Appeal lost, debt collector coming yet valid parking ticket
Appeal lost, debt collector coming yet valid parking ticket
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Chromegrill

Original Poster:

1,140 posts

115 months

Tuesday 19th November 2019
quotequote all
A few months ago my car was parked in a private carpark, ticket purchased, timed to last a few hours, and displayed (printed side up!) stuck to the windscreen on driver's side exactly where you would normally stick one. Came back when the ticket was due to expire to find a parking charge notice was stuck to the windscreen, wait for this, directly over the parking ticket. The time stated on the notice was shortly after the ticket had been purchased, and the stated offence was not displaying a ticket.

I photographed the ticket - clearly visible behind the sticky bag containing the parking notice - and immediately emailed it to the parking company. A very nice person responded to thank me for my email but said that they couldn't process this as an appeal unless I named the driver. Thinking that it was bad form to name the driver I declined, as the fact the company had responded to my email seemed proof enough that they had already received any evidence I would be intending to present to them.

I had no further contact from the company until last week when I received a letter in the post to say that they have photographic proof that I was not displaying a ticket but they will not share this with me. Furthermore, because I did not appeal using their system (!) they say they will be sending a debt collector round to my house. No mention of further rights of appeal, POPLA etc etc.

I don't wish to name the company publicly but having Googled them it appears they mean business and enjoy taking people to the cleaners. I've also now come across a few other people say the same thing happened to them in that very same car park (they just gave up and paid up).

So I'm wondering what collective Pistonheaded wisdom I can muster now. Ideas so far:

- lock the original ticket (which of course I still have) in a bank vault for safe keeping?
- don't open the front door to strangers in case they are debt collectors, and when the debt collectors do pitch up, ring 999 and inform the police that there's a burglar in my house?
- inform the company that any further communication from them, including their patronising automated email acknowledgements that "your email has been received and is valuable to us, please be patient while one of our operators attends to you personally" messages will from now be taken as their consent to have entered a legally binding contract with me that involves me charging them to read their messages at my very reasonable professional
business rate of £100 per minute, my minimum work period for billing purposes being one hour in any 24 hour period?
- hope they take me to court so I can publish to Facebook a selfie of me and judge laughing our heads off at them when I produce the ticket I had stuck to the windscreen (hmmm, can't really afford a day off work though to go to court unless I can claim it back from them in lost wages)?
- sue them for vandalism to the car and bill them for the time it took me to clean my windscreen of sticky parking notice residue - seriously it must have taken me at least 15 minutes to get all the gubbins off the windscreen that were left from peeling off the yellow plastic bag with the parking notice, honestly it made a frightful mess?
- let the police know I am being threatened with extortion as they are demanding more money from me despite being fully paid up?
- just roll over and pay the penalty (plus their "penalty charge processing fee" and their "late payment bonus penalty" (but that's gonna be expensive).

By the way this post is not a windup even if some of the suggestions might be a bit frivolous. Right now I'm angry and I'm scared and I don't know what to do next against these bullies.

anonymous-user

83 months

Tuesday 19th November 2019
quotequote all
Is this for real? Personally I'd write to them, showing the evidence you have, requesting that they to cancel the ticket and simply leave it at that unless you get a proper letter before action or receive a court claim form (unlikely).

That said, reading the above then for your mental well being then perhaps it's easier for you to just pay up and forget about it.

With the evidence you have it would be a very easy win for you at court, but it sounds like you're not quite ready to deal with that. Don't worry, debt collectors won't be knocking any time soon which ever way you go.

Turn7

25,719 posts

250 months

Tuesday 19th November 2019
quotequote all
Peppipoo will shred this I think, get over there and post up, BUT , ffs, read the stickies !

Evanivitch

26,379 posts

151 months

Tuesday 19th November 2019
quotequote all
Police won't be interested in your games, and might even suggest you're deliberately wasting police time.

