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Parking Notice received - I paid my fee
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Thank you.
Premier Parking Limited are the company who are chasing me for the 3 minutes they believe I had extra???
No such company. It's all in the detail.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 THREAD0 -
Loadsofchildren123 wrote: »Also in your eventual defence, rely on the doctrine de minimis non curat lex (the law does not concern itself with trifles) - the 3 minutes is a trifling breach that the court should not be troubled with (and in any event comes within permitted grace periods).
This maxim is something of which courts often need reminding.
The common law concept of de minimis non curat lex was expressed in the English decision of The "Reward" (1818) [165 BR 1482]'The Court is not bound to a strictness at once harsh and pedantic in the application of statutes. The law permits the qualification implied in the ancient maxim De minimis non curat lex. Where there are irregularities of very slight consequence, it does not intend that the infliction of penalties should be inflexibly severe. If the deviation were a mere trifle, which, if continued in practice, would weigh little or nothing on the public interest, it might properly be overlooked.'0 -
Loadsofchildren123 wrote: »In this case as its been paid I would still send this letter, both to whichever debt collectors write to you and direct to the PPC. This way you set yourself up for getting costs if this ends up in court. Don't reply with anything other than that you have paid, they have no claim, please stop processing and retaining your data, and quoting this rule. You could also tell them that they are committing a criminal offence under Section 1 of the Protection from Harassment Act and instruct them to cease writing to you immediately. Keep a record of how many times you send it so that you can refer to the letters later and recover postage costs.
You also set yourself up nicely for a counterclaim by doing this.
The debt collectors are the PPC's agents so the PPC is as liable as they are for their actions.
Corrected your typo LOC :-)
I agree with this stance/ suggestion by LOC
The BPA wrote to their members quite some time ago advising to ensure machines were enabled to accept the new coins. This apparently is not difficult.
It the OP is already at DRP stage then it is likely the event took place before the deadline of the old £1 coins.0 -
Typing on my phone today
Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
Hi all,
received letter back from Premier Parking. they are saying this is to stay with Collections, they won't back down.
At the end of their letter they are now saying that I did not put my registration number in correctly to the machine at the car park.
This is the first time they have said this. My ticket does not show a registration number and I have had my car for a number of years so why would I not have put the correct registration number into the machine?
They have not mentioned this before. I am planning to send another letter to them today asking them why this has only just come to light and I would like proof
Any suggestions or help would be gratefully received.
Thanks0 -
Why is it your fault? How about
- the machine did not record the correct input, and recorded something else
- the keypad was so worn that letters were mistaken
- it recorded a partial vrm because someone else had put part of tehir VRM in and given up, and the machiens are deliberately set up to NOT clear this input - because then ythey get more money when people dont realise this
- it mistook an "0" for an "o", when in fact the font used on cars makes them both identical - so the machine should treat them identically. of course they dont....
and so on
So tell them that they cant just make up new reasons out of thin air. You will under no circumstances make any payment EVER to a 3rd party, and will not make payment to them unless a court orders it. They are free to use DRP, but they are their own wasted costs to bear, not yours.0 -
again, a small error in a registration comes under the de minimis principle. Particularly as the keypads on these machines are usually quite low down, unlit and the black colouring inside the indented numbers/letters often wears away making them difficult to see, plus the buttons are often very small which makes it more likely that someone might accidentally press the one next to it and not realise.
Keep writing back. Tell them they must show you in what respect you made a mistake, and provide evidence, and ask them to explain why they are ignoring the obligation to allow drivers who pay to park a grace period to park and pay, complain their machine was difficult to operate and rejected the new £1 coins when the phasing out of the old ones was well underway and there were far more of the new ones in circulation than the old ones.
Tell them that even if an error was made in the VRN, you paid and any error and/or delay in paying is de minimis, and tell them to stop writing to you, otherwise you will consider it to be harassment and, should they ultimately issue proceedings, they must be in no doubt that you will counterclaim. Also ask them to cease processing your data and to destroy it and tell them that, again, if they do not desist from contacting you about this and processing your data, then you will counterclaim for damages in respect of their breaches of the DPA.
Just keep sending the same letter every time. You have a strong defence.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
Thank you nosferatu1001 - much appreciated0
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thank you for your reply loadsofchildren123
much appreciated.
have sent another letter today.0 -
Good job. Just keep going through the motions until they give up or issue proceedings.
When they send a LBC you need to do a different type of response, come back here for help at the time. I've helped draft other complaints (someone posted their complaint letter yesterday here
http://forums.moneysavingexpert.com/showthread.php?p=73406058#post73406058
, it was a good letter and led to the PCN being withdrawn, so in case I don't see your update at the time it might be worth bookmarking that one now).Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0
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