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  • FIRST POST
    • Mystic-lady
    • By Mystic-lady 7th Aug 18, 1:01 AM
    • 25Posts
    • 16Thanks
    Mystic-lady
    Urgent Help Required: Being threatened with bailiffs for a PCN when ticket states Not a PCN!!
    • #1
    • 7th Aug 18, 1:01 AM
    Urgent Help Required: Being threatened with bailiffs for a PCN when ticket states Not a PCN!! 7th Aug 18 at 1:01 AM
    I took my mother to the theatre, parked the car in a disabled bay displaying my mother’s blue badge together with the pay & display fee ticket on the top. I placed them both at an angle for ease of any warden on the front dashboard as required. As I was placing them my mother started to get out of the car and as it was a blustery night I quickly slammed my door rushing round to help prevent an accident and proceeded to the theatre.

    Post performance, a theatre usher kindly helped my mother back to the car. On approach we noticed a ticket had been placed on my windscreen. The ticket, red card with a black chevron border showed both date/time directly under which it said !ATTENTION! DOCUMENT ENCLOSED (there was nothing enclosed) with “THIS IS NOT A PARKING CHARGE NOTICE” also in bold underneath that.

    As stated, there was nothing other than this card which on the reverse has the company name MyParkingCharge.co.uk together with a serial number and again, the date!

    No address stated on the ticket just web address. No Company registration number. No name of the person or ID of the individual who’d written this so-called ticket.

    I subsequently visited website to see various photos of my husbands car at various angles plus the disabled bay plus a section underneath saying I owed £60! Their website also quotes a Companies House registration which is solely relevant to Excel Parking. In addition to which, their small print says “it works in the style of Excel” not “for and on behalf of Excel” which I would expect. Plus, In a different area of this MCP website they quote a different Companies House registration number, which after research I found belongs to VCS.

    At this stage I phoned DVL who informed my MCP (MyParkingCharge) has no authorisation to obtain drivers details. That said, some days later my husband received a sheet of A4 in the post saying Parking Charge Notice demanding the sum of £100 stating “Parked in a disabled bay without clearly displaying a valid disabled persons badge” This paperwork however clearly shows a picture of their PCN (Parking Charge Notice) which I’ve since been informed by the police is correct, of a yellow notice with a black chevron border clearly stating PCN!

    It sadly appears that as I slammed my door in a rush to help my mother, the fee paid receipt blew over part of her blue badge registration number ie “act of God!”

    As such, I wrote a lengthy email (plus sending a recorded letter version) to MCP showing all relevant documentation pointing out that the notice placed on the windscreen by the warden, for and on their behalf quite clearly states in bold that it isn’t a Parking Charge Notice and as such there is no monies due! They have also chosen to ignore the vast majority of the letter asking about out of pocket expenses, landlords contract etc, etc.

    Last week I received a response email saying my appeal had been rejected. If I wanted to appeal I have no option other than go through IAS (Independent Appeals Service) which again having done further research allegedly appears (according to many reviewers) to be an extension of the same company! MCP will not entertain any other appeal service. Plus have threatened court, bailiffs etc!!!

    I have appealed through this required method but they are totally ignoring, failing take on board or comprehend the ticket placed on my windscreen clearly states the direct opposite to a charge notice. Within that appeal I’ve also clarified that I am more than willing to stand before a civil court to present all the relevant facts/paperwork and let them decide.

    They are totally ignoring the fact whilst the wind blew the ticket, my mother is a valid blue badge holder they have also made an error and inadvertently put a wrong notice on my windscreen!

    I’m in despair, can anyone help me please???

Page 1
    • KeithP
    • By KeithP 7th Aug 18, 1:14 AM
    • 11,432 Posts
    • 11,957 Thanks
    KeithP
    • #2
    • 7th Aug 18, 1:14 AM
    • #2
    • 7th Aug 18, 1:14 AM
    Is your husband the Registered Keeper?

    Wasn't the postal Notice to Keeper addressed to him?

    Why did you appeal rather than the recipient of the postal NtK?

    Unfortunately if you have appealed in your name as the driver of the car, you and your husband have lost some of the protection offered by The Protection of Freedoms Act.

    At this stage there really is nothing you can do other than perhaps complain to the car park owner - the theatre?
    Can they arrange for the ticket to be cancelled?

