Britannia parking summons for already cancelled ticket.
Britannia parking summons for already cancelled ticket.
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Louis Balfour

Original Poster:

28,176 posts

251 months

Saturday 27th November 2021
quotequote all

Britannia issued a parking ticket to one of our drivers, whilst they were dropping off donations to a charity. The driver wasn't actually aware that where they pulled up was a chargeable spot.

I replied, not naming the driver and pointing out that, even if they knew who the driver was, their claim may not play well if it ever reached a County court.

They grumpily cancelled the ticket.

Since then, we have received a succession of threatening letters about non-payment, which we have ignored.

Today, a summons has arrived for non-payment, breach of contract. As I am the RK for most of our vehicles they are claiming against me.

Now I am no lawyer, but given that "BW Legal Enterprises" doesn't know who the driver is, and also that the ticket was cancelled, the DJ is not likely to find in their favour, I wouldn't think.

Correct me if I am wrong. But furthermore, is there any entertainment to be had here, or better still some minor costs to be claimed?


Countdown

49,335 posts

225 months

Saturday 27th November 2021
quotequote all
I always thought that the rationale for ignoring these was the PPC never actually took anybody to Court. However if you’ve been summonsed then I’d be inclined to pay because the costs of defending (including time spent) probably exceeds the value of the debt. Of course if the ticket shouldn’t have been issued in the 1st place thats a different matter.


paintman

7,860 posts

219 months

Saturday 27th November 2021
quotequote all
If you have something in writing confirming the cancellation of the ticket it might be simpler to send the company a copy.

Whilst I understand the desire to cause them inconvenience if you do go to court & then produce your evidence you might find the DJ is less than impressed with you as well.


Pica-Pica

16,566 posts

113 months

Saturday 27th November 2021
quotequote all
paintman said:
If you have something in writing confirming the cancellation of the ticket it might be simpler to send the company a copy.

Whilst I understand the desire to cause them inconvenience if you do go to court & then produce your evidence you might find the DJ is less than impressed with you as well.
This. Also state that any further communication will be ignored, or if requiring a response will result in a potential £50 charge, rising to a £100 charge on subsequent letters, should they pursue a legal action.

Louis Balfour

Original Poster:

28,176 posts

251 months

Saturday 27th November 2021
quotequote all
Countdown said:
I always thought that the rationale for ignoring these was the PPC never actually took anybody to Court. However if you’ve been summonsed then I’d be inclined to pay because the costs of defending (including time spent) probably exceeds the value of the debt. Of course if the ticket shouldn’t have been issued in the 1st place thats a different matter.
I certainly won't be paying it. I wasn't the driver and the ticket was cancelled in writing. I will reply to the court to that effect. I cannot imagine why the matter would progress to a hearing.

I am still interested in causing them some aggravation, though, if at all possible.

Yabu

2,101 posts

230 months

Saturday 27th November 2021
quotequote all
Louis Balfour said:
I certainly won't be paying it. I wasn't the driver and the ticket was cancelled in writing. I will reply to the court to that effect. I cannot imagine why the matter would progress to a hearing.

I am still interested in causing them some aggravation, though, if at all possible.
If you really want to be annoying and don’t mind putting a little effort in Counter claim as they are in breach of data protection laws, once the ticket was cancelled they no longer had a right to hold your personal details.

Have you filed a defence yet?

Dingu

4,893 posts

59 months

Saturday 27th November 2021
quotequote all
Yabu said:
If you really want to be annoying and don’t mind putting a little effort in Counter claim as they are in breach of data protection laws, once the ticket was cancelled they no longer had a right to hold your personal details.

Have you filed a defence yet?
I’m not convinced that is amazing advice for the OP. He doesn’t mention timeline but the data retention laws are loosely defined. E.g. if I cancel my internet package today the company do not have to delete the data immediately or even necessarily within several years as long as they can give a reasonable use for keeping it.

Unless of course you can link a law specific to this situation you are relying on rather than general legislation.

Point is, all he is likely to do following that is wind up the judge. In any case, what value are you placing on the loss if they have kept it too long to enable a counter claim?

