Backdated carpark fine?

terrywhitingw

Back in April 2014 i got a parking fine for being 20mins over my time limit, i ignored the first few letters (as advised) but then the wife started to get worried, so i email the car park company to explain, that it was unfair, and that it was a busy car park, so most, if not all of the 20mins over was spent finding a space and getting two young children in and out of the car. this was sent in sept, after that i heard nothing so assumed all was good...but last week i received a letter from debt recovery plus saying i have until 08/02/16 to pay £149.99 or case gets taken to court!!! can they got back nearly 2yrs?

pappa_golf

terrywhitingw wrote: »

Back in April 2014 i got a parking fine for being 20mins over my time limit, i ignored the first few letters (as advised) but then the wife started to get worried, so i email the car park company to explain, that it was unfair, and that it was a busy car park, so most, if not all of the 20mins over was spent finding a space and getting two young children in and out of the car. this was sent in sept, after that i heard nothing so assumed all was good...but last week i received a letter from debt recovery plus saying i have until 08/02/16 to pay £149.99 or case gets taken to court!!! can they got back nearly 2yrs?

advised by who?


please read this topic regarding debt collectors and act accordingly
https://forums.moneysavingexpert.com/discussion/5035663

Umkomaas

i ignored the first few letters (as advised)

Who advised you?

can they got back nearly 2yrs?

The PPC can go back 6 years.

Please read the NEWBIES FAQ sticky thread, near the top of the forum thread list, one page back from this one. Post #4 is the one to concentrate on in that sticky, it tells you all you need to know about debt collector spam.

Guys_Dad

Well, your late appeal letter admitted that (a) it was you driving and (b) you did overstay. So they don't have to try hard to prove you did it if it goes to court.

You will have to prove that, in some way, they failed to form a proper contract with you. You need, as advised, read the Newbies thread and see what you can salvage from it.

Coupon-mad

Umkomaas wrote: »

Please read the NEWBIES FAQ sticky thread, near the top of the forum thread list, one page back from this one. Post #4 is the one to concentrate on in that sticky, it tells you all you need to know about debt collector spam.

Do as above.

Which PPC was this?

terrywhitingw

Thanks for advise guys! i was advised by a few people to ignore the first few letters, a lot on here and a friend of a friend is solicitor and she said the same, i tried to appeal to car park via their appeal link on their website, but it wouldn't recognise my number plate, so i emailed them, then the letters stopped so thought it was dropped, if it wasn't why has it been nearly 2 yrs since the last letter!

terrywhitingw

the parking company was High view parking

Redx

terrywhitingw wrote: »

Thanks for advise guys! i was advised by a few people to ignore the first few letters, a lot on here and a friend of a friend is solicitor and she said the same, i tried to appeal to car park via their appeal link on their website, but it wouldn't recognise my number plate, so i emailed them, then the letters stopped so thought it was dropped, if it wasn't why has it been nearly 2 yrs since the last letter!

stupid advice from ill-informed people and that solicitor needs to read this forum and read about the Beavis case too, maybe she will represent you in court ? or maybe she doesnt deal with civil law and contract claims ?

why now you ask ? because as mentioned previously they had 6 years to chase this, in court if necessary, so now that the Beavis case was lost in 3 courts (the last being the Supreme Court last november but has been going on for almost 2 years now) ; then they are all on a roll and all chasing up older claims from up to 6 years ago and certainly since oct 2012 (pofa2012)

if you admitted being the driver and overstaying then you handed them a default win, unless you can win on a different legal point ?

maybe these "friends" and "solicitor" will advise you on a court defence if Highview try small claims court (MCOL) ? (although I doubt they could do a better job than the solicitors and barristers that represented Barry)

not a lot you can do other than pay up, or ignore and hope they dont try a court claim via the small claims track in the next 4 years (which Parking Eye do over 30 thousand times a year)- or a landowner cancellation would be ideal in this case !

the NEWBIES sticky thread is where all the info you need resides, including debt collecors and court claims

hope that explains it

Coupon-mad

terrywhitingw wrote: »

Thanks for advise guys! i was advised by a few people to ignore the first few letters, a lot on here and a friend of a friend is solicitor and she said the same, i tried to appeal to car park via their appeal link on their website, but it wouldn't recognise my number plate, so i emailed them, then the letters stopped so thought it was dropped, if it wasn't why has it been nearly 2 yrs since the last letter!

Because you should not have ignored it and it wasn't dropped. We DO NOT advise ignoring these and have not done so for 3 years on this forum!

Your solicitor friend is very out of touch. People have started to be sued mercilessly by the Capita-owned monster firm ParkingEye, since 2013. 30,000 court claims in 2014 alone. That's why we don't tell people to ignore!

Parking firms were waiting for the result of 'ParkingEye v Beavis' in the Supreme Court which was ASTONISHINGLY and GOBSMACKINGLY decided in PE's favour in November in National Consumer week. A judicial hierarchy slap in the face for ordinary drivers going shopping and being held up at the tills or by the retailer (as Barry Beavis was...he didn't just 'need a watch').

That's why old cases are now being followed up. Other parking firms see this as a green light to scrape the barrel and open up old cases again.

Having said that, Highview are not known for court, only the pointless drivel of DRP and Zenith letters which we've told you about above, told you which part of the NEWBIES thread to read. We don't need to discuss those tedious letters ever again (pretty please!).

Finally, what happened when you complained to Tesco, as you of course would? Your Clubcard records show your shopping records going back years. Obviously complain. YES, even now.