Note their spelling of the word Claimant. 
They go on to say that you have fourteen days to pay up.
We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
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).
LBC Nottingham Park n Ride
caspre12
Posts: 73 Forumite
Hey all
Just need a bit of advice. Car got clamped by private company working on behalf of Nottingham Trams (NET) when we parked at forest park and ride. We didn’t realise the signage saying you had to go on tram to town centre (we walked into town and got tram back)
I paid the £140 to get the clamp removed, even after arguing we had purchased a tram ticket that day but decided to walk due to the nice weather!
I contacted bank to do a chargeback for transaction and I received my £140 back, and now I have received this letter.
I know I'm in wrong for doing that but can they proceed with court and have sufficient evidence to prosecute ? I tried to contact them but no reply, and it’s odd they want a bank transfer but not reference number?
Just need a bit of advice. Car got clamped by private company working on behalf of Nottingham Trams (NET) when we parked at forest park and ride. We didn’t realise the signage saying you had to go on tram to town centre (we walked into town and got tram back)
I paid the £140 to get the clamp removed, even after arguing we had purchased a tram ticket that day but decided to walk due to the nice weather!
I contacted bank to do a chargeback for transaction and I received my £140 back, and now I have received this letter.
I know I'm in wrong for doing that but can they proceed with court and have sufficient evidence to prosecute ? I tried to contact them but no reply, and it’s odd they want a bank transfer but not reference number?
~ Looking for the light at the end of the tunnel ~
0
Comments
-
-
So CPS Midland Ltd have sent you a letter claiming to have been instructed to take action against you but they have failed to state who has instructed them.
But they do state... Note their spelling of the word Claimant.
They go on to say that you have fourteen days to pay up.
Further ramblings mention the Practice Direction on Pre-Action conduct (the PDPAC).
One can only assume they are referring to the...Practice Direction – Pre-Action Conduct and Protocols
The second paragraph of the Introduction in that PDPAC states...2. This Practice Direction applies to disputes where no pre-action protocol approved by the Master of the Rolls applies. A person who knowingly makes a false statement in a pre-action protocol letter or other document prepared in anticipation of legal proceedings may be subject to proceedings for contempt of court.They should be worried by the second sentence there.
Perhaps they don't know about the Pre-Action Protocol for Debt Claims. As a debt claims pre-action protocol exists, the first sentence in that paragraph I've quoted tells us that the PDPAC is not relevant.
The Pre-Action Protocol for Debt Claims gives the victim thirty days to pay.2 -
Wow never realised how many holes in the letter there is!KeithP said:So CPS Midland Ltd have sent you a letter claiming to have been instructed to take action against you but they have failed to state who has instructed them.
But they do state... Note their spelling of the word Claimant.
They go on to say that you have fourteen days to pay up.
Further ramblings mention the Practice Direction on Pre-Action conduct (the PDPAC).
One can only assume they are referring to the...Practice Direction – Pre-Action Conduct and Protocols
The second paragraph of the Introduction in that PDPAC states...2. This Practice Direction applies to disputes where no pre-action protocol approved by the Master of the Rolls applies. A person who knowingly makes a false statement in a pre-action protocol letter or other document prepared in anticipation of legal proceedings may be subject to proceedings for contempt of court.They should be worried by the second sentence there.
Perhaps they don't know about the Pre-Action Protocol for Debt Claims.
That protocol gives the victim thirty days to pay.So what should my next steps be?~ Looking for the light at the end of the tunnel ~1 -
If this is a byelaws 'offence' then it should be a penalty charge, not a parking charge. Any legal proceedings would be via the Magistrates' Court, with any penalty imposed on the defendant being remitted to HM Treasury, not into the coffers of some grubby private parking firm.You might want to seek clarification whether they are pursuing a parking charge under contract law (if so, why are they quoting byelaws in their letter), or a penalty charge under byelaws (if so in what capacity are they acting)?
You should also issue a Freedom of Information request to Nottingham City Council questioning when and via what process the competitive tendering process was undertaken, how many tenderers, what criteria were used, how were CPS Midlands selected (assessment only of written tender, or by interview), and a copy of the contract/agreement to be produced. You could make this a bit sticky for the Council and CPS.Others might want to throw some similarly awkward questions to add.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 -
Did you get a NTK, if so, please post a copy up here, (redacted as necessary).caspre12 said:2 -
This one is unusually hilarious rubbish!
They can't take a byelaws penalty to the small claims track, as if it was a matter of contract law. When you paid the £140 who exactly was the creditor you paid?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 THREAD1 -
Just went in CPS pocket! Which I assume goes back to Nottingham Council?Coupon-mad said:This one is unusually hilarious rubbish!
They can't take a byelaws penalty to the small claims track, as if it was a matter of contract law. When you paid the £140 who exactly was the creditor you paid?~ Looking for the light at the end of the tunnel ~0 -
There was something about clamping and nottingham tram sites on the old pepipoo site, along the lines if that the current set up for clamping on some sites or even all nottingham tram sites may not even be legal.
It may be worth looking at ftla as that has taken on the mantle of pepipoo which appears to be defunctFrom the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"2
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 350.1K Banking & Borrowing
- 252.8K Reduce Debt & Boost Income
- 453.1K Spending & Discounts
- 243K Work, Benefits & Business
- 597.4K Mortgages, Homes & Bills
- 176.5K Life & Family
- 256K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards