Will judge let me spread payments? Don’t work - Carer for my disabled son

Sprouts8

I received a letter charging me £160 for parking incorrectly at a small, local retail centre. They state I ignored the first letter charging £60 but I didn’t get anything through the post.

I have had an appeal turned down (by EPS). I explained that I was collecting large boxes from a chemist which form part of my severely disabled son’s prescription (the reason for not parking in a marked bay). The parking attendant even said it was ok but now I find myself threatened with court action. I’m not worried about court as I refuse to be intimidated by this company’s bullying tactics. My question is, if the judge decides in EPS favour, will he allow me to pay in instalments? I am not in a position to pay £160 outright. I don’t work as I am a single parent carer.
Any advise very much appreciated.
ThZnk you do much.

Umkomaas

Rather than worry about what a Judge might or might not do many months away from now (if it were ever to get to a court hearing - and given what you've said about the circumstances, I doubt this ever would), why not get in touch with the chemist and ask them to help.

In addition, write to the Managing Agent of the retail park and get them to intervene (mention the action that could be taken against them under the Equality Act 2010). With a severely disabled son, you really should have a good understanding of the EA 2010, as it is designed to assist you and him.

Sprouts8

Thank you for this advise. I have already asked the chemist for help but didn’t think of contacting the land owners. Will do.

Browntoa

Also contact your local newspaper...they love this sort of thing and often the adverse publicity means they "drop the charge in this case after review"

fisherjim

You are still at debt recovery stage that extra £60 isn't part of the charge, it's for the debt recovery companies Christmas do, and they can't slap that on to a claim anyway.

The_Deep

Given your circumstance, a kindly judge might allow you to pay £1.00 a month, (or even less).

Have you complained to your MP, you should. Read this

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

Sprouts8

Great advise, I will do this. Thank you.

beamerguy

Sprouts8 wrote: »

I received a letter charging me £160 for parking incorrectly at a small, local retail centre. They state I ignored the first letter charging £60 but I didn’t get anything through the post.

I have had an appeal turned down (by EPS). I explained that I was collecting large boxes from a chemist which form part of my severely disabled son’s prescription (the reason for not parking in a marked bay). The parking attendant even said it was ok but now I find myself threatened with court action. I’m not worried about court as I refuse to be intimidated by this company’s bullying tactics. My question is, if the judge decides in EPS favour, will he allow me to pay in instalments? I am not in a position to pay £160 outright. I don’t work as I am a single parent carer.
Any advise very much appreciated.
ThZnk you do much.

EPS are attempting to extort extra money from you.
Did ESP say this or have you a letter from one of the dodgy solicitors

You do not owe £160 .... 100% FAKE

Your best witness is the warden who told you a lie. ESP will know who he is.

Sprouts8

The letter is from EPS not a solicitor. It also says money must be paid by the above date. I’ve read the letter more than a few times and there is no stated “pay by” date, which I’l take as another reason not to pay.

It’s disgustibg that these companies are allowed to conduct business like this. I don’t scare easily but if this was somebody like my father, he would be mortified with the threat of court action and pay without hesitation ��

beamerguy

Sprouts8 wrote: »

The letter is from EPS not a solicitor. It also says money must be paid by the above date. I’ve read the letter more than a few times and there is no stated “pay by” date, which I’l take as another reason not to pay.

EPS are scammers and cannot ask for more than the issued ticket

Do not be misled by this scammer. If they want to go further, then you will get a dodgy solicitors letter called a letter before claim giving you proof of their claim and 30 days to respond.

YOU DO NOT PAY EPS or respond to any stupid debt collector

If you do get a LBC which you have to respond to, you can advise that you will require the warden to be witness in court. He lied to you but will he lie in court ????

It's possible that the EPS letter is illegal as well

MISLEADING AND AGGRESSIVE COMMERCIAL PRACTICES
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721872/misleading-aggressive-commercial-practices-guidance.pdf

Part 1: Liability for misleading and aggressive
practices
The 2008 Regulations make misleading actions unlawful
(see regulation 5). An action by a trader is misleading if it
contains false information or if it is likely to mislead
the average consumer in its overall presentation.

Consumer payments and “civil recovery”
The Regulations amend the definition of a “transactional decision”
to expressly cover demands for payment from a consumer in full
or partial settlement of the consumer’s liabilities or purported
liabilities to the trader (see reg 2(1A) of the 2008 Regulations).
This means that misleading and aggressive practices in respect of
such demands would now clearly lead to both criminal sanctions
(under the 2008 Regulations)

Sprouts8

Thank you so much. I’m determined to take it as far as they want to. I’ll definitely request the warden be a witness if it comes to court.