Chromegrill

Original Poster:

1,140 posts

115 months

Tuesday 19th November 2019
quotequote all
Thanks will update when I hear any more. Yes it's unbelievable. Yes it's for real. Part of me is quite excited at the thought that it might go to court so I can produce the original ticket and the parking notice that was stuck on top of it saying that a ticket wasn't displayed, but it does seem like a lot of hassle and time off work with no pay for the satisfaction of seeing these muppets humiliated. Having already read other fora I have no intention of letting them know either in personal correspondence or through the unlikely event that someone from the company is monitoring Pistonhead threads whether I was the driver or whether I was the passenger on the day in question, though in refusing to do so Stage 1 of the company's appeal process for what it's worth has already been lost as I wouldn't tell them who was driving the car so they've promised to send their firm of debt collectors round to me. What nice people.

anonymous-user

83 months

Tuesday 19th November 2019
quotequote all
if debt collecters turn up tell them you are in dispute, they should have no powers unless a CCJ has been issued, then a bailiff will come round and they have certain powers.

But don't let it get to court or if it does turn up and defend yourself, should be pretty clear cut if you are being truthful.

anonymous-user

83 months

Tuesday 19th November 2019
quotequote all
Chromegrill said:
Thanks will update when I hear any more. Yes it's unbelievable. Yes it's for real. Part of me is quite excited at the thought that it might go to court so I can produce the original ticket and the parking notice that was stuck on top of it saying that a ticket wasn't displayed, but it does seem like a lot of hassle and time off work with no pay for the satisfaction of seeing these muppets humiliated. Having already read other fora I have no intention of letting them know either in personal correspondence or through the unlikely event that someone from the company is monitoring Pistonhead threads whether I was the driver or whether I was the passenger on the day in question, though in refusing to do so Stage 1 of the company's appeal process for what it's worth has already been lost as I wouldn't tell them who was driving the car so they've promised to send their firm of debt collectors round to me. What nice people.
Chill out dude, you're way over thinking this, you'll be fine. Just tell them you're not paying and the reasons why and then get on with your life.

KungFuPanda

4,640 posts

199 months

Tuesday 19th November 2019
quotequote all
A debt collector won't be coming.

Tell them to issue proceedings.

anonymous-user

83 months

Tuesday 19th November 2019
quotequote all
Chromegrill said:
I have no intention of letting them know either in personal correspondence or through the unlikely event that someone from the company is monitoring Pistonhead threads whether I was the driver or whether I was the passenger on the day in question, though in refusing to do so Stage 1 of the company's appeal process for what it's worth has already been lost as I wouldn't tell them who was driving the car so they've promised to send their firm of debt collectors round to me. What nice people.
I struggled with stage 1 with the options for a NTK that came through.

The options to appeal didn't fit the situation as they didn't meet POFA requirements in sending the NTK, so appealed in with 'best fit', went to IAS 'popla appeal' and got rejected.

Now due in court next month which is fine, as they are chasing me "as assumed driver for contract breach" rolleyes

Just seems a waste of everyone's time as they won't back down despite all evidence to the contrary.

Took a year to get this far, pathetic really.

Would have been paid immediately on arrival of the notice if it was served in time and the errant parker (17 minutes in a 'supermarket' car park near 10pm) would have got a bking off me for not paying.

MB140

5,060 posts

132 months

Wednesday 20th November 2019
quotequote all
S11steve will be along shortly. He is one of the resident experts on parking fines on here dealing with thousands for his work.

My understanding in the mean time is that no debt collector can enter your property without a court order (CCJ), which they can’t get until the parking company take you to court (which they have to inform you about and won’t do as they can’t win if your in the right) and win.

Best advise is write to them clearly stating your case. Follow any procedures/appeals they have but don’t name the driver, if debt collectors turn up ask to see the court order, if they don’t have one ring the police (the debt collector will soon fk off).

You will get lots of threatening letters mentioning CCJ, credit ratings etc. It’s all bluff trying to get you to pay.

