PCM & Newlyn - Private parking fine

londonerryan

Hi everyone.

I'm new to the forum and looking for advice.

Approximately 8 months ago, i visited a friend and stayed the night. I tried to park outside his private block of flats but there were no spaces left (out of the meagre 10 or so spaces available). So, i went to look in the adjacent road, about 300 metres away, and still no spaces. So, i drove back and decided the best thing to do was to park as close to the wall/bush as i could, on a double yellow line, and not in the way of any other cars. I didn't want to drive home either as it was about midnight, pouring with rain, and about 2 hours away.

I went down early in the morning (about 7.30am) to move my car into a space (hopefully), and i'd received a ticket from PCM (Parking Control Management) at about 6am (these guys get up early!). I also have serious mental health issues and find it incredibly difficult to go too far from my vehicle/home etc. In other words, parking a mile from my friend's house is an impossibility (i can get doctor's note etc to prove this if necessary).

My friends and the forums i read, all said to ignore the fine and all subsequent letters.

I've received about 3 letters asking for the money i owe (increased from original £60 fine) and now i've received my first letter from Newlyn debt collectors who have taken on the case. They sent me a "DO NOT IGNORE THIS LETTER" letter saying i now owe £154.

I've read that i should continue to ignore, that they officially have nothing "on me" (so to speak), they're unlikely to take me to court, and the only people who can come round are debt collectors who are NOT bailiffs (and it's unlikely they will as they need a court order).

This is where i'm at: I never appealed (as i chose to ignore) and my FATHER owns the car (which is always in the UK) but i was legally driving the car (he lives abroad).

My questions are the following:

1. Should i continue to ignore? If so, when will they probably stop bothering me?

2. Should i appeal to Popla? Should i have appealed already?

3. Are Newlyn a bailiffs agency as i've been told? If so, i was of the belief that private carpark companies had no right to use bailiffs (i know there is a difference between bailiffs and debt collectors). Isn't that true?

4. If it goes to court (small claims?), would i have to attend and is it in Northampton? (VERY far from me).

5. In your opinion, in worst case scenario, should i say to whoever it concerns: "I have serious mental health issues, this is distressing to me, i tried to park car elsewhere....." OR "That car? That car belongs to my dad. He lives abroad; good luck with that!" ?

Thanks in advance for any information or advice!

Guys_Dad

If it's your dad's car, how did you get the letters? They would be addressed to him - assuming he is the registered owner.

Waste of time claiming to the PPC or their agents that you have medical issues. Not their concern.

You have ignored till now, so probably best wait unless you get a Northampton Court set of papers. Then come back

londonerryan

Guys_Dad wrote: »

If it's your dad's car, how did you get the letters? They would be addressed to him - assuming he is the registered owner.

Waste of time claiming to the PPC or their agents that you have medical issues. Not their concern.

You have ignored till now, so probably best wait unless you get a Northampton Court set of papers. Then come back

Because i live in my dad's UK home and receive (and open) his post. He just said to ignore it.

Coupon-mad

1. Should i continue to ignore? If so, when will they probably stop bothering me? You can ignore or you can robustly respond. In fact this is already covered in the 'newbies...read this now!' sticky thread under 'DC Debt Collectors'.

2. Should i appeal to Popla? Should i have appealed already? Too late mate.

3. Are Newlyn a bailiffs agency as i've been told? If so, i was of the belief that private carpark companies had no right to use bailiffs (i know there is a difference between bailiffs and debt collectors). Isn't that true? Newlyn have a separate bailiff arm. They are debt collectors in your case (powerless).

4. If it goes to court (small claims?), would i have to attend and is it in Northampton? (VERY far from me). Nope it would be local... yes if you want to win you (or your Dad if the papers come to him) have to attend, like you will see on the forum today re a court win against Parking Eye, you must defend and show up and argue your points. I think it's possible to ask the court to consider your defence in your absence but you'd lose as you do have to show judges the issues in these parking cases (they are not thoroughly familiar with POFA 2012 yet).

5. In your opinion, in worst case scenario, should i say to whoever it concerns: "I have serious mental health issues, this is distressing to me, i tried to park car elsewhere....." OR "That car? That car belongs to my dad. He lives abroad; good luck with that!" ? Neither. See below.




