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Park with Ease Vermin

2

Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    grimweasel wrote: »
    Umkommas - The letter before claim was mentioned in the linked template in #4 of Newbie thread.


    How long can one continue to ignore these letters. Applying for mortgage in next month and under strict instructions from Mrs Weasel not to screw up application because of this! ;-)

    Sounds like you are still at the debt collector rubbish stage.

    By the time IF and only IF it gets to court a few months will
    pass and then only if you lost and did not pay would you get
    a CCJ which will go on your credit file.

    Until then, their cannot be any notes added to your credit file
    so applying for a mortgage is no problem unless of course
    you have other CCJ's and nothing to do with this matter
  • Umkomaas
    Umkomaas Posts: 44,223 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You can continue to ignore them for as long as they continue to come (usually one a month for 6 months or so). Do not ignore a LBCCC or real court papers. PWE has six years in which to serve a county court claim.

    A private parking charge cannot affect any mortgage application. An unsatisfied CCJ can, but that would mean PWE taking you to court (which you would defend), the judge finding against you, a cost order being given by the judge with a deadline for payment and you refusing or failing to pay. Then PWE would need to apply for an order of enforcement.

    So tell Mrs Weasel not to imagine that the sky is going to fall down - even though it's billions of years old! :)
    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
  • This is the path you are treading:

    1) Get a PCN
    2) Appeal it using template here -> rejected by the PPC
    3) As this is a IPC member don't appeal to IAS
    4) Receive debt collector letters -> ignore
    5) Receive a real LBC/LBA or MCOL -> take action, defend case

    If at the end of #5 the District Judge decides you lose, he will say "you have 14 days to pay", if you pay within those 14 days then that is that and no CCJ can be registered (as you have paid as the court ordered within the timeframe).

    If at the end of #5 the District Judge decides you win, the whole matter is settled for good and that is that, you pay nothing and in some cases, if you are lucky you can get awarded a small amount of costs that the PPC have to pay you.

    I believe, unless you tell us differently, that you are at stage #4 ... which is why people are telling you to ignore and wait for stage #5 should it ever happen in the 6 years from the time of the event occurring.

    So as long as you follow the advice in the Newbies thread, in this thread and keep an eye out for #5 occurring there should not be a problem with you and Mrs Weasel getting your mortgage - I hope you enjoy your new home!

    Hope this helps?
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 13 September 2017 at 1:27PM
    grimweasel wrote: »
    Quentin - I did read those posts and at the end of #4 it said to send a strong letter and linked to template? So I have done this? Is that wrong?
    #4 doesn't say that.

    Read #4 #5 #6 in this thread

    Have you now had a letter before court action?
  • Thanks again all. What a very helpful and useful community against this scourge on or corporate landscape!!


    I'm at stage #4 - letter from ZZPS demanding payment or extra £30+VAT will be added on referral to solicitors.


    My fight here revolves around their machine being out of order and the expectations to pay on internet, and the facts the signs were not clear etc. I have written to the park and offered to pay the original fee of £3 but nothing more as 5900% increase in costs is plain stupid.


    Luckily I took a picture of the A4 paper over the sign saying it was out of order on the day. I would post here but it won't allow unless a link?


    Thanks again on mortgage advice piece; it's as I thought. As I'm an FCA registered person I need to be very careful with this sort of thing - as any CCJ etc would mean my licence would be withdrawn!
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 13 September 2017 at 2:18PM
    That letter doesn't sound a letter before court action (discussed in #2 in the newbies faq thread)


    It sounds just a debt collectors letter


    Give us word for word what it says (without your details obviously)


    You only get a CCJ registered against you if you ignore court and get a default ccj or lose in court and don't pay up within a month. Your licence isn't in jeopardy because you are getting debt collectors letters over a fake invoice!
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 13 September 2017 at 2:42PM
    grimweasel wrote: »

    I'm at stage #4 - letter from ZZPS demanding payment or extra £30+VAT will be added on referral to solicitors.


    Who do ZZPS think they are .... a PayDay shark loan company

    Terrible scare tactics and very menacing, very clearly
    ROGUE TRADERS and you should complain to Trading Standards
    FAKE CHARGES

    They are idiots, well we know that, a judge would never accept
    this practice and Wright Hassall would risk the wrath of a judge
    if they tried this rubbish

    So ZZPS have entered the seedy world of back street loan sharks
  • Umkomaas
    Umkomaas Posts: 44,223 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thanks again on mortgage advice piece; it's as I thought. As I'm an FCA registered person I need to be very careful with this sort of thing - as any CCJ etc would mean my licence would be withdrawn!
    Just a caveat to what I said before - if you are changing address in the near future (or next 6 years for that matter) given that you're applying soon for a mortgage, you are a bit more exposed to a potential default judgment against you if the PPC issues court papers to your former address.

    They will only use the address they are currently corresponding with, unless you keep them informed of any change. While you have to inform the DVLA of the change (two separate notifications, one for your driver's licence and one for your V5 logbook), the DVLA does not update the PPC, nor can the PPC go back to them to check.

    So given that your employment position could be affected by you not receiving the papers, you need to take extra care in putting wheels in motion to ensure you do not miss any mail while this parking charge is still hanging over you.

    So, as a minimum, written notification to the PPC and any debt collector involved - via first class mail with a free certificate of posting from the post office counter clerk (not signed for/recorded, as many PPCs refuse to accept such). Plus the setting up of a Royal Mail re-direct for as long as possible.

    HTH
    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: 7,657 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    what did you say when you contacted the landowner?
    you need to say the height things to make them aware, and to get it cancelled.post it I here first, before saying or sending anything off.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Hey folks. Back again. Received a letter today from Wright Hassall LLP demanding payment within 14 days otherwise they will take the issue to County Court and I will be liable for the other parties' legal fees too. What should I do next? Ignore this letter and await the court date, then come back here for the self-defence text? Thanks in advance!
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