Wondering if to pay or just wait for letters to stop now

mrdubs

Gr1pr said:

mrdubs said:

Thank you for reply. 

Plan A - Emailed Simon Roberts and they (Executive Office) replied within 30 mins to say very sorry but car park nothing to do with them. Found out it was Council land, had no idea who to call or email and couldn't get a sensible answer out of numbers i called.

1) I surely have no ground to win at Popla? But i will try I guess??
2) It was £85 but saying if I pay now its £50 for 14 days 

Discontinuations thread??

Thank you
Dubs

Whilst the land maybe council owned, or not, it could be leased or privately owned, the council will know because of the business rates payable etc , you never told us the location , you told us very little at the start, but clearly your latter replies should have been in the opening post ? Especially the location, many hands make light work 

1) You have no idea what may win at popla, no landowner authority, poor signage, all the usual suspects should be in there

2) then its the full £85 they would chase you for, the default tariff, not the discounted amount of £50

Discontinued cases thread 

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations#latest

How to find out landowner details 

https://forums.moneysavingexpert.com/discussion/6337652/how-to-find-details-of-landowner

landowner (Aviva)

Gr1pr

So not council then, try complaining to the managing agent for the actual site, and direct to Aviva too
Seems to me to be Quadrant shopping centre, which has a car park and happens to have a Sainsbury's as well as a hotel etc, so multiple use , plus a sign at the entrance stating a maximum 3 hours stay 

I have been hearing those tired arguments about why people pay the discounted charge for over 12 years, yet the MPs were so incensed over it they voted through a new regulatory bil over 5 years ago to change things, one of which was to bring down the maximum default tariff , hopefully to go live this year 

Joe public seems to be very afraid of court, even though it's a civil court with only a few people present and a judge acting as referee , more like an interview where contracts, laws and money are discussed 

The Umkomaas thread is only the tip of the iceberg in discontinued cases where parking companies dont have a strong enough case 

mrdubs

Gr1pr said:

So not council then, try complaining to the managing agent for the actual site, and direct to Aviva too
Seems to me to be Quadrant shopping centre, which has a car park and happens to have a Sainsbury's as well as a hotel etc, so multiple use , plus a sign at the entrance stating a maximum 3 hours stay 

I have been hearing those tired arguments about why people pay the discounted charge for over 12 years, yet the MPs were so incensed over it they voted through a new regulatory bil over 5 years ago to change things, one of which was to bring down the maximum default tariff , hopefully to go live this year 

Joe public seems to be very afraid of court, even though it's a civil court with only a few people present and a judge acting as referee , more like an interview where contracts, laws and money are discussed 

The Umkomaas thread is only the tip of the iceberg in discontinued cases where parking companies dont have a strong enough case 

Ok thank you - so even if I went to court it wouldn't affect my credit rating etc etc.

Ill try find the managing agent 

Gr1pr

It definitely would if you didn't pay the sum mentioned by the judgment promptly, within 30 days, but preferably ASAP after the hearing, to avoid credit issues 

https://forums.moneysavingexpert.com/discussion/6534418/court-changes-or-conflicting-advice-ccj#latest

mrdubs

Gr1pr said:

It definitely would if you didn't pay the sum mentioned by the judgment promptly, within 30 days, but preferably ASAP after the hearing, to avoid credit issues 

https://forums.moneysavingexpert.com/discussion/6534418/court-changes-or-conflicting-advice-ccj#latest

Very stressful isn't it. If I dont pay this "fine" then technically they could take me to court (Previously I only thought the land owner could take me to court) - If they take me to court and I lose then I just pay the "fine" and nothing goes on my credit rating??

Its stressful because the time and effort I have spent already is already worth more than the £50 "fine"!

I have emailed Sainsburys asking for the managing agent

Gr1pr

Paying an invoice is the method by which anyone avoids the need for a court claim 

If the roofer fixes your loose roof tiles and you don't pay them , MCOL is their way of obtaining their due

If you went to a restaurant for a meal for two, and legged it when the bill came, court is where they can get the bill paid 

Parking somewhere is a contractual agreement, or should be, so a breach of contract means that money may be due and court is where it is resolved 

Look up the Barry Beavis case from back in 2015, he overstayed, it eventually went to the Supreme court in London, he lost

An overstay is an alleged contractual breach by the driver of the parking contract as defined by the signage terms and conditions . It is a free parking service that becomes remunerated by payment of the invoice, if it is so deemed by the judge, or judges in Barry's case , due to a finding that a contractual breach occurred and liability was established 

In your case, either the vehicle and driver overstayed, or they didn't, if landowner authority exists flowing down to the parking company, then the parking company may have the same legal rights as Parking Eye did , subject to the agreements and authorities required, plus adequate signage 

LDast

You need to get your mindset in the right frame. Firstly stop calling it or even thinking about it as a "fine". It is simply a speculative invoice from an unregulated private parking company for an alleged breach of contract between the driver and the PPC. You, the keeper, don't owe any debt to the PPC unless a judge says so.

There is no danger of any damage to your credit rating. There is no risk on a CCJ on your credit record if you were on of the less than 1% who fight these scammers all the way to a court hearing and lose.

You haven't told us which PPC. Horizon maybe? We don't know whether the PPC has issued an NtK that complies with the requirements of PoFA to even hold the keeper liable.

Gr1pr

They intimated that it was Euro Car Parks , but no redacted pictures of the signage or both sides of the NTK PCN letter yet 

mrdubs

LDast said:

You need to get your mindset in the right frame. Firstly stop calling it or even thinking about it as a "fine". It is simply a speculative invoice from an unregulated private parking company for an alleged breach of contract between the driver and the PPC. You, the keeper, don't owe any debt to the PPC unless a judge says so.

There is no danger of any damage to your credit rating. There is no risk on a CCJ on your credit record if you were on of the less than 1% who fight these scammers all the way to a court hearing and lose.

You haven't told us which PPC. Horizon maybe? We don't know whether the PPC has issued an NtK that complies with the requirements of PoFA to even hold the keeper liable.

Yes sorry, I was referring to it in brackets ("fine") as I know its not a fine.

It is Euro Car Parks - Notice to Keeper - Parking Charge Notice £85

mrdubs

Gr1pr said:

They intimated that it was Euro Car Parks , but no redacted pictures of the signage or both sides of the NTK PCN letter yet 

Its Euro Car Parks, it shows my car (as Keeper) and the entrance and exit times. After I followed the template I have had an email and they picture the signage.