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  • FIRST POST
    • Steveno1091
    • By Steveno1091 21st Mar 18, 4:24 PM
    • 6Posts
    • 0Thanks
    Steveno1091
    CE Enforcement fine - now asking for 140
    • #1
    • 21st Mar 18, 4:24 PM
    CE Enforcement fine - now asking for 140 21st Mar 18 at 4:24 PM
    Hello,

    I am wondering if anyone would be able to help me. Back late last year i had to go to my aunties as my Grandad was ill in hospital and ended up sadly passing away. Where my aunty live there is a private car park at which i parked my car.
    My cousin phoned the company and authorosed my car to park there which i thought was fine at the time.

    I come home and a few days later receive a parking fine from them. After making enquiries they state that my cousin give the first two letters of my registration plate incorrectly so was not complying with their terms.

    I tried appealing this with POPLA as we was all very tired after a long day at the hospital and mistakes happen (im assuming it was my cousins fault) but this was declined.

    I have since ignored letters from them because i refuse to pay as i had permission to park in their car park. I have now received a letter to pay 140 within 14 days otherwise it will go to court/debt collector etc. Unfortunately i ripped this letter up and threw it out with temper because i am so annoyed. I tried explaining all the situation to the company but they had no heart given the situation i was in and just added to the stress.

    Any advice on what i can do as im sure its now going to go to court?

    Thanks
Page 1
    • Redx
    • By Redx 21st Mar 18, 4:46 PM
    • 17,818 Posts
    • 22,465 Thanks
    Redx
    • #2
    • 21st Mar 18, 4:46 PM
    • #2
    • 21st Mar 18, 4:46 PM
    nothing to do as yet but do not rip up any more letters

    wait and see if a formal LBC or an MCOL come in the post, then deal with them (and only them)- CEL have 6 years to try a court claim

    IGNORE any debt collector letters but keep them all in a folder
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • The Deep
    • By The Deep 21st Mar 18, 8:17 PM
    • 9,070 Posts
    • 8,763 Thanks
    The Deep
    • #3
    • 21st Mar 18, 8:17 PM
    • #3
    • 21st Mar 18, 8:17 PM
    It is not a fine, it is an invoice for damages for an alleged breach of contract.

    If this went to court they might struggle to convince a judge that the motorist caused them 100 of damage.

    De minimus not curat lex.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.
    Last edited by The Deep; 21-03-2018 at 8:19 PM.
    You never know how far you can go until you go too far.
    • Steveno1091
    • By Steveno1091 29th Mar 18, 2:08 AM
    • 6 Posts
    • 0 Thanks
    Steveno1091
    • #4
    • 29th Mar 18, 2:08 AM
    • #4
    • 29th Mar 18, 2:08 AM
    Thanks - I will wait for the court letter to come in the post and update this threat !!!55357;!!!56832;
    • Loadsofchildren123
    • By Loadsofchildren123 29th Mar 18, 9:59 AM
    • 1,995 Posts
    • 3,327 Thanks
    Loadsofchildren123
    • #5
    • 29th Mar 18, 9:59 AM
    • #5
    • 29th Mar 18, 9:59 AM
    How can they prove it was your cousin's mistake, not theirs? Your cousin should be adamant that they gave the correct reg.


    A claim is for the CLAIMANT (ie the PPC) to prove. They won't be able to prove whose mistake it was.


    In any event, a mistake of that nature is de minimis and not worth bothering the court with. They could easily have cancelled the PCN when they saw there was a mistake, particularly when they cannot prove whose mistake it was.
    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.
    • Steveno1091
    • By Steveno1091 13th Apr 18, 12:37 PM
    • 6 Posts
    • 0 Thanks
    Steveno1091
    • #6
    • 13th Apr 18, 12:37 PM
    • #6
    • 13th Apr 18, 12:37 PM
    Very true! This is my argument... It seems so petty. It wasn't as if I I didn't try to park there complying with their terms... It is very annoying!
    I'm sure I will receive a court letter any time soon.
    • nosferatu1001
    • By nosferatu1001 13th Apr 18, 12:49 PM
    • 2,281 Posts
    • 2,719 Thanks
    nosferatu1001
    • #7
    • 13th Apr 18, 12:49 PM
    • #7
    • 13th Apr 18, 12:49 PM
    Court claim form, not letter.
    Different mind set.

    I would robustly respodn telling them that this is a trviiality the court should nto be concerned with, so you will apply to hae the claim struck as de minimis.
    • The Deep
    • By The Deep 13th Apr 18, 1:16 PM
    • 9,070 Posts
    • 8,763 Thanks
    The Deep
    • #8
    • 13th Apr 18, 1:16 PM
    • #8
    • 13th Apr 18, 1:16 PM
    I agree with the Count. numberplate mistakes are not something thast a PPC would e able to convince a judge hae damaged them to the tune of 100. Let them take you to court where justice will surely take place.
    You never know how far you can go until you go too far.
    • Toppo1960
    • By Toppo1960 13th Apr 18, 1:24 PM
    • 2 Posts
    • 0 Thanks
    Toppo1960
    • #9
    • 13th Apr 18, 1:24 PM
    • #9
    • 13th Apr 18, 1:24 PM
    These people are bullies... IGNORE just like I have; I have had a debt agency letter for 160 as my wife's ticket had blown over when she shut the door. I am going to act as a McKenzie Friend and appear before the beak!! If it gets that far.
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