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Pcn - possible court action

Hi guys/girls,

Firstly apologies if my question has been answered elsewhere i have read through a lot this evening and though found some very useful information am still kinda confused on the best way to proceed. Any advice would be greatly appreciated.

In brief, in July 2014 we parked in a private car park on a beachfront. We purchased a ticket to cover the day (witnessed by parking attendant). Ticket placed on dashboard. Later the evening a family relative informed us that we had been issued with a parking ticket, he saw a parking warden place one onto the car, he even told the warden this who didn't care and issued it, stating 'it wasn't displayed on windscreen'
It seems on returning to the car during the day once, the ticket had blown onto the seat.

Being rather militant and going on persons advice (hindsight), we have received a couple of letters requesting payment in excess of £100, which is crazy, being in mind we bought a ticket.

we've now had a letter from:-
(Debt collecter company - debit recovery plus ltd) requesting payment or they will advise parking company to take registered keeper (wife) to court. She is clearly scared by this idea and is now thinking of paying up.

The moral side is well we paid to park there, why should we pay this extortionate amount?! Which is unreasonable.

My question is where do we stand with now appealing? We have spoken to the PCN company nor the debit collector company acting on their behalf. Can we still appeal as we are over 35days? Can we go straight to popla? Some advice would really be appreciated. As said my wife says to pay but morally i just feel its unjust asking for £150 for not displaying the ticket as they alledge, even though we paid £5 to park for the day. I still have the ticket.

Many thanks and apologies if this has gone on abit

Comments

  • Umkomaas
    Umkomaas Posts: 44,390 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please read the NEWBIES FAQ sticky near the top of the forum index (one page back from here).

    You do need to read and understand that sticky as you will have to do a bit of work to get rid of your problem. We will help and guide you, but won't be able to do it for you, so the more knowledge you gain about how to deal with this, the better you will handle it, and the more likely you will be successful.

    But we also do need to know the name of the PPC as this will help us give you better advice, especially on the likelihood of court action.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    #Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    all you need to do is read the NEWBIES sticky thread at the top of this forum, tells you all you need to know about this subject, with a special section on debt collectors too

    you can appeal it to the PPC (who you did not name) but not to DRP (who you should ignore)

    I would ignore it until any LBC or MCOL arrived , then fight it in court seeing as you still have the ticket receipt

    I definitely would not pay it, but there again I would have appealed it in the correct time frames and gone to popla if they are in the BPA

    no you cannot go to popla until the PPC gives you a popla code, which they are unlikely to do

    shame you didnt ask for advice when the NTK came through
  • stuuyb
    stuuyb Posts: 35 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thank you for the response, I will certainly go back through the newbies section. The company is AS parking, or known as Athens security services ltd

    Bearing in mind they are claiming no ticket on display, you think it will make any difference the fact i paid for a ticket and still have it?

    Also what is LBC and MCOL?

    Many thanks
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    acronyms are all explained in the sticky threads, then we dont have to

    the contravention was failure to display, not failure to purchase , same as with the old tax disc on a car, you could receive a "fine" for not purchasing, or a fine for not displaying it , or both

    I doubt it will make any difference to popla or to AS parking, but a judge would make his own mind up based on the evidence before him (or her)
  • Coupon-mad
    Coupon-mad Posts: 161,375 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Parking acronyms are explained in the Newbies thread, and if not there, then Google is your friend!
    Bearing in mind they are claiming no ticket on display, you think it will make any difference the fact i paid for a ticket and still have it?
    None at all - DO NOT talk about who had a ticket/who was driving! You really do just need to read the Newbies thread to get it right v this bunch. 'Kevin' and his 'AS Parking' are a quirky lot and don't like issuing POPLA codes. Follow exactly what the Newbies thread tells you to do and at POPLA stage there are particular AS Parking examples (and PPS examples, very similar) in post #3 of the same sticky. It's why I wrote it, so we didn't have to try to keep up with endless threads (unmanageable).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • stuuyb
    stuuyb Posts: 35 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks will do. I did try and find those acronyms but no joy
  • Fruitcake
    Fruitcake Posts: 59,531 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 October 2014 at 11:45PM
    stuuyb wrote: »
    Thanks will do. I did try and find those acronyms but no joy


    Try post 2 of the NEWBIES thread.


    First hit on google gives the same link.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • stuuyb wrote: »
    Thank you for the response, I will certainly go back through the newbies section. The company is AS parking, or known as Athens security services ltd

    Bearing in mind they are claiming no ticket on display, you think it will make any difference the fact i paid for a ticket and still have it?

    Also what is LBC and MCOL?

    Many thanks

    I would simply write a cease and desist letter to the debt collector referring back to the creditor (AS parking) .

    Kev digs his heels in at giving out POPLA codes so even the RK appealed in time - you would probably not got a code. He lives in a little world of his own.

    I take it down in Cornwall somewhere then - Perranporth perhaps?

    (no need to say on forum mind !)
  • stuuyb
    stuuyb Posts: 35 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hi 4consumerights, thanks for the advice. Just to clarify you would send a cease and desist letter to the debt collecter referring back to th creditor. Sorry if I sound stupid could you elaborate a bit more as to what you mean ( i.e along the lines of what you would say)

    Thanks again!
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