Private Parking Ticket - will I win at small claim court/ get a CCJ on my record?

betty_bitchslap

Hi,

Last august 29th I parked in an area of a service station belonging to tescos for 1.5 hours, while I watched their in service station CCTV to see where I left my purse. I checked with the 2 sales assistants in the station that confirmed it was fine to park in the area I was in. They confirmed 3 hours free parking is the rule therefore within the rules. 

Going into the service station / main car park there is only one signpost. At the very bottom of this sign in smaller font it states that there is private land and the chance of getting a fine (sign not noticeable enough for you to see if driving). In the surrounding area (petrol station, car wash, etc) of where I parked l, there weren’t any signs up anywhere if any nature. 

However on Sept 4th, the following month, I received a letter saying I breached the rules as it’s Private Land owned by Horizon Parking and that I owed £70 (with option of paying £30 within 2 weeks). 

I received 2 more letters requiring payment. 

Sadly I sent an appeal, but I now see that I should have sent a complaint. I had the appeal rejected in November as it fell “outside of the time to appeal”. I exchanged emails with Horizon in a dispute over the fact there wasn’t anything in my letter/s to state that this clause about a time frame to appeal, in which there absolutely is NOT. 

After a month of correspondence and being repeatedly told to check my letters, they then told me that the matter (having nothing clear to state that the driver only has 28 days to appeal) fell under a policy that was not stated in any of the letters. In the same letter, they stated their correspondence would not continue. I thought they may have dropped the matter, as it was damming that they had nothing sent to me stating a time frame for an appeal. 

However, then I received a letter in the post from Debt Collection Plus on 4/2/22. 

I have since received 3 letters from them and now I’m on my final notice (3 months in a row).

My question is- what steps shall I take next?

Will I be taken to court, given a CCJ? Will that show up on my record if I lose or win? Will it affect my credit score?

If this does happen, am I likely of winning my case? 

I have done some research on this category but need advice, anything would be helpful. My mum advised me to send an email to Debt Recovery Plus, but wanted to get some tips first?

Thanks for anything you can do!

KeithP

betty_bitchslap said:

My question is- what steps shall I take next?

Hello and welcome.

My suggestion is, and frankly I am surprised you haven't done this already, is to complain to Tesco.

Tell them that their staff specifically gave you assurances that it was ok for you to park there for that amount of time. Demand that they instruct Horizon to stop chasing you.

fisherjim

You need to read their correspondence more closely you have an invoice from a private parking company it is not a fine, and neither their letter or signage will state "fine".

Horizon are a contractor to Tesco, they will not "own the land" that is why your first course of action as KeithP states is a complaint to Tesco's management, not Doris on the customer service desk.

The debt recovery company is called Debt Recovery Plus who can be ignored they are just bullies that have no power as you have not got a proven debt.

You cannot automatically get a CCJ unless they take you to court, you loose and then fail to pay.

Complain to Tesco, and read the Newbies thread on here where the scam is all explained in full.

betty_bitchslap

After going into tescos and speaking to shop assistants, I was told that it was to do with the parking people only (Horizon) and was turned away. Tomorrow I will speak to whoever is in charge and chase this up if it’s worth it - Horizon has stopped chasing me now and they have told me it’s in Debt Recovery’s hands? 

Thanks so much Keith for your comment 

KeithP

betty_bitchslap said:

Tomorrow I will speak to whoever is in charge and chase this up if it’s worth it - Horizon has stopped chasing me now and they have told me it’s in Debt Recovery’s hands? 

Of course it is worth it.

Horizon have six years to pursue you through the courts.
Do you want this hanging over you for all that time?

fisherjim

betty_bitchslap said:

After going into tescos and speaking to shop assistants, I was told that it was to do with the parking people only (Horizon) and was turned away. Tomorrow I will speak to whoever is in charge and chase this up if it’s worth it - Horizon has stopped chasing me now and they have told me it’s in Debt Recovery’s hands? 

Thanks so much Keith for your comment 

They have not stopped chasing you they have handed it to their bully boys to twist the knife, when they don't get anywhere DR+ will throw in the towel, and Horizon will continue.

Coupon-mad

Try a complaint to Tesco Dundee, by phone.

betty_bitchslap

KeithP said:

betty_bitchslap said:

Tomorrow I will speak to whoever is in charge and chase this up if it’s worth it - Horizon has stopped chasing me now and they have told me it’s in Debt Recovery’s hands? 

Of course it is worth it.

Horizon have six years to pursue you through the courts.
Do you want this hanging over you for all that time?

Thank you for your help and advice. I want to end this asap!!!

betty_bitchslap

Thanks so much coupon-mad , fishermanjim and KeithP. Will be in touch with the outcome 😬😬 really appreciate the help with this! 

Sandtree

betty_bitchslap said:
Will I be taken to court, given a CCJ? Will that show up on my record if I lose or win? Will it affect my credit score?

A CCJ is a really poor name but we are stuck with it... a court judgement will only go on your public record if the judgement is against you and you fail to settle the judgement within a month. After that it does get added to the register.

Credit score is a made up number by the marketing departments of credit reference agencies and related websites. Lenders look at your credit history and not the score that these websites sell you. They will see that the courts have ordered you to pay and you have failed to do, they will make their own decision on if that impacts their willingness to lend to you... but as you've proven your comfortable ignoring the law then its no surprise that for most it will be a big concern. 

Coupon-mad

Sandtree said:

... but as you've proven your comfortable ignoring the law then its no surprise that for most it will be a big concern. 

In what way has this person ignored the law?

No-one here pays private parking charges.  Utter scam tickets most of the time here, and we win in court.

Things should change once the better PPCs start complying with the new Code of Practice coming in this year and next, now that the rogue industry is regulated.