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can I be fined JUST because I didn't appeal within 28 days
meetmarket
Posts: 5 Forumite
I got 3 x PCNs for parking in the gym carpark. I am a member of the gym and have a screen shot of the app showing I was in the gym at the time of PCNs.
BUT, I didn't respond to original PCNs and it got passed to debt collectors. I have sent them my evidence but they say I have to pay because I didn't appeal within 28 days
so, essentially I am expected to pay £510 for not responding to their erroneous PCNs within the timescale that they have specified...
BUT, I didn't respond to original PCNs and it got passed to debt collectors. I have sent them my evidence but they say I have to pay because I didn't appeal within 28 days
so, essentially I am expected to pay £510 for not responding to their erroneous PCNs within the timescale that they have specified...
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Comments
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A private parking company can "fine" no-one. Please read the newbies and a few threads from others. You need to acquaint yourself with the rules of the gamr into which you have been co-opted.You never know how far you can go until you go too far.3
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£510 means they've added £70 to each PCN - a sum they're not entitled to as the Beavis case has already ruled that the PCN charge itself incorporates all costs of the business.
As mentioned above, acquaint yourself with the NEWBIES thread - it'll tell you everything you need to know.Jenni x2 -
yeah, I have read all the newbie information. there is alot of it and it's quite confusing! I can't really establish the answer to my scenario within it all. mostly, people are arguing with the parking company whether they were parked in an unauthorised manner. it's clear cut in my case, that my parking was authorised/I parked according to the rules. BUT are the company likely to win in court, because I didn't appeal when I should have?? my guess is that I would win? but really really, I want them to leave me the hell alone...it's too time consuming and stressful to deal with. how can I make them go away or do I have to go to court to make this happen?0
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No, they won't win based on that. As appeals are not statutory a failure to appeal does not mean you are suddenly liable for whatever rediculous amount the parasites come up with
do NOT engage AT ALL with the stupid debt collectors. The newbies thread is clear on this.You can make them go away by paying them, or suing them, or waiting for them to sue you and winning.Right now there is nothing for you to "deal with"2 -
You ignored the PCNs so you've missed any appeal window with the parking company.
You've received letters from a debt collector - the NEWBIES thread is very clear regarding what you do with debt collectors ... the answer is NOTHING.
Therefore you're in ignore mode* unless or until you receive a real Letter Before Claim from the parking company (or their nominated solicitor). Again the NEWBIES thread (I believe) provides advice on how you determine whether you've received an LBC.
* This doesn't mean you can't still activate Plan A - complain to the landowner/gym to get these cancelled.
Edit - cross-posted with @nosferatu1001Jenni x3 -
yeah, I have read all the newbie information. there is alot of it and it's quite confusing!What's confusing about the 4th post which deals entirely with debt collectors?BUT are the company likely to win in court, because I didn't appeal when I should have??That won't be a reason to lose in court. But that won't be the reason for a court claim to be issued.but really really, I want them to leave me the hell alone...it's too time consuming and stressful to deal with. how can I make them go away or do I have to go to court to make this happen?They won't unless you pay them, a Judge finds in your favour in a court case, or the gym tells them to cancel the charges. I presume you've complained to the gym?Which parking firm is involved?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 Street3 -
yeah, I have read all the newbie information. there is alot of it and it's quite confusing!
Then keep reading it until you are no longer confused. This is not painting by numbers and you are not dealing with John Lewis, you need to treat this seriously, these people ruin lives.You never know how far you can go until you go too far.1 -
No they cannot fine you , or me , or anyone , fining is for idden
They are also not allowed to add on £70 per pcn either , so that cannot happen in courtThey can ask , but they won't get
No you won't find that ignoring them instead of appealing at the time causes you problems , it's not a reason for a court case , non payment of each PCN is the reason for the court case , breach of contract regarding authorising the parking inside the gym
You can and should ignore the debt collector letters , they won't stop but are powerless to act
Name the Parking company2 -
meetmarket said:.it's too time consuming and stressful to deal with.
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If you do pay them it is possible that they have links with organised crime. You therefore could be financing slavery, illegal immigration, and dangerous fake electrical goods. It is better all round if you fight this.
You never know how far you can go until you go too far.0
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