ZeroGroundZero

2,085 posts

83 months

Wednesday 20th November 2019
quotequote all
MB140 said:
My understanding in the mean time is that no debt collector can enter your property without a court order (CCJ),
And even then if the doors and windows are locked they have no power to force entry.
(is that correct?)


MB140

5,060 posts

132 months

Wednesday 20th November 2019
quotequote all
ZeroGroundZero said:
MB140 said:
My understanding in the mean time is that no debt collector can enter your property without a court order (CCJ),
And even then if the doors and windows are locked they have no power to force entry.
(is that correct?)
My understanding from reading other forums as well as this is:

Without a court order they cannot force entry to your property. Of course if you invite them in then it’s fair game to enter but can’t remove anything without a court order. (Only an idiot would invite these morons in).

Furthermore, even if they take you to court for the debt(doubtful), then they win (which they won’t), you have 28 days to pay up before it alters your credit rating and only after the 28 days can they apply for a default of payment resulting in a CCJ and court order to retrieve things to the value.

That’s my understanding, don’t take it as gospel please confirm the 28 days.

ZeroGroundZero

2,085 posts

83 months

Wednesday 20th November 2019
quotequote all
MB140 said:
ZeroGroundZero said:
MB140 said:
My understanding in the mean time is that no debt collector can enter your property without a court order (CCJ),
And even then if the doors and windows are locked they have no power to force entry.
(is that correct?)
My understanding from reading other forums as well as this is:

Without a court order they cannot force entry to your property. Of course if you invite them in then it’s fair game to enter but can’t remove anything without a court order. (Only an idiot would invite these morons in).
Are you saying that with a court order on a civil debt they can force entry on a private residence?
I thought they could only enter by "peaceful means" - which means an unlocked door or window.

A civil debt on a business property can be forcibly entered.

(disclaimer - please don't read the above as fact - I'm only going by what I've seen on TV smile )

4rephill

5,167 posts

207 months

Wednesday 20th November 2019
quotequote all
If the parking people claim a ticket was not displayed, do they not have to have proof of it, rather than just the word of their ticket officer/enforcer/whatever they call them?, or does it simply come down to one person's word against another?

I'm aware that official traffic wardens take pictures of vehicles - Do private parking firms not do the same, to prove what they claim?

The OP states they have a photograph of their ticket, on display, sitting beneath the parking fine. Playing Devil's advocate, the parking company could simply claim that the OP placed the parking ticket there, AFTER they had put the fine on the car. Then they could point out that the fine was for: "Failing to display a ticket" and not: "Failing to purchase a ticket".


(The only parking fine I've ever received was for: "Failing to display a ticket" in a council pay and display car park. I'd paid for a ticket, placed it on my dashboard, closed the drivers door, and walked away without a second thought. I came back to my car a couple of hours later to find a parking notice on the windscreen, and no sign of the ticket on the dashboard. I searched the car, and discovered the ticket underneath the drivers seat. My only thought was that, as I had closed the door, the ticket must have been blown off the dashboard, and under the seat.

I contacted the council, and sent them the parking ticket [ the ticket showed my car registration number on it, along with the date and time, so could not have been fake ], complete with an explanation of what must have happened, and was told that they accepted I had paid for a ticket, and accepted that it may have been blown off the dashboard, but they pointed out that the fine was not for failing to purchase a ticket, but for failing to display the ticket, and so refused to cancel the fine. Annoyed as I was, I could see their point, so just paid the fine. [ I've always been very careful since, to ensure that any parking ticket is definitely on display AFTER I've closed the driver's door! ] )


MB140

5,060 posts

132 months

Wednesday 20th November 2019
quotequote all
ZeroGroundZero said:
MB140 said:
ZeroGroundZero said:
MB140 said:
My understanding in the mean time is that no debt collector can enter your property without a court order (CCJ),
And even then if the doors and windows are locked they have no power to force entry.
(is that correct?)
My understanding from reading other forums as well as this is:

Without a court order they cannot force entry to your property. Of course if you invite them in then it’s fair game to enter but can’t remove anything without a court order. (Only an idiot would invite these morons in).
Are you saying that with a court order on a civil debt they can force entry on a private residence?
I thought they could only enter by "peaceful means" - which means an unlocked door or window.

