"Notice of intention to instruct solicitors to issue summons"

Half_way

Could it be seen as a fraudulent claim/seeking money by deception?

95Rollers

Half_way said:

Could it be seen as a fraudulent claim/seeking money by deception?

I would certainly Report this Scam to Action Fraud for Fraud By False Representation...

The only people who can issue Summons are police, CPS or criminal courts or other official bodies. TMC are powerless chancers.

They are making a False Representation that they have the power to Summons you (which is only available to the above mentioned bodies once relevant thresholds have been met for criminal, traffic and official LAWs). Not some pony parking charges!  So if someone didn't know the law then might get scared and pay through duress!  TNC know this as a legal firm ought to know their area of law (which in this case is civil). BUT that are deliberately lying making a false statement to coax money out of you.

The legal definition is

Fraud by false representation is when someone dishonestly makes an untrue or misleading representation (telling you that you are in "Debt" - it's not a debt until a judge deems it to be - and they will "Summons" you which they have no authority to do for a super trivial Civil matter) with the intention of making a gain for himself  or causing loss to another (,I e robbing you of a legitimate chance to dispute your invoice and unfair terms of a "contract" you didn't agree or were aware of even).

Half_way

95Rollers said:

Half_way said:

Could it be seen as a fraudulent claim/seeking money by deception?

I would certainly Report this Scam to Action Fraud for Fraud By False Representation...

The only people who can issue Summons are police, CPS or criminal courts or other official bodies. TMC are powerless chancers.

They are making a False Representation that they have the power to Summons you (which is only available to the above mentioned bodies once relevant thresholds have been met for criminal, traffic and official LAWs). Not some pony parking charges!  So if someone didn't know the law then might get scared and pay through duress!  TNC know this as a legal firm ought to know their area of law (which in this case is civil). BUT that are deliberately lying making a false statement to coax money out of you.

The legal definition is

Fraud by false representation is when someone dishonestly makes an untrue or misleading representation (telling you that you are in "Debt" - it's not a debt until a judge deems it to be - and they will "Summons" you which they have no authority to do for a super trivial Civil matter) with the intention of making a gain for himself  or causing loss to another (,I e robbing you of a legitimate chance to dispute your invoice and unfair terms of a "contract" you didn't agree or were aware of even).

This really does need stamping on hard, again - where is this car park?

 who's car park is this ?

Johnersh

This is a letter that says they are thinking about doing something. They can instruct a lawyer to pick up their dry cleaning or to put fuel in their car, if they are stupid enough. Maybe they're thinking about that to.... They can Knock themselves out! 

I'd only worry once I had a claim form. But that's just me... 

Fruitcake

AlCapwn said:

So I complained to the BPA who sent me this response. I suspect if I contact IPC, they will tell me to contact BPA.

I can confirm that TNC Collections is a member of our Approved Operator Scheme however, they are only required to adhere to our Code of Practice if they are working on behalf of a private parking operator who is a member of our Approved Operator Scheme.

There are two Accredited Trade Associations for parking on private land – us (the BPA) and the International Parking Community (the IPC).

As the parking operator that TNC Collections are working on behalf of (National Parking Enforcement Ltd) is not a member of our Approved Operator Scheme and instead is a member of the IPC's Accredited Operator Scheme, TNC Collections is required to adhere to the IPC's Code of Practice in this scenario. 

If you require any further information in relation to the IPC or their Code of Practice their website is as follows: https://theipc.info/aos-members/u .

The IPC can be contacted via e-mail using contact@theipc.info or alternatively, they have a web form which can be found using the following URL link: https://theipc.info/user/case/complaint

This is despite TNC using BPA logos in their letters. Any advice?

That should not stop your family member from complaining to the IPC, and their MP if they have not already done so.

Coupon-mad

Johnersh said:

This is a letter that says they are thinking about doing something. They can instruct a lawyer to pick up their dry cleaning or to put fuel in their car, if they are stupid enough. Maybe they're thinking about that to.... They can Knock themselves out! 

I'd only worry once I had a claim form. But that's just me... 

But that's not how it is perceived by the average consumer, as we know.  And that's the point.

I want to see what the IPC say.  Lots of things need to start changing immediately and this is a simple but important step for the industry.

Castle

Administration of Justice Act 1970 Section 40(1)(b):-

Punishment for unlawful harassment of debtors.
(1)A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—
(b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

95Rollers

Castle said:

Administration of Justice Act 1970 Section 40(1)(b):-

Punishment for unlawful harassment of debtors.
(1)A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—
(b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

This needs reporting to the Authorities bigtime! 

A point i forgot to mention is that TNC have no power to instruct any solicitors unless they can produce a notice of transfer of the original "debt" - which they can't as they don't have one, and this parking charge is not a Debt and cannot be bought or sold as a debt. 

BrownTrout

@bargepole @Coupon-mad
Could this be tort of deceit? Or am I of track....
https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/civil-fraud-a-claim-for-deceit

Humdinger1

Slightly left field but still I hope relevant: from Shakespeare's Henry IV

Glendower 'I can call spirits from the vasty deep'.

Hotspur 'Why so can I and so can any man; but will they come when you do call for them?'

Little did I think I'd ever be quoting Shakespeare in this context.  I suppose though there are some relevant themes:  abuse of illegitimately assumed power leaps to mind, I'm not quite sure why.  From memory, one working definition of tragedy is that the main character's downfall is both inevitable because of his inherent character flaws and is directly related to them...of course, you have to have active heroes prepared to take them on.  People like the regulars on this board, say