    Meanwhile, perhaps you should read the NEWBIES FAQ sticky thread to see the nature of the game you are now caught up in.
    .
    • Le_Kirk
    • By Le_Kirk 7th Aug 18, 7:18 AM
    • 3,428 Posts
    • 2,391 Thanks
    Le_Kirk
    • #3
    • 7th Aug 18, 7:18 AM
    • #3
    • 7th Aug 18, 7:18 AM
    The PPC would have to instigate court proceedings, issue a LBC/LBCC/LBA, following the correct procedures (CPR rules) and IF you lost at small claims court, you would then pay up and any CCJ (step before bailiff) that was issued would be wiped out. As advised above in post # 2, by KeithP, have a good read of the stickies to which he kindly provided a link.
    • Mystic-lady
    • By Mystic-lady 7th Aug 18, 10:25 AM
    • 25 Posts
    • 16 Thanks
    Mystic-lady
    • #4
    • 7th Aug 18, 10:25 AM
    • #4
    • 7th Aug 18, 10:25 AM
    Thank you so much... I did go back into the theatre who said it was absurd. A theatre staff member als9 came with me into the Premieer Inn that also shares the site who had the same response!!!!
    • waamo
    • By waamo 7th Aug 18, 10:32 AM
    • 4,925 Posts
    • 6,374 Thanks
    waamo
    • #5
    • 7th Aug 18, 10:32 AM
    • #5
    • 7th Aug 18, 10:32 AM
    Thank you so much... I did go back into the theatre who said it was absurd. A theatre staff member als9 came with me into the Premieer Inn that also shares the site who had the same response!!!!
    Originally posted by Mystic-lady
    Did one of them cancel it for you though? One of them employs the ppc so should be able to cancel the ticket.
    This space for hire.
    • Mystic-lady
    • By Mystic-lady 7th Aug 18, 11:43 AM
    • 25 Posts
    • 16 Thanks
    Mystic-lady
    • #6
    • 7th Aug 18, 11:43 AM
    • #6
    • 7th Aug 18, 11:43 AM
    Hi again, no they said they were both tenants with the car park owners being the third.

    I went to the Police (report scam), CBA (unfortunately bloody useless], DVLA who incidentally told me MPC has no authority to obtain personal details of the keeper so as such , implies they have obtained them illegally...to boot, only just been made aware of this site/ forum, I appealed in my name post a NTK arriving in the post. I had parked the car and didn!!!8217;t know where else to turn!

    In my original request, I asked for. Copy of the said contract with the landowner together with details...non-forthcoming!

    I do not intend to pay them a penny but have to say, even now having read the Newbies ;se
    section re myparkingcharge.co.uk I’m even more confused as I can only see a section re affiliated parking space!

    Probably obvious by my confusion, I am not used to using anything like this forum.....so just need it simple terms on what I should do, where should I go or whom to contact next!

    Brain dead with worry/confusion for which I wholeheartedly apologise !! Help???;
    Last edited by Mystic-lady; 07-08-2018 at 11:49 AM.
    • KeithP
    • By KeithP 7th Aug 18, 4:37 PM
    • 11,432 Posts
    • 11,957 Thanks
    KeithP
    • #7
    • 7th Aug 18, 4:37 PM
    • #7
    • 7th Aug 18, 4:37 PM
    ...they said they were both tenants with the car park owners being the third.
    Originally posted by Mystic-lady
    Did either the theatre or Premier Inn tell you who the car park owner is?

    Perhaps the car park owner can help you?
    .
    • Mystic-lady
    • By Mystic-lady 8th Aug 18, 9:51 AM
    • 25 Posts
    • 16 Thanks
    Mystic-lady
    • #8
    • 8th Aug 18, 9:51 AM
    • #8
    • 8th Aug 18, 9:51 AM
    Unfortunately not. I’ve requested the information from these chareletons but of course and as expected nothing was forthcoming!

    Incidentally, can I just say a really big thank you for you taking the time to respond to me and all your help which is so very much appreciated!
    • Mystic-lady
    • By Mystic-lady 8th Aug 18, 9:52 AM
    • 25 Posts
    • 16 Thanks
    Mystic-lady
    • #9
    • 8th Aug 18, 9:52 AM
    • #9
    • 8th Aug 18, 9:52 AM
    Unfortunately not. I’ve requested the information from these chareletons but of course and as expected nothing was forthcoming!

