Is My Arguement Valid? RE: Outwith Marked Bay

I apologise wholeheartedly if I this post goes against any guidelines regarding "newbies". I have read all the stickies and many articles on other forums but cannot find anything specific to my case and some information contradicts other information. i.e. some say to ignore a debt collection letter whereas some say to reply with a generic letter.

Having read all the details regarding the Beavis ParkingEye case (which is also quoted on my letter) I feel that this does not apply to my case. In the Beavis case (if my grasp on this is correct) the interest is that a customer whom overstays is preventing another customer from parking and therefore shopping at whatever establishment is in question.

The reason for my ticket was "outwith marked bay" which I guess means "not parking in a marked bay". This was only because the establishment was at cpacity and I had nowhere else to park. Having already booked cinema tickets I didn't have time to wait for a free space so I parked on the edge of a space. I was not obstructing traffic flow or parked on double yellows, I was also not preventing anyone else from parking therefore my actions did not result in any loss of income for the establishment. Their request for £160 is massively unfair considering the circumstances.

I want to argue that their mention of the Beavis case is irrelevant as that was in reference to overstaying in a carpark whereas my case is related to parking outside of a marked bay. Would that work?

I could also argue that there is not adequate signage or maybe I ignore the letter? I don't know if my argument is valid or if I should ignore the letter. Some input on this would be greatly appreciated.

Replies

  • RedxRedx Forumite
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    this seems to be a private parking case but you have not said when it happened nor who the parking company is , nor if it was in england or wales, or elsewhere, nor have you said who is demanding the £160 but I suspect this is a debt letter from DRP

    in which case read post #4 of the NEWBIES sticky thread, and also read the massive thread asking people not to post about DRP drivel

    http://forums.moneysavingexpert.com/showthread.php?t=5035663

    as this was on private land and it appears you broke the rules, nothing can be guaranteed if it went to court, but you can bet the claimant will cite the BEAVIS case, even if its not relevant due to the different issues involved in your case
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • The_Slithy_ToveThe_Slithy_Tove Forumite
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    Your case is no different from all the rest - really.

    If you are at the debt collector stage, i.e. well beyond appeal, then just ignore unless you get a real LBA or court papers.

    Which PPC is it?
  • ChasabiChasabi Forumite
    14 Posts
    The parking charge was from Smart Parking and the letter from DRP.

    I actually have read hundreds of threads and websites and Google'd the crap out of "Debt Recovery Plus Outwith Marked Bay". I've read stickies, forums, websites, etc. for the past 3 hours. My mind is now awash with information, so much so that I cannot come to a conclusion on what is the best course of action. I apologies for asking for some assistance and being as sincere as possible in doing so. I remember when people in forums were helpful. I'll not bother next time!
  • Ralph-yRalph-y Forumite
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    Hi, ....

    when doing research do not read anything that is over a year old ... and preferably under six months ....

    so as well as following the good advice above ....

    have you complained to the cinema ?

    to the manager not the person on the front desk ....

    and to head office ......

    they are now the only people who can stop this ... because if it is at debtcrawler stage then you have prob missed appeal dates :o

    it might all so be worth posting comments on the cinema (after the request to cancel) on social media .....

    good luck

    Ralph:cool:
  • edited 31 March 2016 at 5:22PM
    RedxRedx Forumite
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    edited 31 March 2016 at 5:22PM
    Chasabi wrote: »
    The parking charge was from Smart Parking and the letter from DRP.

    I actually have read hundreds of threads and websites and Google'd the crap out of "Debt Recovery Plus Outwith Marked Bay". I've read stickies, forums, websites, etc. for the past 3 hours. My mind is now awash with information, so much so that I cannot come to a conclusion on what is the best course of action. I apologies for asking for some assistance and being as sincere as possible in doing so. I remember when people in forums were helpful. I'll not bother next time!

    there is no "course of action" , which is why you are not finding it

    its simple, IGNORE DRP

    its too late to appeal to not so smart, which should have been done at the beginning, then taken to popla, for now those chances are gone because you didnt take any "course of action" - instead you IGNORED, so you carry on with that chosen action, which was inaction

    either smart take you to court, or it times out after 6 years (in england or wales)

    if court papers do come (unlikely , but never say never), you need to take action and defend yourself under the small claims court system

    if 6 years elapse, its statute barred and its over

    the 2 threads I pointed out go into great detail about DRP and debt collectors, the advice has been the same for a decade, which is , IGNORE , because its stalemate, neither side budging an inch , threatograms in the post, mainly because that is all they can do, send out empty threats (on here this is generally known as hamster bedding or bog paper)

    your situation is not unique , its a problem caused by breaking the parking rules on private land , doesnt really matter too much how you did it , you can argue your case in court in front of a judge (like Judge Rinder but no theatrics) if it ever gets that far and only a judge can tell you if your argument is a valid one

    at the moment your thread is about debt collectors (which we see dozens of times every week, with the same replies), who are powerless, so ignore them and get on with your life

    post back if you get an LBC or an MCOL, that is when you actually need help and you need a "course of action" , because IGNORE then means a judgment and possibly a CCJ too , affecting your credit rating , until then its empty threats on worthless paper

    ps:- there was nothing wrong with the replies you were given, so you need to chill out a bit or you wont get the help you need at a time when its really needed

    straight talking was what you needed, so you received it , two of us regulars knew you had a DRP letter, that should tell you something !!
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
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