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PREMIER PARKING FINES - Collection notices

mooks175
mooks175 Posts: 4 Newbie
Part of the Furniture Combo Breaker
edited 17 January 2017 at 8:32AM in Parking tickets, fines & parking
Hi,
I am hoping for some urgent help, apologies for long post.
My daughter (student) parked a car (not hers) and purchased ticket for the intended period. Returning before expiry, she found a ticket on the car.
The pay and display ticket had flipped over on the dashboard - not sticky type.:(
She emailed Premier parking with a copy of the valid ticket and asked for it to be reasonably cancelled as there was not intent to deprive them of parking fees. This was rejected as a ticket was not displayed. Photos have been shared of the car with the flipped over ticket in the dashboard.
She following various advices chose not to pay.
The debt collectors are now chasing her aggressively. She once again wrote back to premier parking and the debt collector asking for the ticket to be cancelled, as there was no intention to avoid fees and they had been evidenced as paid, stating also that she has no source of income as a student, and already in debt. Again rejected. Payment of £160 is required.

So one last point. their sign in the car park says a ticket must be displayed. It does not say a valid ticket must be displayed. So really she could argue the point, moot as it may be, we can argue that this is the intention, however my daughter also had no intention to deprive the car parking business of reasonable fees,

Should she pay this ticket? - I know the court is likely to be a lottery, but getting any payment from my daughter is going to be difficult at this time.
3 Options she is given by debt collectors
1. pay in full, 2. offer a payment plan, 3. take legal advice and Go to court.

Don't want it to go to court and risk affecting her future credit rating. alternative is to say she will pay £1 per week because that is all she can afford with no income to make it difficult for them.
«1

Comments

  • Umkomaas
    Umkomaas Posts: 42,991 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 January 2017 at 9:31AM
    Now well beyond any appeal stage. While this shouldn't have been ignored initially, it is now the time to ignore everything short of real court papers.

    Debt collectors can't instigate court proceedings, only the PPC or their solicitors.

    Where people get this idea of going to court affects future credit rating - it's pure hysteria, and what PPCs and debt collectors thrive on. First you'd have to lose at court, then the judge would have to award costs with a deadline of a month to pay (or agree a payment plan), then you'd need to refuse to pay - only then do your worries kick in.

    There's nothing much you can do now other than pay or see what the PPC's next move is.

    Please read the NEWBIES FAQ sticky, particularly post #4 about debt collectors - the stage your daughter is at currently.

    If she gets court papers, come back again on this thread. We can help with a court defence.

    Which 'Premier Parking' is this?

    Premier Park Ltd
    Premier Parking Logistics
    Premier Parking Solutions Ltd

    We can then give you some idea of potential court proceedings.
    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
  • Half_way
    Half_way Posts: 7,426 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    In brief:
    Do not pay, or even think of paying the over inflated charge
    Read the sticky thread
    Complain to the landowner
    Do not identify the driver or give any hints such as wife sister, husband, brother etc
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • fisherjim
    fisherjim Posts: 7,016 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    "Payment of £160 is required."

    No it isn't that figure has been inflated by £60 by the greedy nasty Debt collectors for the fun of sending out bullying letters.

    Eventually they will give up and slide back under the stone they live under.

    It will then go back down to the original fee anyway and you may or may not get a court threat from the ppc not debt collectors.

    Follow Umkomaas advise.
  • Coupon-mad
    Coupon-mad Posts: 149,363 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The debt collectors are now chasing her aggressively. She once again wrote back to premier parking and the debt collector asking for the ticket to be cancelled, as there was no intention to avoid fees and they had been evidenced as paid, stating also that she has no source of income as a student, and already in debt. Again rejected. Payment of £160 is required.
    The debt collectors are writing letters, nothing 'aggressive', stop jumping when they say jump!
    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
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 17 January 2017 at 10:36AM
    If it were to get to court the PPC would struggle. Judges often find for the motorists in flipped ticket cases.

    Had this been a council ticket they most would probably cancel the PCN on appeal, (see MC46)

    http://www.cheshireeast.gov.uk/car_parks_and_parking/penalty_charges/how_to_appeal_against_a_pcn/mitigating_circumstances.aspx.
    You never know how far you can go until you go too far.
  • Hi,
    Thank you for the multiple replies.
    the company is Premier Parking Solutions Limited.

    Meanwhile, my daughter spoke to the debt collector (Debt recovery Plus ltd). they will not accept any low payment plan.

    So it sound like we wait and I guess they will threaten actions further.
    From my perspective, there has been no loss to the provider of the parking service and that has been evidenced to them. looks like they just want to get 40 times the payment amount as good prfit, plus the DRP charges.
  • Half_way
    Half_way Posts: 7,426 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    A few additional points:
    Never speak to so called debt collection companies in relation to parking charges
    The loss issue is almost dead in the water
    Have you complained to the landowner yet?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Not to the land owner yet. I need to find that information, presumably from premier parking.

    My point about loss was around a number of cases that are cited by debt collectors where the motorist had lost were about loss because of overstaying etc. i.e. taking up a space you have not paid for, in my opinion it does not apply here.

    Thanks.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    mooks175 wrote: »
    Not to the land owner yet. I need to find that information, presumably from premier parking.

    My point about loss was around a number of cases that are cited by debt collectors where the motorist had lost were about loss because of overstaying etc. i.e. taking up a space you have not paid for, in my opinion it does not apply here.

    Thanks.

    not s cat in hells chance , town hall , planning and ask who pays the buisness rates on the land in question
    Save a Rachael

    buy a share in crapita
  • Coupon-mad
    Coupon-mad Posts: 149,363 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    mooks175 wrote: »
    Not to the land owner yet. I need to find that information, presumably from premier parking.

    My point about loss was around a number of cases that are cited by debt collectors where the motorist had lost were about loss because of overstaying etc. i.e. taking up a space you have not paid for, in my opinion it does not apply here.
    Debt collectors spout lies and they do not have records of 'cases lost' either at POPLA or in court because DR Plus cannot take these to court. Their threats are toothless.

    PPS could litigate, theoretically, but it's almost unheard of. Stop replying. Stop trying to put forward your reasonable argument, no point.
    Meanwhile, my daughter spoke to the debt collector (Debt recovery Plus ltd). they will not accept any low payment plan.
    DO NOT phone them ever again! Big error. IGNORE THEM.
    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
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