Debt collector parking fine

Jd23_2

Hi there, I would appreciate some help with my parking fine given to me by PCN in march 2013, I live in a block of flats and have my parking space but forgot one evening to put my permit on my dashboard and received a £100 fine. I have never signed any agreement with them as its my space allocated to my flat yet I got the fine. I appealed to them which was rejected and then I followed the advice on this site and ignored the subsequent letters as well as stating imwouldnt pay the fine. Now I have received one today from debt collectors for £154.......not sure what to do now, please help....

Many thanks

peter_the_piper

Did you get a code to go to POPLA for adjudication?
Was it in you deeds/lease that you had to show permit?
Which company?
It not a fine.

Stroma

Hello there and welcome

Okay it's not a fine!

So this company who gave you this unlawful penalty, who are they ? Is this England or Wales ? On the rejection of your appeal did they give you a popla verification code to appeal independently ? Who is writing to you now ?

Thanks

Jd23_2

Hi there,

Many thanks for your reply the company that gave me the fine are...parking control management based in Northampton. The fine was in England and on the rejection letter I can't recall there being a popla number. I have since destroyed the letter, sorry. A company called LEWYLN debt collectors are now writing to me.

There is nothing in writing in the deeds or in my lease about having to display the permit. The company have signs around the car park stating that it must be placed in view but I have never agreed to this and nothing is in writing. I only ever park in my allocated bay for my flat so they know it belongs to me. It is a matter of principle now as when I first took up the flat and was moving in they clamped me as I was unloading my car and wouldn't release it unless I paid the 200pounds, which I did and I never got this back from them. And now this has happened again. I just don't know what to now

Your help with this would be greatly appreciated many thanks

bazster

Ignore the debt collectors, they have no powers, none, nada, zilch. They are just bullies trying to scare you.

You have got the idea: if your leasehold gives you the right to use the parking space and doesn't require you to display a permit then that is an end to the matter, they haven't a leg to stand on. Either (i) continue to ignore them unless they are stupid enough to file a court case, in which case PePiPoo can help you see them off easily or (ii) get the contact details for the management company (for it is they who undoubtedly invited this vermin into the car park) and write to them along the lines that, under the terms of your leasehold, you have the right to use the parking space with no requirement to display a permit and that if their agents PCM continue to send you threats and demands then you will hold both the management company and PCM liable in a harassment claim.

As for the £200 you paid previously, was this within the last six years? If so, you can and should write a Letter Before Action to the clamp company (if it still exists, probably doesn't) and the management company demanding your £200 back. The folks on PePiPoo will help you to do this properly: http://forums.pepipoo.com/index.php?showforum=60

Jd23_2

Hi many thanks for the reply, so I should continue to ignore the debt collectors and it doesn't impinge on my credit rating etc etc and they can't just turn up and take stuff? Apologises for my ignorance never been in this position before:( I will continue to ignore them and I will write to the management company as of tomorrow and keep youmupdated. Yes it was last year that I got clamped.....by the same company PCM ......so I can possibly recover this money then?

Thank you so much for your help and advice I am feeling a little less anxious now thanks again

Orrin

Don't worry they cannot turn up and take things and it won't affect your credit rating.

To do that they have to take you to court, win the case and only if you then refuse to pay can they take enforcement action.

From what you've said it doesn't sound as if that is likely to happen. Complain to the management company and continue to ignore their letters would be my advice.

Jd23_2

That's good too know thank you and have now written a letter to the management company and see what happens from there, thanks again for your help

Coupon-mad

Jd23 wrote: »

Hi many thanks for the reply, so I should continue to ignore the debt collectors and it doesn't impinge on my credit rating etc etc and they can't just turn up and take stuff? Apologises for my ignorance never been in this position before:( I will continue to ignore them and I will write to the management company as of tomorrow and keep youmupdated. Yes it was last year that I got clamped.....by the same company PCM ......so I can possibly recover this money then?

Thank you so much for your help and advice I am feeling a little less anxious now thanks again

You can sue the clampers and the managing agent jointly, and should indeed get a refund (but it involves taking them to Court).

Hovite_2

Coupon-mad wrote: »

You can sue the clampers and the managing agent jointly, and should indeed get a refund (but it involves taking you to Court).

Surely taking "them" to court ?

bazster

Jd23 wrote: »

Hi many thanks for the reply, so I should continue to ignore the debt collectors and it doesn't impinge on my credit rating etc etc and they can't just turn up and take stuff? Apologises for my ignorance never been in this position before:( I will continue to ignore them and I will write to the management company as of tomorrow and keep youmupdated. Yes it was last year that I got clamped.....by the same company PCM ......so I can possibly recover this money then?

Thank you so much for your help and advice I am feeling a little less anxious now thanks again

Absolutely you can recover that money. You have up to 6 years to sue both PCM and the management company (the management company is liable for the actions of its agent PCM). I promise you that making a claim on the small claims track of the county court is easy, I have done it myself and won. But first you need to send them both a Letter Before Action. Go and register on PePiPoo, the people there will help you. It's your money, they had no right to clamp you, so stand up to the b@st@rds and get your money back!