    Incidentally, can I just say a really big thank you for you taking the time to respond to me and all your help which is so very much appreciated!
    • beamerguy
    • By beamerguy 8th Aug 18, 11:16 AM
    • 9,734 Posts
    • 12,790 Thanks
    beamerguy
    Unfortunately not. I’ve requested the information from these chareletons but of course and as expected nothing was forthcoming!
    Originally posted by Mystic-lady
    When the going gets tough, the tough get going?

    Off you go and create mayhem
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Mystic-lady
    • By Mystic-lady 12th Aug 18, 9:09 PM
    • 25 Posts
    • 16 Thanks
    Mystic-lady
    HELP PLEASE! My sincere apologies for not understanding the forum protocol, nor process fullstop!

    I have noticed people such as the likes of myself have been given very sarcastic responses or ridiculed for not being clued up on any of the protocol when faced with these unscrupulous companies ...which is so very upsetting when we can only apologise for our lack of understanding or knowledge... I hadn!!!8217;t heard of anything like this site and was pointed in the direction for help and advice so thought that knowledgeable people who do have understanding would be kind enough to help.

    Again, I can only apologise for the fact I am not !!!8220;streetwise!!!8217; or !!!8220;clued up!!!8221; on this but simply beg for someone to help me by using simple layman terms, not jargon which in my instance would be like telling me to read and summarise a book written in Latin when I have no understanding of it!

    I was at the stage of having the initial appeal to MCP declined, directed to IAS to appeal, having set the appeal in motion...to having up until 23:59 tomorrow to put my final case forward....

    I was at the stage of having already appealed to MCP which was obviously declined to having submitted my appeal to IAS which Is where I!!!8217;m at currently...

    From snippets on the site have now obviously become very aware that this was the wrong thing to do but I am where I am with VCS showing all their gumph but as I had a ticket that clearly stated it was not. PCN I do not in my mind have anything to pay...However, now being at the point where I am

    Please can someone with a big kind heart tell me, in simple terms, what should I do next if anything?

    They say if I don!!!8217;t respond a judgement will be made and the bailiffs notified...if there was no PCN issued ie a clearly defined yellow badge...why am I in this position and what do I do now?

    Bless you for taking the time to read & thank you so much for taking the time in helping me...it really is very, very much appreciated!
    • KeithP
    • By KeithP 12th Aug 18, 9:21 PM
    • 11,432 Posts
    • 11,957 Thanks
    KeithP
    If you have not yet appealed to the IAS then I wouldn't bother.

    As post #3 of the NEWBIES FAQ thread says, it is a waste of time, and judging from your most recent post you are likely to be very upset by whatever response you get to your appeal to them.

    My suggestion would be to do nothing, other that do further research to find out the owners of the site.

    You should now ignore debt collector's letters.

    Post again if you ever receive a Letter of Claim or official court correspondence.
    .
    • onlyfoolsandparking
    • By onlyfoolsandparking 12th Aug 18, 9:25 PM
    • 480 Posts
    • 633 Thanks
    onlyfoolsandparking
    I know how you feel I am quite new too although to be fair to the seasoned posters here all they are asking is READ, READ and READ some more.


    Even in my very unqualified opinion I can tell you NO judgement can be made against you before an actual court case (if it goes that far) and no bailiffs can be instructed by anyone unless you had lost IN COURT!! and REFUSED to pay the judgement so as i said you must read as much as possible, all the information to all your questions is here.


    I have been reading here now for 6 months and am still not 100% sure of what i am doing or what to do if i get taken to court but i reckon i,m 95% there.


    Oh and IMO don't worry all this is civil NOT!! criminal, worst case scenario you get taken to court, lose and are ordered to pay £175-225 (I,m not 100% on the figure) you pay it begrudgingly of course, that's it, FINISHED!!! no CCJ, no bailiffs, THE END.
    • Mystic-lady
    • By Mystic-lady 12th Aug 18, 9:39 PM
    • 25 Posts
    • 16 Thanks
    Mystic-lady
    Bless you for helping...I was just very saddened by some of the responses from some very obviously knowledgeable people which possibly didn’t help with my lack of understanding on how to get to “d” with clearly not understanding on how to get from A to B in the first instance!

