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Playing the parking companies at their own game

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Comments

  • Jopkins
    Jopkins Posts: 23 Forumite
    First Post Name Dropper
    edited 13 February at 6:38PM
    pould said:
    Jopkins said:
    You can file a claim for damages for distress for abuse of your data, if you think you have grounds.

    See the current threads by @pould and @Anto_28 who are both suing a PPC.

    But your approach has no legs and is arguably unreasonable conduct.  A cautionary tale:

    http://parking-prankster.blogspot.com/2017/01/parkingeye-win-and-are-awarded.html?m=1
    Thanks for that. I do think this is a far cry from unreasonable behaviour though; I have presented them with evidence that I had a permit, and they have elected to pursue me anyway, meaning I have to deal with their mail and texts frequently (no idea how they got my number!). In my view, that is the unreasonable behaviour, and I am simply trying to ensure I'm compensated for my time.

    I would of course really like to put the shoe on the other foot and see whether the public can take them to court, rather than the other way around - I've got time and don't mind the faff, so if I am able to successfully invoice them for this, that would help other people too.

    I don't really want to claim for abuse of data or distress as I think that would seem a lot more unreasonable than simply charging a reasonable fee - as they do themselves - for my time in dealing with their requests. I just want to give myself the best possible chance in court. 

    I'm confused as to what it is you want to take the PPC to court for, if not a data breach or distress / harassment. Surely a Tort would be on one of those two grounds?
    Hi - my claim would be for unpaid invoices. In the same way that they want to take me to court for not paying their PCNs, as per my original post, after I provided evidence that I was not in breach of contract, they therefore had no reason to be contacting me. So, I informed them that I would issue an Unwanted Contact Charge (using all their own language against them) for each occurrence. Then, each time they sent me a letter or a text, I have sent them an invoice, which so far have gone ignored. 

    Basically, their whole business model (let's ignore for a moment that I had a permit) is that each time I park in a spot without a permit, I agree to pay them £100. So, I have turned it around and given them a clear notice that each time they write to me regarding this specific PCN (after I have given clear evidence that I am not in breach of their terms) they agree to pay me £100, for the trouble of dealing with their correspondence. 

    So I'm not looking for "damages" as such, but trying to use their own business model against them.
  • Jopkins
    Jopkins Posts: 23 Forumite
    First Post Name Dropper
    KeithP said:
    Jopkins said:
    That's really interesting - what is your claim against them?
    It might be simpler for you to read @Anto_28's thread.  ;)
    Sorry I'm really new to this forum and don't find it has a very easy user interface haha - how can I access that? When I click on his username I can't actually see a link to posts made, unless I'm just missing something obvious.
  • pould
    pould Posts: 251 Forumite
    Photogenic Name Dropper First Post First Anniversary
    Jopkins said:
    pould said:
    Jopkins said:
    You can file a claim for damages for distress for abuse of your data, if you think you have grounds.

    See the current threads by @pould and @Anto_28 who are both suing a PPC.

    But your approach has no legs and is arguably unreasonable conduct.  A cautionary tale:

    http://parking-prankster.blogspot.com/2017/01/parkingeye-win-and-are-awarded.html?m=1
    Thanks for that. I do think this is a far cry from unreasonable behaviour though; I have presented them with evidence that I had a permit, and they have elected to pursue me anyway, meaning I have to deal with their mail and texts frequently (no idea how they got my number!). In my view, that is the unreasonable behaviour, and I am simply trying to ensure I'm compensated for my time.

    I would of course really like to put the shoe on the other foot and see whether the public can take them to court, rather than the other way around - I've got time and don't mind the faff, so if I am able to successfully invoice them for this, that would help other people too.

    I don't really want to claim for abuse of data or distress as I think that would seem a lot more unreasonable than simply charging a reasonable fee - as they do themselves - for my time in dealing with their requests. I just want to give myself the best possible chance in court. 

    I'm confused as to what it is you want to take the PPC to court for, if not a data breach or distress / harassment. Surely a Tort would be on one of those two grounds?
    Hi - my claim would be for unpaid invoices. In the same way that they want to take me to court for not paying their PCNs, as per my original post, after I provided evidence that I was not in breach of contract, they therefore had no reason to be contacting me. So, I informed them that I would issue an Unwanted Contact Charge (using all their own language against them) for each occurrence. Then, each time they sent me a letter or a text, I have sent them an invoice, which so far have gone ignored. 

    Basically, their whole business model (let's ignore for a moment that I had a permit) is that each time I park in a spot without a permit, I agree to pay them £100. So, I have turned it around and given them a clear notice that each time they write to me regarding this specific PCN (after I have given clear evidence that I am not in breach of their terms) they agree to pay me £100, for the trouble of dealing with their correspondence. 

    So I'm not looking for "damages" as such, but trying to use their own business model against them.
    Did the PPC agree to a contract with you to pay you each time they sent a letter? If not, you don't have any chance of winning such a tort.

    The law is clear - a contract has to be entered into willingly on both sides. Unless you can demonstrate the PPC consented to the contract, it's game over. 

