wasn't), nor can they prove that ANY OFFENCE WAS COMMITTED by whoever was driving...!

Given this, and the fact that she has written to tell them this, when does this become harassment, and what are the possible ways I can get back at them.

Ideas I've had are....

1. Report them to the police for harassment
2. Sue them for damages - her time plus the punitive cost of stress (a jury would really hurt them here i'm guessing)
3. Sue the DVLA for giving out her details without due cause.
4. Some sort of data protection case against the DVLA
5. Instruct some fancy lawyers to take on Graham White, and try to recover costs.

If anyone knows if these are realistic options, let me know.

At this stage, its not about the money. I'm going to give the £207 to charity at Christmas, but it will be wrestled out of my cold dead hands before APOCA get it....

Its about the fact I hate bullies. I'm prepared to burn a few quid here in legal costs to hurt them, so if anyone (who knows the law) has any thoughts, let me know.

Thanks Guys

pogofish

Unless its exceptional, or explicitly stated, in other aspects of harrassment, you usually need at least three instances in order to to demonstrate a course of misbehaviour, so I would imagine that would be a reasonable starting point.

The_Slithy_Tove

Mike103 wrote: »

Ideas I've had are....

1. Report them to the police for harassment

They won't be interested unless it's really serious, which a few letters are not.

Mike103 wrote: »

2. Sue them for damages - her time plus the punitive cost of stress (a jury would really hurt them here i'm guessing)

The best bet, though it'll not get in front of a jury. We're talking small scale here, a few hundred quid at most.

Mike103 wrote: »

3. Sue the DVLA for giving out her details without due cause.

They'll claim due cause, as the registered keeper is their starting point. You won't get anywhere with that approach (even if they are wrong).

Mike103 wrote: »

4. Some sort of data protection case against the DVLA

Forget it. The DVLA have a sneaky exception ot DPA in this case.

Mike103 wrote: »

5. Instruct some fancy lawyers to take on Graham White, and try to recover costs.

If you can find an ambulance chaser who would be interested.

Half_way

When does it become harrasment? after you, or someone else has asked them to stop, and given warning that you consider their actions to be harrasment.


but before you event hink about going down that route you need to ask yourself a few questions:

Was this a pay and display/pay car park, in which you didnt pay the full standard rate? if it was and you didnt pay for whatever reason, you technicaly owe the cost of parking there for that amount of time.

Were you parked in a disabled bay?, even though the bluebadge scheme doesnt apply on private land, and they cant go after you for it, if you do chose the harrasment route, a Judge may not be that sympatetic towards your cause if youve used a disabled space without genuinly requiring one.


Where abouts were you parked, the PPCs and their associated hangers on are likely to be more slipery than a wet fish covered in soap, the real target should be who ever decided to allow the private parking company to operate on their land and act as their agents, for example if this ticket was picked up at a supermarket car park patroled by a PPC, the supermarket who allows the PPC to operate on their land/car park should be held liable, as well as the PPC and all their hangers on.

If you do decide to go for Graham White, then maybe you should go for the elusive Micheal Sobell as well, perhaps you should try and arange to meet Mr Sobell in person to discuss the case and come to an out of court settlement with him.

Coupon-mad

Go for option '2' issuing a clear 'Letter Before Action' (LBA, Google for simple examples) to APCOA (not 'APOCA') and separately an exact copy to the debt collector, Roxburghe, addressed personally to Steve Dargonne. A bit like this guy did to threaten to sue a PPI time-wasting scammer, and he got a payout:

http://www.bbc.co.uk/news/business-20068927

If you want to show APCOA & Roxburghe that you mean business then do not send 'an invoice' like that article mentions, send a LBA with a draft claim form attached, downloaded from MoneyClaimOnline.

In your LBA give them 14 days to pay your wife's amount claimed (a few hundred pounds plus Court fee, expenses like p&p, and interest at 8%).

Then if they do not cough up just file a claim in your wife's name (as it's harassment against her) naming APCOA and the debt collector as jointly and severally liable.

You will get help from pepipoo posters if you make it clear to them that you really are up for this MoneyClaim - they can help you word your claim and cause of action:

http://forums.pepipoo.com/index.php?showforum=60

Good luck, go for it! :T

Mike103

Car was never parked anywhere. Luton airport - they claim it was stopped for setting down or picking up when it wasn't.

Half_way

If your prepared to fight, youve picked the right target, from what i understand APCOA are contracted by luton airport, and if its anything like their operation at East midlands airport, theres several things that you should be able to get luton airport into trouble for.

Dont forget that Luton airport are responsable for the actions of their agents, and those who allow ppcs to opperate are as bad, if not worse than the PPCs themselves.