A civil debt on a business property can be forcibly entered.

(disclaimer - please don't read the above as fact - I'm only going by what I've seen on TV smile )
Helpful link. Debt collector no.

https://www.stepchange.org/debt-info/debt-collecti...

xjay1337

15,966 posts

147 months

Wednesday 20th November 2019
quotequote all
Chromegrill said:
A few months ago my car was parked in a private carpark, ticket purchased, timed to last a few hours, and displayed (printed side up!) stuck to the windscreen on driver's side exactly where you would normally stick one. Came back when the ticket was due to expire to find a parking charge notice was stuck to the windscreen, wait for this, directly over the parking ticket. The time stated on the notice was shortly after the ticket had been purchased, and the stated offence was not displaying a ticket.

I photographed the ticket - clearly visible behind the sticky bag containing the parking notice - and immediately emailed it to the parking company. A very nice person responded to thank me for my email but said that they couldn't process this as an appeal unless I named the driver. Thinking that it was bad form to name the driver I declined, as the fact the company had responded to my email seemed proof enough that they had already received any evidence I would be intending to present to them.

I had no further contact from the company until last week when I received a letter in the post to say that they have photographic proof that I was not displaying a ticket but they will not share this with me. Furthermore, because I did not appeal using their system (!) they say they will be sending a debt collector round to my house. No mention of further rights of appeal, POPLA etc etc.

I don't wish to name the company publicly but having Googled them it appears they mean business and enjoy taking people to the cleaners. I've also now come across a few other people say the same thing happened to them in that very same car park (they just gave up and paid up).

So I'm wondering what collective Pistonheaded wisdom I can muster now. Ideas so far:

- lock the original ticket (which of course I still have) in a bank vault for safe keeping?
- don't open the front door to strangers in case they are debt collectors, and when the debt collectors do pitch up, ring 999 and inform the police that there's a burglar in my house?
- inform the company that any further communication from them, including their patronising automated email acknowledgements that "your email has been received and is valuable to us, please be patient while one of our operators attends to you personally" messages will from now be taken as their consent to have entered a legally binding contract with me that involves me charging them to read their messages at my very reasonable professional
business rate of £100 per minute, my minimum work period for billing purposes being one hour in any 24 hour period?
- hope they take me to court so I can publish to Facebook a selfie of me and judge laughing our heads off at them when I produce the ticket I had stuck to the windscreen (hmmm, can't really afford a day off work though to go to court unless I can claim it back from them in lost wages)?
- sue them for vandalism to the car and bill them for the time it took me to clean my windscreen of sticky parking notice residue - seriously it must have taken me at least 15 minutes to get all the gubbins off the windscreen that were left from peeling off the yellow plastic bag with the parking notice, honestly it made a frightful mess?
- let the police know I am being threatened with extortion as they are demanding more money from me despite being fully paid up?
- just roll over and pay the penalty (plus their "penalty charge processing fee" and their "late payment bonus penalty" (but that's gonna be expensive).

By the way this post is not a windup even if some of the suggestions might be a bit frivolous. Right now I'm angry and I'm scared and I don't know what to do next against these bullies.
And some people think these parking scammers are "needed due to selfish parkers" !!!!

Post up the letters they have sent etc.

Usually they will fail on POFA2012

You have evidence of a ticket being purchased
Do you have a photo of the PCN stuck on your car over the valid ticket?

You asked to appeal but were told you can't unless you named the drive (this is a huge break of protocol and you would win on this alone)

Depending on how much effort you want to put in , Tell them you will see them in court.