Read the sticky thread please that I mentioned. I would send a robust response in your Dad's name in response to the letters as they are coming to HIM; a robust response as per the link on the sticky thread about a robust response to debt collectors. Or ignore it till small claim papers arrive then your DAD would have to defend. If he's not happy about that then he'll have to name you as the driver before a court claim is started (i.e. now). Do you sometimes live abroad? He could write as keeper, giving your name and address for service (abroad) if you do live there part of the year...it wouldn't be a lie and you would be out of jurisdiction, and then he'd be out of the loop for liability.

londonerryan

Thanks for all the info!

Okay, i read the newbies thread about debt collectors. I saw an image which shows a guy with loads of tickets ignoring court orders. I would have linked it, but it says i can't post links as i'm new.

Another thread suggests the best way nowadays is to respond and not ignore.

Obviously, i've been ignoring for about the last 8 months now, so responding "early" isn't an option.

I was told on another forum that they don't condone lying so i'll tread carefully now...

Is there anybody i could write to and put my case to? Not necessarily Popla. Or, do i have to go straight to PCM first (as i was told by somebody else) with a robust letter (as you suggested)?

I don't want to write too much more just yet aside from, it seems as though i have three options (my own choices): 1 - Ignore until i get a court hearing (which might never happen, i presume?). 2 - Say option A. 3 - Say option B.

Does that last sentence need editing out?

londonerryan

4. If it goes to court (small claims?), would i have to attend and is it in Northampton? (VERY far from me). Nope it would be local... yes if you want to win you (or your Dad if the papers come to him) have to attend, like you will see on the forum today re a court win against Parking Eye, you must defend and show up and argue your points. I think it's possible to ask the court to consider your defence in your absence but you'd lose as you do have to show judges the issues in these parking cases (they are not thoroughly familiar with POFA 2012 yet).

Again, don't want to write too much until somebody tells me how much i can say about my "options"....

My dad owns the car and lives permanently in France. I am a named driver and live permanently in UK.

If my dad is taken to court and just ignores it forever, would they be able to even get a penny off of him? Does UK & France have a small claims thing going on?

Coupon-mad

I saw an image which shows a guy with loads of tickets ignoring court orders.

Ignoring court orders, no, you read the link wrong, they are letters from UKPC that a poster has collected and some rubbish letters from Debt Recovery Plus!

My dad owns the car and lives permanently in France. I am a named driver and live permanently in UK. If my dad is taken to court and just
ignores it forever, would they be able to even get a penny off of him? Does UK & France have a small claims thing going on?

OK in your case ignore it - but keep opening the letters in case Dad gets court papers. Dad is in the safest position compared to you (they cannot pursue him in France) so ignore this like we always used to and like tospig did in the past.

londonerryan

Coupon-mad wrote: »

Ignoring court orders, no, you read the link wrong, they are letters from UKPC that a poster has collected and some rubbish letters from Debt Recovery Plus!

Oops, oh yeah. Read it again.

OK in your case ignore it - but keep opening the letters in case Dad gets court papers. Dad is in the safest position compared to you (they cannot pursue him in France) so ignore this like we always used to and like tospig did in the past.

Okay, cool. He doesn't mind ignoring it, and has told me to tell them the car is in his name, he was driving, send the papers to him. He said to tell anybody who asks that i sent them to him as then i have no acknowledgement what the letters even were.

If it did go to court though, and considering my dad comes to Britain several times a year, would that be a problem? Like a criminal problem?

Coupon-mad

It's not a criminal matter and he's perfectly OK ignoring this.

Stroma

First is this England or Wales ?

If it is

Your dad can always name you as the driver, and then it resets the clock back so you can do an appeal with our help then go to popla if that fails.

Coupon-mad

Stroma wrote: »

First is this England or Wales ?

If it is

Your dad can always name you as the driver, and then it resets the clock back so you can do an appeal with our help then go to popla if that fails.

Not in this case as the poster says they got a windscreen Notice to Driver at the start and ignored it so they wouldn't get another appeal chance. I think it's best if the driver stays anonymous seeing as the keeper lives abroad and would be unaffected by any shenanigans/court.