    These things are much better dealt with by arguing a data breach and harassment. 
  • KeithP
    KeithP Posts: 37,589 Forumite
    Name Dropper First Post First Anniversary
    edited 13 February at 6:56PM
    Jopkins said:
    KeithP said:
    Jopkins said:
    That's really interesting - what is your claim against them?
    It might be simpler for you to read @Anto_28's thread.  ;)
    Sorry I'm really new to this forum and don't find it has a very easy user interface haha - how can I access that? When I click on his username I can't actually see a link to posts made, unless I'm just missing something obvious.

    No you are not new to this forum.

    In May last year you started a very similar thread opening a discussion on exactly the same topic with a remarkably similar thread title...
    Beating them at their own game?

    Why do we now have a new thread? You are just getting the same stuff repeated.
  • Half_way
    Half_way Posts: 7,047 Forumite
    First Anniversary Name Dropper First Post
    @Jopkins Might be better to continue in the original thread that was started 9 months ago
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Coupon-mad
    Coupon-mad Posts: 131,479 Forumite
    Name Dropper First Post Photogenic First Anniversary
    edited 13 February at 11:03PM
    The Parking Prankster link I supplied on page one of your thread (this one), shows how expensive it can be to try to 'invoice' a parking firm.

    @Jopkins, such a claim has no legs, creates no agreed contract and has been deemed unreasonable conduct, as the link showed you.

    I also gave you the username links in my reply so you could hop straight to their profiles & go read the threads by pould & Anto_28 which are better argued.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Jopkins
    Jopkins Posts: 23 Forumite
    First Post Name Dropper
    pould said:
    Jopkins said:
    pould said:
    Jopkins said:
    You can file a claim for damages for distress for abuse of your data, if you think you have grounds.

    See the current threads by @pould and @Anto_28 who are both suing a PPC.

    But your approach has no legs and is arguably unreasonable conduct.  A cautionary tale:

    http://parking-prankster.blogspot.com/2017/01/parkingeye-win-and-are-awarded.html?m=1
    Thanks for that. I do think this is a far cry from unreasonable behaviour though; I have presented them with evidence that I had a permit, and they have elected to pursue me anyway, meaning I have to deal with their mail and texts frequently (no idea how they got my number!). In my view, that is the unreasonable behaviour, and I am simply trying to ensure I'm compensated for my time.

    I would of course really like to put the shoe on the other foot and see whether the public can take them to court, rather than the other way around - I've got time and don't mind the faff, so if I am able to successfully invoice them for this, that would help other people too.

    I don't really want to claim for abuse of data or distress as I think that would seem a lot more unreasonable than simply charging a reasonable fee - as they do themselves - for my time in dealing with their requests. I just want to give myself the best possible chance in court. 

    I'm confused as to what it is you want to take the PPC to court for, if not a data breach or distress / harassment. Surely a Tort would be on one of those two grounds?
    Hi - my claim would be for unpaid invoices. In the same way that they want to take me to court for not paying their PCNs, as per my original post, after I provided evidence that I was not in breach of contract, they therefore had no reason to be contacting me. So, I informed them that I would issue an Unwanted Contact Charge (using all their own language against them) for each occurrence. Then, each time they sent me a letter or a text, I have sent them an invoice, which so far have gone ignored. 

    Basically, their whole business model (let's ignore for a moment that I had a permit) is that each time I park in a spot without a permit, I agree to pay them £100. So, I have turned it around and given them a clear notice that each time they write to me regarding this specific PCN (after I have given clear evidence that I am not in breach of their terms) they agree to pay me £100, for the trouble of dealing with their correspondence. 

    So I'm not looking for "damages" as such, but trying to use their own business model against them.
    Did the PPC agree to a contract with you to pay you each time they sent a letter? If not, you don't have any chance of winning such a tort.

    The law is clear - a contract has to be entered into willingly on both sides. Unless you can demonstrate the PPC consented to the contract, it's game over. 

    These things are much better dealt with by arguing a data breach and harassment. 
    They entered into it by sending me letters after I asked them to stop - exactly in the same way that they would argue that you or I enter into a contract with them by using a parking space. Do you think there is a material, legal difference?
  • Jopkins
    Jopkins Posts: 23 Forumite
    First Post Name Dropper
    KeithP said:
    Jopkins said:
    KeithP said:
    Jopkins said:
    That's really interesting - what is your claim against them?
    It might be simpler for you to read @Anto_28's thread.  ;)
    Sorry I'm really new to this forum and don't find it has a very easy user interface haha - how can I access that? When I click on his username I can't actually see a link to posts made, unless I'm just missing something obvious.

    No you are not new to this forum.

    In May last year you started a very similar thread opening a discussion on exactly the same topic with a remarkably similar thread title...
    Beating them at their own game?

    Why do we now have a new thread? You are just getting the same stuff repeated.
    I am new in that I have made a single post before, a long time ago, and don't know how to navigate the forum properly - I couldn't even find how to get back to my previous thread. I've found it now, but hadn't when I made this post.
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