CE Enforcement fine - now asking for £140

Steo18

Hello,

I am wondering if anyone would be able to help me. Back late last year i had to go to my aunties as my Grandad was ill in hospital and ended up sadly passing away. Where my aunty live there is a private car park at which i parked my car.
My cousin phoned the company and authorosed my car to park there which i thought was fine at the time.

I come home and a few days later receive a parking fine from them. After making enquiries they state that my cousin give the first two letters of my registration plate incorrectly so was not complying with their terms.

I tried appealing this with POPLA as we was all very tired after a long day at the hospital and mistakes happen (im assuming it was my cousins fault) but this was declined.

I have since ignored letters from them because i refuse to pay as i had permission to park in their car park. I have now received a letter to pay £140 within 14 days otherwise it will go to court/debt collector etc. Unfortunately i ripped this letter up and threw it out with temper because i am so annoyed. I tried explaining all the situation to the company but they had no heart given the situation i was in and just added to the stress.

Any advice on what i can do as im sure its now going to go to court?

Thanks

DRAFT DEFENCE ON PAGE 2

Redx

nothing to do as yet but do not rip up any more letters

wait and see if a formal LBC or an MCOL come in the post, then deal with them (and only them)- CEL have 6 years to try a court claim

IGNORE any debt collector letters but keep them all in a folder

The_Deep

It is not a fine, it is an invoice for damages for an alleged breach of contract.

If this went to court they might struggle to convince a judge that the motorist caused them £100 of damage.

De minimus not curat lex.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

Steo18

Thanks - I will wait for the court letter to come in the post and update this threat !!!55357;!!!56832;

Loadsofchildren123

How can they prove it was your cousin's mistake, not theirs? Your cousin should be adamant that they gave the correct reg.


A claim is for the CLAIMANT (ie the PPC) to prove. They won't be able to prove whose mistake it was.


In any event, a mistake of that nature is de minimis and not worth bothering the court with. They could easily have cancelled the PCN when they saw there was a mistake, particularly when they cannot prove whose mistake it was.

Steo18

Very true! This is my argument... It seems so petty. It wasn't as if I I didn't try to park there complying with their terms... It is very annoying!
I'm sure I will receive a court letter any time soon.

nosferatu1001

Court claim form, not letter.
Different mind set.

I would robustly respodn telling them that this is a trviiality the court should nto be concerned with, so you will apply to hae the claim struck as de minimis.

The_Deep

I agree with the Count. numberplate mistakes are not something thast a PPC would e able to convince a judge hae damaged them to the tune of £100. Let them take you to court where justice will surely take place.

Toppo1960

These people are bullies... IGNORE just like I have; I have had a debt agency letter for £160 as my wife's ticket had blown over when she shut the door. I am going to act as a McKenzie Friend and appear before the beak!! If it gets that far.

Steo18

They are indeed bullies! Penalising people when trying to comply with things but it's not good enough...
Further two letters received... Latest from a solicitor asking for £236.00 within 14 days otherwise they are passing this to their litigation department to look to obtain a Ccj.

Do I reply to the solicitor or still ignore?

KeithP

Steveno1091 wrote: »

They are indeed bullies! Penalising people when trying to comply with things but it's not good enough...
Further two letters received... Latest from a solicitor asking for £236.00 within 14 days otherwise they are passing this to their litigation department to look to obtain a Ccj.

Do I reply to the solicitor or still ignore?

Ignore. It's a debt collector's letter.