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PCN from Elite Management (MID) ltd....Help

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savvysavermom
savvysavermom Posts: 7 Forumite
edited 21 March 2011 at 5:04PM in Parking tickets, fines & parking
Hi all, I know this is a familiar story but would love some reassurance due to being petrified to ignore the PCN... A friend drove our car whilst doing a gig, and parked along with 6 or so cars on a disused petrol garage. No alternate parking available, and no apparent signage. 2 hours later, said friend, returned to discover a PCN on windscreen. Only to search the garage to discover a tiny sign on a side wall. As this is private land, and I wasn't driving the car (I'm registered keeper), Do I still ignore? and do I send the template letter after I recieve a further notice. Hate anything like this and really debating if I should pay as I couldn't stand going to court?
Yours nervously....
SavvyMommy....
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  • bargepole
    bargepole Posts: 3,231 Forumite
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    savvysavermom wrote: »
    Hi all, I know this is a familiar story ...
    And a familiar reply, you owe them nothing as you couldn't have entered into any contract, so ignore all their junk mail and pay them nothing.

    The chances of them making a County Court claim are about the same as those of Elvis selling you your winning Euromillions lottery ticket (for the second week running) in your local Spar shop.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • savvysavermom
    savvysavermom Posts: 7 Forumite
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    Thanks Bargepole, The notice is a scary document and looks official, I nearly paid it if it wasn't for browsing on Martin's website. How many letters am I anticipating and do I reply to this PCN with Martin's letter template if I do get a letter?
  • trisontana
    trisontana Posts: 9,472 Forumite
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    On no account contact them. That way they have no way of establishing the identity of the driver.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • savvysavermom
    savvysavermom Posts: 7 Forumite
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    I feel like I am breaking the law by challenging this, but I really can't afford to pay the £75/£125 fine. Just still wondering how many letters am I anticipating on recieving from them? and will they send the Baliffs?
  • bargepole
    bargepole Posts: 3,231 Forumite
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    You're just not getting this.

    There are no laws to break with private parking, and there is no "fine" - only official bodies can fine you. No bailiffs can become involved unless the parking company take you to court and win .. never going to happen.

    What you have is a speculative invoice, similar to the email from Nigeria promising vast wealth in return for you sending them an admin fee.

    Tear it into strips and make some bedding for your hamster.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • savvysavermom
    savvysavermom Posts: 7 Forumite
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    Martin suggests gathering evidence if I am subjected to attending court, Do I take a photo of the poor signage and keep all documentation?
  • trisontana
    trisontana Posts: 9,472 Forumite
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    savvysavermom wrote: »
    Martin suggests gathering evidence if I am subjected to attending court, Do I take a photo of the poor signage and keep all documentation?

    You are still taking these people too seriously. It will not end up in court, especially if you don't contact them, thus denying them the information they need regarding the identity of the driver.

    Many of us in here regard that information from Martin as out-of-date and irrelevant. (Sorry Martin!)
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • trisontana
    trisontana Posts: 9,472 Forumite
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    You can see what sort of company they are. This from their website:-

    Elite Management (Midlands) Limited was established to provide a solution to unauthorised and illegal parking on private land.

    Of course there is no such thing as "illegal parking" on private land.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • bargepole
    bargepole Posts: 3,231 Forumite
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    savvysavermom wrote: »
    Martin suggests gathering evidence if I am subjected to attending court, Do I take a photo of the poor signage and keep all documentation?
    You're still not getting it.

    Any contract can only be between the driver and the landowner.

    You weren't driving, and therefore can't be party to any contract. Whether the signs were 10 feet high or written on the back of a postage stamp is irrelevant.

    If the parking company tried a 100,000 to 1 shot at taking you to court, it's up to them to provide evidence that you saw the sign and parked there. Which you didn't. Claim struck out, next case please.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • savvysavermom
    savvysavermom Posts: 7 Forumite
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    Thanks guys, will sit tight and not contact them.... many thanks again for all your responses I have gained 3 grey hairs due to this.... Ho hum, will cry if I do see Elvis selling the winning lotto ticket in my local spar....
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