TO BE CLEAR

They will never "send baliffs round". Only threatening letters.
You will only get a CCJ if you go to court, lose, and fail to pay, either outright or in installments (IF you lost and there was a blue moon, the cost wouldn't be much more than the original invoice amount - 85 or something).




Edited by xjay1337 on Wednesday 20th November 11:23

ZeroGroundZero

2,085 posts

83 months

Wednesday 20th November 2019
quotequote all
MB140 said:
Appreciated, thanks for that.

Ah yes, it does say a few paragraphs from the bottom of that page that "A bailiff can only enter your house through a door and in a peaceful way with your permission."

So not even an open window is allowed in the case of a court order for a civil debt on a private residence.
Only 'open door' , which I presume means unlocked will suffice.

But once in they can remove assets to cover the value of the debt.

A "debt collector" on the other hand has no such powers. One can simply request they "do one". smile


(not suggesting of course that if you owe a debt that you can simply carry on regardless - just that with private parking companies, they seem to operate with dubious methods and have little motive to cancel obvious erroneous ticket invoices which lead to many people having charges that they should not have to pay)

BrettMRC

5,998 posts

189 months

Wednesday 20th November 2019
quotequote all
Over what time period has this happened?

Who owns the car park? (In the past I have had a similar issue delat with by talking to the land owner in a calm and pleasant way, getting them to intercede with the enforcement firm)


Keep calm, don't panic and start turning the house in to a fortress etc.

KungFuPanda

4,640 posts

199 months

Wednesday 20th November 2019
quotequote all
Even with a Court order, bailiffs can only make peaceful entry on residential properties. If you’re faced with a Court splinter bailiff or High Court Enforcement Officer, don’t open the door as sometimes they will stick their foot in the door to stop you from closing it again and then they’ll walk in.

Keep doors and windows closed. Also fit a chain or bar lock to your door. This will allow you to open it slightly to speak to them but won’t allow them entry. They aren’t allowed to break the chain to get in.

anonymous-user

83 months

Wednesday 20th November 2019
quotequote all
Chromegrill with BV responses in bold said:
...Ideas so far ...

- don't open the front door to strangers in case they are debt collectors and when the debt collectors do pitch up, ring 999 and inform the police that there's a burglar in my house?

Don't be so silly! It us unlikely that anyone will come around. If someone does, you do not have to let them in.

- inform the company that any further communication from them, including their patronising automated email acknowledgements that "your email has been received and is valuable to us, please be patient while one of our operators attends to you personally" messages will from now be taken as their consent to have entered a legally binding contract with me that involves me charging them to read their messages at my very reasonable professional
business rate of £100 per minute, my minimum work period for billing purposes being one hour in any 24 hour period?

Again, that would be silly. That is FOTL woo. Do not make yourself look like a wibblehead.

- hope they take me to court so I can publish to Facebook a selfie of me and judge laughing our heads off at them when I produce the ticket I had stuck to the windscreen (hmmm, can't really afford a day off work though to go to court unless I can claim it back from them in lost wages)?

Could be a plan. You can recover limited expenses, not a full whack, unless your full whack is quite small.

- sue them for vandalism to the car and bill them for the time it took me to clean my windscreen of sticky parking notice residue - seriously it must have taken me at least 15 minutes to get all the gubbins off the windscreen that were left from peeling off the yellow plastic bag with the parking notice, honestly it made a frightful mess?

Now you are heading back to the land of wibble and woo. Do not go to that land.

- let the police know I am being threatened with extortion as they are demanding more money from me despite being fully paid up?

Do not waste the time of the police. You are not being threatened with extortion.

- just roll over and pay the penalty (plus their "penalty charge processing fee" and their "late payment bonus penalty" (but that's gonna be

Do not do that either. Write a sensible and non shouty letter setting out the position. Wait. If the company sues you, defend the case. Do not panic. Do not be frit. Keep calm and carry on.
Edited by anonymous-user on Wednesday 20th November 12:32