Please help!! 20+ parking tickets

lyndsay1989

So is there anything I can do regarding the parking tickets I do have? I have received two debt collectors letters, should I ignore them and only respond to anything received after that? Do I have any grounds to appeal the earlier tickets?

Herzlos

lyndsay1989 wrote: »

So is there anything I can do regarding the parking tickets I do have? I have received two debt collectors letters, should I ignore them and only respond to anything received after that? Do I have any grounds to appeal the earlier tickets?

Are any of them recent enough to appeal or are they all at debt collectors stage?

At PPC stage - appeal
At Debt Collection stage - ignore
At court stage - defend.

I wouldn't worry too much about who generated the ticket - it's largely irrelevant.

lyndsay1989

2 are at the debt collection stage. Unfortunately, I threw several away before this, as I was still under the impression that I was to ignore them. I received one this morning for a parking ticket issued on 07/08/2015 which reads:

Outstanding Parking Charge Notice - £120.00

We are writing on behalf of the creditor in relation to an unpaid parking charge. We have obtained your details from DVLA under a "reasonable cause" request as you were the registered keeper of the vehicle specified at the time of the parking incident shown. A Parking Charge has been issued because the vehicle was parked in a manner where the driver attracted a parking charge as brought to the driver's attention via signage and agreed to by the driver when the vehicle was parked on private land managed by the creditor PARKING TICKETING LTD.

A notice to driver, providing details of the incident was issued via a Parking Charge Notice (PCN) that was affixed to the vehicle screen. The driver was required to pay the parking charge within 28 days of issue. The opportunity to pay at the reduced rate has now passed and the full amount is now due by the driver.

As the charge has not yet been paid in full and we do not hold a record of the driver's name and address, we are writing to you as the keeper of the vehicle. As such we now invited you to make payment of the parking charge shown or if you were not the driver of the vehicle at the time of the incident to notify us in writing, acting on behalf of PARKING TICKETING LIMITED, of the name and current serviceable address of the driver. Please also pass this notice to him/her without delay.

If this parking charge remains unpaid after a period of 28 days of this notice and we do not know both the name and current address of the driver, we will have the right to recover the charge from you as the keeper of the vehicle. At this stage we may pass the account to our debt recovery company where further costs may be added.

Herzlos

You can just ignore them then.

If you feel brave, you can name the driver for ONE of them, which will reset the clock and allow the driver to appeal to POPLA, which should get rid of it entirely and give you an extra string in your bow if it ever got to court. You lose the POFA2012 protection from that one instance though as the driver has been named, but still have the rest of the defence points like "not a GPEOL".

Herzlos

Remove that comment; never disclose the driver unless resetting the clock. The parking companies monitor these forums.

The drive can appeal on the same points - the signage is insufficient and doesn't form a contract (doesn't conform to BPA guidelines), the amount asked for is neither a genuine core term (i.e. "park however you like for £100") or a genuine loss (as it's an invoice for breach of contract, it should be to cover their estimated loss. Since it's not a P&D car park and no-one was deprived, it's a loss of £0. Any subsequent costs generated do not count). It's all spelled out in the newbies thread.

Even as the driver, you should be able to get rid of these invoices at POPLA without any real difficulty.

ampersand

nigelbb wrote: »

One of your fellow residents sneaks out & puts a ticket on the car & takes a photo then gets a 10% bounty for each ticket that is paid.

#
Lyndsay, you will not be paying any of these speculative invoices, nor reacting fearfully to them, especially as you now have a parking permit relevant to a specific bay.

How lunatic would it be for that Gollum/Orlick creature/person[impecunious student? thwarted someone?]/ppc, to attempt some gpeol on this speculative income basis?:D

May I just check?
- do you have a wriiten agreement for this permit transfer?
Put together something straightforward but suitably pompous and have both simultaneous signatures witnessed.

- Are you sure this doesn't conflict with their Lease, if not with your partner's?

- Have you made partner's managing agent aware?

- Does your pertner need to do this?
#

Guys Dad #93 =
Re-reading #35 suggests lyndsay used different spaces as they presented themselves. This suggests that op's vehicle has been targeted, adding weight to an 'incentive' scheme being in place.

Back to your #83
'I advertised for a parking space within the building on Friday night and thankfully one of the tenants contacted me and agreed to rent their space to me for £100 a month

At least this notice stayed up long enough to be effective.

As Herzlos reassures you, the i.d. of this person is irrelevant for the moment.

Luckily, your notice wasn't ripped down this time, unless you posted something through doors or letterboxes. The whole scenario suggests someone with time on their hands.

Have you sorted the invoices into those 3 categories?

That's important.

As you were advised earlier, a successful popla appeal[observing the new OSL r!gime, live from today, adjudications from 1 October] would create a precedent to blight further action.

Look after yourself lyndsay, commute safely:).
####
Crossposting apologies to you both, op and H, from this dire connectivity notspot.

The_Deep

It would help if OP listed the dates of all the PCNs less than a month old. The others she will just have to ignore, unless she receives an LBC.

Herzlos

Sorry, I missed a point in my post - the clock resetting "trick" only works if the driver is different to the registered keeper. If the driver and the keeper are the same then it won't work.

The_Deep

How lunatic would it be for that Gollum/Orlick creature/person[impecunious student? thwarted someone?]/ppc, to attempt some gpeol on this speculative income basis?:D

What? There is nothing wrong with self ticketing in certain circumstances. If I lived in an apartment and someone was parking in my space, I would be very cross indeed.

- do you have a wriiten agreement for this permit transfer?
Put together something straightforward but suitably pompous and have both simultenous signatures witnessed.


Be careful putting anything in writing. Admitting to the MA that you are paying another resident to use their space may get them in trouble. Some ASTs/leases, specifically forbid the sub-letting of parking spaces.

lyndsay1989

Ok, so at the moment I have 3 letters. One from Debt Recovery Plus (Notice of Intended Court Action - unpaid parking charge £120.00), another from Debt Recovery Plus (Demand for payment of an unpaid parking charge - £149.00) and one from parking collection services (outstanding parking charge notice - £120.00)

Should I appeal the PCS one using the online appeal form and using the below template from the newbies page?

14th September 2015

Dear Sirs

Re: PCN No.......
I challenge this 'PCN' as keeper of the car, on these main grounds:

a). The sum is disproportionate, does not represent a genuine pre-estimate of loss, nor is it a core price term.
b) The sum is extravagant and unconscionable and cannot be justified.
c). There is no evidence that you have any interest in the land. I will complain to the landowner about your aggressive ticketing.
d). Your 'Notice' fails to comply with the POFA so there can be no keeper liability.
e). I believe that the signs were not seen/are ambiguous and the predominant purpose is to deter so there is no contract to pay this charge, which is a penalty.
Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 or cancel the charge. I will only appeal further if you offer POPLA, the only independent ADR with a scrutiny panel and trained Assessors. The 'IAS' offered by IPC firms will not be used, for well-documented reasons.
''Drop hands'' offer
The charge is baseless but I realise that you may have nominal postage costs. Equally, I have incurred costs for responding to your junk mail dressed up to mimic a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15 so this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days and I will not pursue you for my costs.
Breach of CCRs
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered nor expressly agreed. This 'contract' is cancelled and any obligations now end.
I have kept proof of submission of this appeal and look forward to your reply.

Yours faithfully,




In regards to having written permission, I have text messages from the tenant agreeing to rent his space to me for the sum of £100.00 a month, would this be ok, or would I need to get a written statement for him?