    In essence, I have made the first appeal though IAS who as you probably know ask VCS for their version of events/evidence which again, didn’t know until reading the many wise responses who are clearly not independant at all but affiliated to the very body in question...so they are going to uphold the decision regardless of if I submit/decline to submit anything further!::

    Again, thank you & bless you for helping me in my plea!
    • onlyfoolsandparking
    • By onlyfoolsandparking 12th Aug 18, 9:51 PM
    • 480 Posts
    • 633 Thanks
    onlyfoolsandparking
    From what i can gather the IAS is an absolute joke, well no not joke because jokes are funny, disgrace!! that's what they are, i didn't bother appealing to IAS and the stupid moronic PPC replied to me with "your appeal was unsuccessful"????? so in answer to your question yes they will uphold unless you could prove 100% you were on the moon when they issued their invoice, you get my meaning, all appeals to IAS fail.


    As the other posters have advised do nothing wait it out and DO NOT REPLY to any so called debt recovery companies. You will as i have start to receive debt letters with scary red writing and threats of CCJ, bailiffs blah blah blah, just file everything and see what happens.
    • Quentin
    • By Quentin 12th Aug 18, 9:53 PM
    • 38,012 Posts
    • 22,109 Thanks
    Quentin
    With IPC companies after the initial appeal to the PPC there is nothing else to do as far as the PPCis concerned


    You are in the wait and see/debt collectors stage (see #4 in the FAQ)


    You ignore everything except a lbcca or court correspondence


    They have 6 years to start legal proceedings against you


    If it comes to that then come back at that time for advice on how to defend this


    You can though continue to try and establish the landowner, and if you can do so complain to them and request them to get this cancelled
    Last edited by Quentin; 12-08-2018 at 10:26 PM.
    • Mystic-lady
    • By Mystic-lady 12th Aug 18, 9:54 PM
    • 25 Posts
    • 16 Thanks
    Mystic-lady
    I know how you feel I am quite new too although to be fair to the seasoned posters here all they are asking is READ, READ and READ some more.


    Even in my very unqualified opinion I can tell you NO judgement can be made against you before an actual court case (if it goes that far) and no bailiffs can be instructed by anyone unless you had lost IN COURT!! and REFUSED to pay the judgement so as i said you must read as much as possible, all the information to all your questions is here.

    I have been reading here now for 6 months and am still not 100% sure of what i am doing or what to do if i get taken to court but i reckon i,m 95% there.


    Oh and IMO don't worry all this is civil NOT!! criminal, worst case scenario you get taken to court, lose and are ordered to pay £175-225 (I,m not 100% on the figure) you pay it begrudgingly of course, that's it, FINISHED!!! no CCJ, no bailiffs, THE END.
    Originally posted by onlyfoolsandparking

    Bless you and thank you so much for being so kind in responding and helping me in simple terms used.... I just so confused with reading, not help with my anxt in getting one of these in the first instance ie clearly stating it wasn’t a PCN and subsequently getting a notice to pay by these unscrupulous people!

    I will do nothing further but sit tight, wait and see what happens!

    Again, I cannot thank you enough (an angel to me! )
    • gardner1
    • By gardner1 12th Aug 18, 9:55 PM
    • 2,768 Posts
    • 4,110 Thanks
    gardner1
    OP......Your "Urgent Help Required: Being threatened with bailiffs" is a bit dramatic......you might be threatened with bailiffs via a cowboy letter but that's as far as it will go
    Last edited by gardner1; 13-08-2018 at 11:42 AM.
    • Mystic-lady
    • By Mystic-lady 12th Aug 18, 10:03 PM
    • 25 Posts
    • 16 Thanks
    Mystic-lady
    From what i can gather the IAS is an absolute joke, well no not joke because jokes are funny, disgrace!! that's what they are, i didn't bother appealing to IAS and the stupid moronic PPC replied to me with "your appeal was unsuccessful"????? so in answer to your question yes they will uphold unless you could prove 100% you were on the moon when they issued their invoice, you get my meaning, all appeals to IAS fail.


    As the other posters have advised do nothing wait it out and DO NOT REPLY to any so called debt recovery companies. You will as i have start to receive debt letters with scary red writing and threats of CCJ, bailiffs blah blah blah, just file everything and see what happens.
    Originally posted by onlyfoolsandparking
    Again yet another kind to my rescue. Thank for taking the time to help and advise me...I wanted to say “thank you” to your kind response and have concluded do nothing more! !!!128549; Bless you!
    • onlyfoolsandparking
    • By onlyfoolsandparking 12th Aug 18, 10:11 PM
    • 480 Posts
    • 633 Thanks
    onlyfoolsandparking
    Thank you too, i am definitely not one of the experts here but i am a fast learner as you may have to become too but certainly nothing worth worrying about with a PCN they can be beaten.
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