We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Question. Why is this scenario "legal" and not a crime.. Baffled??

2456

Comments

  • Fruitcake said:

    In your case, what crime do you believe has been committed? Attempting to obtain monies by deception perhaps?
    What do you think would happen if you reported this to the police? I suspect the answer would be along the lines of, "It's a civil matter madam/sir."

    What proof do you have that there was a ticket on display at the time of the alleged event, and the attendant deliberately took misleading photos. I would surmise that you do not have the necessary proof that would stand up in court, and that's how these unregulated companies get away with it.

    Please also tell us the name of the PPC, and the location as it may have cropped up here before.


    Thank you for your reply.   It does seem rather unfair that they can get away with this sort of behavior.   But this is why I was asking the question.  Is it legal?  They have taken photos of the whole car apart from the location of the actual ticket.  

    PPC was Excel



  • Redx said:
    They say you didn't follow the parking rules , you say you did , you paid and displayed !!

    So depends if they are complaining about non payment or failure to display properly

    Thank you for the reply.  They have said the PCN was for failing to display a valid ticket and they have already instigated court proceedings.  The images I received via the SAR confirm they know I paid for a ticket. 
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Why do you (wrongly) think you've missed the landowner complaint route? 

    Do you have a court claim N1 form if so have you acknowledged and defended already?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Why do you (wrongly) think you've missed the landowner complaint route? 

    Do you have a court claim N1 form if so have you acknowledged and defended already?

    Thank you for replying.  Yes all filed and ready to face them in court.   The venue has changed hands several times over the years.  I guess they milk it dry and move on??
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    So have you issued a counter claim with your Defence ?? Or not ?
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    And have you done your WS and evidence (not just the defence at the start of the process)?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas said:
    Is that Excel's photo, of the ticket is displayed in the quarter light?  If it is, it's probable that their camera goon didn't like where you placed it (their signs might say to display on your windscreen or dashboard) so he just slapped a parking charge on your quarter light, snapped his photo and walked away, leaving you holding the ticking time bomb. 

    It's part of everything that's wrong in the private parking sector. But feelings of it being unfair or you being in high dudgeon about it doesn't make anything 'illegal'. Forget that line - it's a complete distraction - and just deal with it with a straight bat to get it removed. 

    Thank you for replying.  The CLEAR photo of the ticket viewable from the quarter light is my photo from the day.  (And thank you as I could not remember what this area in the car was was called).

    Yes my defence will be contract law as per your excellent advice here.  I was just questioning the "legality" of their use of photographic evidence which clearly does not tell the whole story.   It reminds me of this situation.   There are 4 people in a room. Only 3 people are photographed.  Does this mean the fourth person was not there?? 

    What it does highlight though is the lengths these people will go to extract money.   
  • Snakes_Belly
    Snakes_Belly Posts: 3,714 Forumite
    Eighth Anniversary 1,000 Posts Photogenic Name Dropper
    Have you counterclaimed?

    Excel have a habit of taking it to the brink and then pulling at the last minute. If you counterclaim then the hearing has to take place. 




    Nolite te bast--des carborundorum.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.2K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.2K Work, Benefits & Business
  • 600.9K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.