Final demand

camilleo

Can anyone help? My 18 year daughter received a parking fine from fistral beach car park, which she paid. She has now received a final demand, when she contacted the debt recovery team they said she had four tickets and had only paid the one! She has never had any other letters and they want proof she never received them?? She now owes over £350 and is facing court, is there anything she can do? 

Redx

She can email a SAR to Initial parking and obtain copies of all paperwork and documents and data for a start !!

She can and should ignore the debt collectors , they are powerless , only Initial can instigate court proceedings , not debt collectors , do not phone them either !! They only want the alleged balance , nothing else , so phoning them is pointless and stressful

She can and should read the newbies FAQ sticky thread near the top of the forum , so show her and tell her to read it very carefully

camilleo

Thank you we will have a look! As you can imagine this is very stressful for such a young girl!! 

Umkomaas

camilleo said:

Thank you we will have a look! As you can imagine this is very stressful for such a young girl!! 

What 'contravention[s)' does she guess she 'committed'?  No payment of fee, insufficient fee paid, overstay, disabled bay parking, parked overnight ......?

D_P_Dance

She owes nothing unless a judge says she does.  If she can prove to a  judge that she paid the scammers are likely to struggle in court.    Goggle videos to see how informal CC hearings are.

Nine times out of ten these tickets are scams, so consider complaining to your MP, sometimes it can lead to cancellation.,

camilleo

It states non payment of fee, when she received the letter it showed her car going in and out so she paid the £60 no other letters have come through but the debt collection agency says there are 3 more tickets outstanding and she needs to prove she didn’t receive them?? How is that even possible?

D_P_Dance

It would be very difficult, If she has no paper proof she would have to convince a judge that, OTBOP, she is telling the truth.

Redx

That is what a SAR. Will ascertain , how many PCN,s and letters were sent , what they said etc , it's about proof they were sent out , not proof of non receipt

Get the paperwork first , things will be clearer then

Fistral beach is pay and display parking , so she must have an idea how many visits were made , and when they were made , and if parking was paid for , or not ?

She was taught to drive , parking is a completely complicated and new topic that she knows little or nothing about , as yet !

Coupon-mad

camilleo said:

It states non payment of fee, when she received the letter it showed her car going in and out so she paid the £60 no other letters have come through but the debt collection agency says there are 3 more tickets outstanding and she needs to prove she didn’t receive them?? How is that even possible?

You do know now NOT to pay these? Why did she pay one?  She doesn't owe £350 and will win in court.

PLEASE READ THE NEWBIES THREAD.

Now do this, so it never happens to anyone you know, or at least to say what you think the level of charge should be.  £50? 

CHANNEL YOUR ANGER ABOUT THESE EXTORTIONATE AND PATHETIC CHARGES, TO CHANGE THE WAY THE PARKING INDUSTRY WORK: An urgent task – deadline approaching in a week or so:

Please now make a real difference because not enough people have yet, and time is running out. 

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED :

1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

 

2.    Register, log into the BSI page, and download & read the cover letter here:

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

 

3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

 

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

 

5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!

There is a discussion about PAS submissions and what the pages look like, here:

https://forums.moneysavingexpert.com/discussion/6195417/am-i-doing-something-wrong/p1

Le_Kirk

When you have completed the consultations, both for PAS 232 and the Code Enforcement Framework, please let us know.

It does take a bit of time for the PAS 232 although you can comment and save and then go back and review/submit later.  The Code Enforcement Framework Consultation is a bit quicker.

To date there have been ONLY 538 (as of Sunday 4th October) comments on the PAS (it is not possible to collect statistics for the Code Enforcement Framework Consultation as far as I know).  I have made over 20 comments and I know other regulars have made comments and some posters have stated they will but if we take an average of 10 comments per person, that is approximately 53 people.  If motorists are to have their say, more of you need to do this.

As we always remind you when advising you on parking appeals and small claims court hearings - do NOT miss this deadline!