Threatened with Court Proceedings

robc281274

Hello. I have a parking ticket, issued by a private operator. They are threatening to issue court proceedings but I do not know if they are simply threatening it or will actually go through with it. If they do issue court proceedings I intend to pay as opposed to going to court but will I be able to settle the debt without it affecting my credit record? I.e. when does it appear on someone's record? Is it once proceedings have been issued or is it once someone goes to court and is ordered to pay if they lose the case?
Thanks in advance for any help.

Redx

The latter , and then they fail to pay in full within 30 days , or at all

Ralph-y

which PPC is it and where did this take place?

Ralph

robc281274

It took place in Nottingham last Nov. However my query is of more general nature re CCJ's than getting into the specifics of the ticket

Coupon-mad

We'd rather know which PPC and car park, and help you win it.   

You are less likely to beat this on your own by staying quiet and PLEASE don't go paying it. 

Tell us about the scam PCN and which PPC issued it.  You know from the NEWBIES FAQS thread that we see 99% of cases won or discontinued, when people tell us all and follow our advice when they get a claim.  We even have some posters who turn up to assist people in court, and I am one (Brighton area).

Also what happened when you tried and really insisted, using the EASY method of retailer/landowner complaint?

robc281274

Ok, understood. The ticket was issued by Excel Parking on 11/11/2019 for outstaying a 2hr limit on Eastpoint Retail Park (NG2 3GG) where I had done some shopping at Aldi and then gone for a coffee. I haven't done anything thus far except ignore them however I now have a "letter before claim" saying they will commence legal proceedings if I do not pay by 07/03/20.

Coupon-mad

Right, but any angry retail customer would surely have complained to the Retail Park at the time - or failing that, right now!  As I said, it is the easy method to cancel but MUST be done before a claim is actually issued, so get on it!

You know what to do about the LBC because that stage is covered in the NEWBIES thread, second post.

D_P_Dance

I suspect that well over a million people a year are threatened with court by these companies.  They probably win one in a hundred claims.  The questions you have asked are answered in the stickies and by googling. 

 If they do issue court proceedings I intend to pay 

That is of course your perogative but an MP Recently opined in the House of Commons that some of these companies may have links to organised crime.  If you pay this charge you may well be contributing to white slavery, people smuggling. importing of class A substances and fake Nikes on the High Street.

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.