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Noob error i made - Elite Management (Midlands) Ltd

N4D5
N4D5 Posts: 59 Forumite
edited 5 October 2016 at 10:30AM in Parking tickets, fines & parking
Hi guys,

Hope your well.

Just wanted to quickly run something by you to get your thoughts, and see if I had any defence

Where I work there is loads of private car parks which I regularly use. Couple of days ago I parked in a different car park to my usual as they were all full. The payment for most these car parks is £3 per 12 hours / for the day.

I parked in this new car park clearly within the lines and bought a ticket, was one of the enter registration type of ticket machines. Paid £3 and went to work. Upon my return at 4pm I noticed a ticket on the car which was issued at 1pm. Now I’m thinking wow what’s going on here. So I go over to the ticket machine and notice its £3.50 for 12 hours in my rush this morning I just assumed it was the same even though on the entry and exit to car park there is a massive sign which says £3.50 all day.

I genuinely have made the mistake here but over 50p I have now been issued with a £100 penalty ticket by Elite Management (Midlands) Ltd - (PO BOX 6870, Walsall, WS1 9PD) if paid within 14 days reduced to £60.

My question is do I just take the hit as It was my genuine mistake and pay the £60 and put it down to a massive learn or have I got any appeal here, as I paid £3 which show the expiry time of 3 hours after purchase.

Thanks as always.
Nad
«1

Comments

  • Herzlos
    Herzlos Posts: 15,935 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Appeal as per the newbies thread. You can always offer to reimburse them with the 50p but they'll reject it, they are hoping you'll just pay them the £60.
  • N4D5
    N4D5 Posts: 59 Forumite
    So what grounds should i appeal on. The signs were clear and the error was my own.

    This isnt a case of ignore is it, or should i wait for a NTK.
  • Umkomaas
    Umkomaas Posts: 43,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    N4D5 wrote: »
    So what grounds should i appeal on. The signs were clear and the error was my own.

    This isnt a case of ignore is it, or should i wait for a NTK.

    All set out for you in the newbies FAQ sticky.
    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
  • fil_cad
    fil_cad Posts: 837 Forumite
    Part of the Furniture 500 Posts Photogenic
    Just pay the bummers 50p and enjoy life
    PPCs say its carpark management, BPA say its raising standards..... we all know its just about raking in the revenue. :eek:
  • N4D5
    N4D5 Posts: 59 Forumite
    edited 12 January 2017 at 1:04PM
    Hi guys,

    Just an update on this I waited to see if anything came in the post as this was a dash ticket, finally received a letter from ZZPS dated 23/12/16 i had the original ticket back in October. Been a little busy due to holidays and just got around to sorting this.

    After reading the noobs guide just wanted to check which letter I need to send there is two templates that I can use can someone please confirm which i need to use at this stage.

    The letter received is saying their client Elite Management and the change of £172, which is £72 more then the initial I'm sure.

    The mention they wrote to me previously however this is the first letter I have received from them, There next cause of action is to pass to their clients solicitors an guess who that is Wright Hassall LLP.

    They have mentioned its their duty to advise me that if it gets passed to the solicitors they will add a further £30 plus VAT and there is mention of supreme court ruling (Parking Eye -V- Beavis).

    Was hoping someone can guide me to a letter template I can send ZZPS to stop harassing me and also try to put an end to this.

    The 2 templates I can see on the noobs thread refers to first appeal to PPC and BPA members. Not sure where ZZPS would fit in to this.

    Have read post #4 and can see ZZPS is a joke of a company am i best to wait and see if it proceeds to a court claims and continue ignoring ZZPS strangely even got a text off them not sure where they got my number. Ideally wanting to put to bed before i get any further letters if they do decide to proceed or court

    Thanks for guidance as always.

