Euro Car Parks Ltd. Ignoring my letter regarding who driver was

hoohoo

As you have named the driver, the keeper has discharged their liability, so you as the keeper do not have to pay up.

The POFA document has been sloppily drafted because it does not define 'proceedings'. However, a very strong argument is that it means 'legal proceedings'. If if it did not mean that, then 'proceedings' started when the first NtK/NtD was issued,so there would be no need to include the phrase in 5(2), because at that point 'proceedings' would always be occurring anyway, having started somewhere between days 1-14.

Euro Car parks have filed 2 court cases in the last 2 years. Its up to you, but the likelihood of them continuing with a contentious case is low. They want low hanging fruit.

Its a numbers game for them. If they lose in court, they get a ruling that stuffs them up forever (although as a small claims court, it will not be binding). If they don't do court, they can continue to rake in money from people in similar circumstances as yourself.

The_Slithy_Tove

beckyshields wrote: »

Do I have no option but to pay up then? We can't risk a ccj.

Who said anything about getting a CCJ? Do you realise all the steps that are required for that to happen, and how negligent YOU would need to be for that to happen?

beckyshields

I thought that was what happened if it went to court, I clearly haven't grasped how this works at all.

Redx

beckyshields wrote: »

I thought that was what happened if it went to court, I clearly haven't grasped how this works at all.

nope on both counts

you only get a CCJ if you lose in court and also dont pay the judgment awarded by the judge within the time frame (say 28 days)

Umkomaas

beckyshields wrote: »

I thought that was what happened if it went to court, I clearly haven't grasped how this works at all.

1. You go to court
2. You lose your case
3. The Judge awards costs against you
4. You have 28 days to pay up
5. You fail/forget/refuse to pay the costs awarded against you
6. You receive CCJ
7. Credit rating qualified
8. Potential problems getting credit in future.

A few long steps before the hangman pulls the lever.
:A

But all within your own control.

Guys_Dad

beckyshields wrote: »

Do I have no option but to pay up then? We can't risk a ccj.

No. Sorry if I gave that impression. You use the winning template. I was saying that the quote from POFA didn't give the wording to support your argument about keeper and 28 days.

You should continue with your appeal.

bazster

hoohoo wrote: »

Euro Car parks have filed 2 court cases in the last 2 years. Its up to you, but the likelihood of them continuing with a contentious case is low.

That's 2 court cases out of tens-of-thousands of tickets issued by Euro (and those 2 court cases might not even have been over fake parking tickets, they might've been suing a customer or supplier over something else).

Hopefully that puts into perspective the chances of a court case coming out of this!

beckyshields

Ok then, so is it worth replying to BPA or not? Or do I now just wait for another letter from ECP?

Thanks

Coupon-mad

Yes reply to the BPA but don't expect them to budge as they are not on your side! You are talking this shockingly seriously - we've already said this is merely ECP and they don't do court. They admitted as much in a National paper about 3 years ago.

Since posting here on this forum since maybe 2007, I know of ONE case they tried a while back, where the person had parked without permission (not a customer of the retailer) about 10+ times. So ECP tried that one as they were blinded by the money as the tickets numbered double figures - but sadly for them, they were also unprepared for the hearing and they lost spectacularly, couldn't argue their way out of a paper bag.

I have ignored 4 PCNs myself and the first was ECP. I still have the letters from debt collectors (Control Account) here in my handbag to show friends & colleagues if private parking 'fines 'come' up in conversation. I am just an ordinary wife and Mum, used to work in Banking, now work in education and I would never risk my credit rating nor would I tell any poster here to risk it. But this isn't something to take so seriously and it has NO EFFECT on your credit rating at all.

As I say to lots of posters now - what exactly do you think we did before POPLA appeal existed less than 2 years ago?

Did we pay - NOPE.

What did this forum advise? - we told people to ignore the debt collector letters & laugh at them. There are pics galore in then sticky thread called 'PPC Letter Chains' (one of those collated by Crabman, 3rd from the top of this forum) of people's debt collector letter collections!

The sky never fell in. For the love of God stop panicking about CCJs that won't happen. You don't even GET a CCJ even if yours was with a litigious PPC like Parking Eye! Even if a PPC took you to small claims and WON, you still don't get a flippin CCJ if you pay then, look:

http://forums.pepipoo.com/index.php?showtopic=24362

'In order for you to get a CCJ (County Court Judgement) registered against you ALL of the following have to take place
(a) the company concerned have to issue a claim against you. This costs them a fee, typically £30.00 for a normal parking ticket
(b) you either do not enter a defence because you forgot, are daft or some other reason ( in which case the Claimant will request a judgement in default)
OR
much less likely the case actually goes to a hearing and you lose
and
(c) that having lost, you do not pay the Judgement debt within 28 days.

Think about it - this is NOT going to happen, and you won't get a court claim from ECP! People have ignored these for a decade on here.