Yet another PCM parking ticket - reassurance needed

willy_worry

Hello all. I'm new to the forum so please be gentle.

I've read through many posts regarding PCM/Newlyn.

A few months ago I parked in the free carpark at MeadowHall, Sheffield. The carpark was packed and it was also raining so I parked accross a large hatched area as I had kids with me. The car fit completely inside this area, so therefore not encroaching into the road area. When I returned I had the dreaded yellow envelope on the windscreen.

After reading several posts on this forum, I have ignored all the following 'begging' letters I have since received. I have now received a letter from a debt collecting company called Newlyn saying they have taken over the debt. (£149).

As far as I can see, I have broken no laws, as it is private land, I owe the landowner no money, as it is a free carpark. And if it is a problem area to park, stick up some bollards, if not, make it a proper space as obviously a car can easily fit in it.

So, basically, what is going to happen. I must admit I am starting to worry.

albaredz

It's a shame you didn't come on earlier in your incident as ignoring letters is only recommended if the incident happened in Scotland. It sounds too late to go through the POPLA route - though other posters may clarify this - so if I were you I'd just stick it out and see if they follow through with court papers. Even if they do, if you show you mean business by intending to defend the case, and with help from here and Pepipoo, you will easily beat them.

And by the way, the debt collectors amount to nothing more than an office desk in the PPC's headquarters. They have no legal power to seize money and property from you, or send balliffs, etc, etc. All huff and puff.

kirkbyinfurnesslad_2

Just ignore them, as you are to far down the line

willy_worry

Oh right. Didn't know it was just Scotland. I thought I'd read one that happened at Blue water. I think.!!

So, should I pay he £149.?

albaredz

Nope, you don't pay a penny, no matter which part of the UK you're from. There may be differences in procedure for Scotland and NI compared to England and Wales, but the scams are still out and out scams.

Furthermore, by increasing the invoice to £149 they are effectively turning this "contract" into a penalty, which they simply cannot do. It has no bearing on their "losses" which, as you have pointed out, amounts to zero since it's a free car park.

willy_worry

Thats what i sort of thought. I'm starting to worry incase I go to work one day and come home to find my car gone or clamped.!

albaredz

Nothing to worry about. POFA came into being because the PPCS used clamping as a bargaining chip; the government outlawed clamping, but permitted PPCs to go after registered keepers instead of drivers for these incidents. Because Scotland already had clamping illegal, they couldn't do the same here, so that's why the procedures are different.

So you don't need to worry about clamping, debt collectors, whatever.

willy_worry

albaredz wrote: »

Nothing to worry about. Clamping especially went out with the dinosaurs as far as Scotland's concerned. POFA came into being because the PPCS used clamping as a bargaining chip; the government outlawed clamping, but permitted PPCs to go after registered keepers instead of drivers for these incidents. Because Scotland already had clamping illegal, they couldn't do the same here.

So you don't need to worry about clamping, debt collectors, whatever. They don't even know who the driver on the day was!

Very True..

albaredz

I made a mistake there; sorry, for some reason I had confused you for another thread I was reading and thought this happened in Scotland.

They could still pursue the registered keeper for these "losses", sorry to say, but the up side is that clamping is now illegal, and the chances of them actually taking you to court are slender.

willy_worry

but surely if its a free carpark there is no losses ?

Guys_Dad

That is our point. But PPC offer parking management to landowner's virtually free on the basis that they can fleece motorists who contravene the rules that they set. If you do and don't pay then they claim it's a loss.

Sometimes they win too!