Centurion07

10,395 posts

276 months

Sunday 28th November 2021
quotequote all
So your driver DID incur a justified ticket, they've cancelled it out of goodwill after you complained, you've not actually responded to their subsequent mistaken contacts and now you want to play silly buggers with them instead of just reminding them you have written proof they've already cancelled the ticket...? scratchchin

Louis Balfour

Original Poster:

28,176 posts

251 months

Sunday 28th November 2021
quotequote all
Centurion07 said:
So your driver DID incur a justified ticket, they've cancelled it out of goodwill after you complained, you've not actually responded to their subsequent mistaken contacts and now you want to play silly buggers with them instead of just reminding them you have written proof they've already cancelled the ticket...? scratchchin
Not really, no.


Centurion07

10,395 posts

276 months

Sunday 28th November 2021
quotequote all
Louis Balfour said:
Not really, no.
So explain it then... confused

Louis Balfour said:
Britannia issued a parking ticket to one of our drivers, whilst they were dropping off donations to a charity. The driver wasn't actually aware that where they pulled up was a chargeable spot.

I replied, not naming the driver and pointing out that, even if they knew who the driver was, their claim may not play well if it ever reached a County court.

They grumpily cancelled the ticket. Since then, we have received a succession of threatening letters about non-payment, which we have ignored.

Today, a summons has arrived for non-payment, breach of contract. As I am the RK for most of our vehicles they are claiming against me.

Now I am no lawyer, but given that "BW Legal Enterprises" doesn't know who the driver is, and also that the ticket was cancelled, the DJ is not likely to find in their favour, I wouldn't think.

Correct me if I am wrong. But furthermore, is there any entertainment to be had here, or better still some minor costs to be claimed?

Louis Balfour

Original Poster:

28,176 posts

251 months

Sunday 28th November 2021
quotequote all
It wasn’t clear that it was a controlled parking spot. I know, I had a look.

They didn’t cancel the ticket out of goodwill. It was because they knew they weren’t going to win.

They are parasitic private parking scammers, I consider it a moral duty to give them a hard time if I can.

That help?

Monkeylegend

29,191 posts

260 months

Sunday 28th November 2021
quotequote all
Louis Balfour said:
It wasn’t clear that it was a controlled parking spot. I know, I had a look.

They didn’t cancel the ticket out of goodwill. It was because they knew they weren’t going to win.

They are parasitic private parking scammers, I consider it a moral duty to give them a hard time if I can.

That help?
No reason I suppose why you shouldn't lower yourself to their parasitic level, but how were they scamming if the driver pulled up in a legitimatley chargeable spot?


Mrr T

15,390 posts

294 months

Sunday 28th November 2021
quotequote all
Dingu said:
Yabu said:
If you really want to be annoying and don’t mind putting a little effort in Counter claim as they are in breach of data protection laws, once the ticket was cancelled they no longer had a right to hold your personal details.

Have you filed a defence yet?
I’m not convinced that is amazing advice for the OP. He doesn’t mention timeline but the data retention laws are loosely defined. E.g. if I cancel my internet package today the company do not have to delete the data immediately or even necessarily within several years as long as they can give a reasonable use for keeping it.

Unless of course you can link a law specific to this situation you are relying on rather than general legislation.

Point is, all he is likely to do following that is wind up the judge. In any case, what value are you placing on the loss if they have kept it too long to enable a counter claim?
I would agree. However, looking at the post the data has been passed on to another entity after the ticket was cancelled. That is almost certainly a breach.

catfood12

1,566 posts

171 months

Sunday 28th November 2021
quotequote all
Britannia are good fun to annoy if you have the time. They also send 'C' Team agents to any hearings. I'd see it to a hearing, as here;

https://www.pistonheads.com/gassing/topic.asp?h=0&...

Robotron70

1,965 posts

72 months

Tuesday 30th November 2021
quotequote all
One of the directors lives over the road from me, he’s a complete and utter tosspot, exactly what you’d expect from a parking enforcement company.

http://www.checkcompany.co.uk/director/216816/GRAH...