    N4D
  • N4D5
    N4D5 Posts: 59 Forumite
    edited 12 January 2017 at 1:21PM
    Further to previous post, Found this template will this suffice.
    http://forums.moneysavingexpert.com/showpost.php?p=63699241&postcount=1

    1 - letter to debt collectors (newlyn, debt recovery plus etc)


    Name
    Address

    Date



    Dear Sirs

    Parking Charge Number xxxxx

    I refer to your letter of [insert date], and earlier correspondence.

    Firstly, I have no intention of paying the money demanded by your client, and any court proceedings will be vigorously defended.

    Second, should it be your client's intention to start court proceedings, they must provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct:

    http://www.justice.gov.uk/courts/pro...action_conduct

    Please also note that a failure and/or refusal to comply with the Practice Direction will result in a complaint being made to the court and an application for a stay of the action and costs pursuant to the provisions of paragraph 4 of the Practice Direction on non-compliance and sanctions.

    In the meantime, you should note that this charge is disputed, and you must now refer this matter back to your client and cease and desist all further contact with me. Failure to do so will result in a complaint to the Credit Services Association.

    I trust that I have made myself clear.

    Yours faithfully

    PRINT NAME
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Please read the Newbies Sticky at the top of this forum - not old debt collector threads from 2013!

    Also, this is the most current advice on dealing with Debt Collectors.

    https://forums.moneysavingexpert.com/discussion/5035663
  • Coupon-mad
    Coupon-mad Posts: 153,177 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    N4D5 wrote: »
    Further to previous post, Found this template will this suffice.
    http://forums.moneysavingexpert.com/showpost.php?p=63699241&postcount=1

    1 - letter to debt collectors (newlyn, debt recovery plus etc)


    Name
    Address

    Date



    Dear Sirs

    Parking Charge Number xxxxx

    I refer to your letter of [insert date], and earlier correspondence.

    Firstly, I have no intention of paying the money demanded by your client, and any court proceedings will be vigorously defended.

    Second, should it be your client's intention to start court proceedings, they must provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct:

    http://www.justice.gov.uk/courts/pro...action_conduct

    Please also note that a failure and/or refusal to comply with the Practice Direction will result in a complaint being made to the court and an application for a stay of the action and costs pursuant to the provisions of paragraph 4 of the Practice Direction on non-compliance and sanctions.

    In the meantime, you should note that this charge is disputed, and you must now refer this matter back to your client and cease and desist all further contact with me. Failure to do so will result in a complaint to the Credit Services Association.

    I trust that I have made myself clear.

    Yours faithfully

    PRINT NAME


    The above is not right for debt collectors, that's a draft reply to a solicitor. You do NOT need to respond to debt collectors.
    Was hoping someone can guide me to a letter template I can send ZZPS to stop harassing me and also try to put an end to this.
    If there was such a thing it would be in the sticky thread - and if it was possible to 'put an end' to the laughable debt collector letter chain with a response, then the thread linked by pogofish would not exist!
    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
  • N4D5
    N4D5 Posts: 59 Forumite
    Anyone else getting calls or text messages from Wright Hassall. I’d like to know where they have got my number from. Getting a bit peed off with how they keep calling me and texting me.

    I've not once given them any contact details. Have had a machine call me a few times but recent call was actual person saying they want to speak to ........ to which my response was wrong number. Are they now fully progressing the cases trying to get people to bite.

    I'm still happy to let this go to court on the basis that I've never had any letters from them demanding payment just the ZZPS letter.

    Let’s say my case does go to court and i get a letter before court action. This is where i send all my defence comments in along with the fact that they are trying to charge me for a 50p underpayment or machine misread.

    Just don't want to be in a position if it does get to court that i didn't respond to anyone.

    Thanks as always in advance.
  • Umkomaas
    Umkomaas Posts: 43,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Getting a bit peed off with how they keep calling me and texting me.
    Block their number on your phone.
    Just don't want to be in a position if it does get to court that i didn't respond to anyone
    Look in the NEWBIES FAQ sticky, post #1 p, and scroll down to the sub-section headed Small Claim? Everything you need to know, so you are prepared in advance, is detailed there.
    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
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