Athens Security Services

systematic1

Hi All,
Interested to hear any views on the following. I'm contesting a parking charge, think i've made a few schoolboy errors along the way...

I've received a pcn from the above company, this was on a company vehicle. I have acknowledged that I was the driver. I've made an informal appeal which was rejected, followed by the formal appeal to IPC which is pending, but I fully expect it to be rejected also.

Classic fluttering ticket case, I have the ticket which can be partially seen in the attendants photo's but is not fully visible.

My main argument being that the ticket was left in the dash in accordance with the requirements laid out on their tariff board, and must have later slipped, blown off, whatever. Putting the onus on either the flimsy non adhesive ticket, or the sign that definitely didn't tell me to superglue it to my dashboard.

Given that i have offered myself as the driver and given my address, and presuming that my kangaroo court appeal is rejected; what is the companies likely next step? will these people be knocking on my door for an ever increasing sum of money for the next 6 years - and if so can I just tell them to go away? Or will this be headed to court first?

Has anyone had similar experiences with this company (or relevant others) that have lead to anything more than angry letters? If not, am i within the law to ignore such correspondence?

Any consideration greatly appreciated.

Quentin

Yes, expect debt collectors and the possibility of a court claim (research them at bmpa to see the "odds")


The newbies faq thread explains what happens after an appeal is rejected

systematic1

Thank you very much for your reply. Sounds like it's time to buy a shredder!
Do debt collectors give an advance warning when they pay a visit? I'd hate for them to come into contact with the sharp end of one of our three german shepherds. They don't like uninvited guests.

Redx

do not buy a shredder, keep all paperwork for 6 years or more

no debt collectors will call at any premises , not without a court order

so unless this went to court , you lost , a judgment is issued by the judge , you fail to pay it , a CCJ is issued after say 28 days of non-payment

only then can the debt be enforced and only then will debt collectors or bailiffs be instructed on the matter

so if you lose in court , pay up , promptly

until then , only letters will arrive

after 6 years, if no court case happens , the matter is closed, because although the debt remains , it cannot be enforced

ps:- you can ignore the paperwork but a judge may ask you awkard questions as to why you did not engage , so if you get an LBC or an MCOL in the post in the next 6 years , engage at those points only

systematic1

Thank you!!
That's great. I'll put the dogs back on full rations, the postman will be delighted.

All points noted and heeded. Can I just question your use of the word premises? In fairness I think you've covered this with the 'any' prefix but I crave clarity: Does that cover a residential address as well, or do you mean only business premises? I only ask as I stated in the OP that it was a company vehicle, but it's my home address that I've (stupidly) offered in the appeal.

When my IPC appeal is rejected I'll sit tight until I receive anything worth the paper it's written on.

Your advice is genuinely helpful and very much appreciated, my grasp of the legality of all this is limited and your clear and concise comments go a long way. Thank you so much Redx.

Umkomaas

Redx quoted 'premises' in the context of debt collectors' visits. That won't happen, so nothing to concern you.

In order to deal with a parking charge effectively, your home address is always best used. Unless the hire company (or your employer) was going to fight this themselves as registered keeper, they would pass on your details (as day to day keeper) to the parking company (including an address for service - usually your domicile) in order for them to absolve themselves from liability under the PoFA 2012.

So no great issue revealing your home address - and why worry with three GSDs on guard!

Redx

you said you acknowledged them as driver and intimated the letters are coming to your home where the dogs reside

I said "premises" as I dont know where you live or what type of building it is

Enforcement Officers can usually attend anywhere they think your assets are AFAIK, so I was using the word as a catch all

the point here is that the MCOL would have been served at this place, the court would be informed of it , so in any judgment the details would be on there and the debt collectors or bailiffs would also attend there

therefore you would know where the legal paperwork went and so where these collectors would be attending anyway , assuming you did not pay the judgment promptly

not going to happen if you lose and pay up promptly, so its all hypothetical

watch any tv programmes about it and you will notice they all have court orders or writs , ussually for non payment

systematic1

Thank you Umkommas and Redx.

I'm still awaiting a response from the company to move the IAS appeal forward, they have 4 days left. They'll have had a busy bank holiday weekend printing tickets, so I shan't rush them.

If it were to go to court and I lost then I would pay any judgement immediately, so sounds like I have no worries regards the knock on the door.

If it went that far, (which looking at the BMPA site looks fairly likely with these guys) is the 'fluttering ticket' a reasonable defense or is it likely to fail?

systematic1

Am I right in thinking the IPC runs the IAS? Their sites are basically identical.

The fine gent who runs AS publicly states the following:

"I was recently invited to become a member of the Steering Committee at The International Parking Community, so I'm looking forward to contributing to policy decisions for the benefit of the parking industry as a whole."

Good job they changed the I in IPC from independent to international...