UK PAO parking company?
Discussion
Just wait for them to file a claim in court. These links might be of interest in the mean-time:
Local news article:
www.leedstoday.net/ViewArticle2.aspx?SectionID=39&ArticleID=1465082
Letter part way down:
http://archive.thisisbradford.co.uk/2
Auction selling "self admin" kits, the signs look VERY dodgy:
http://cgi.ebay.co.uk/PARKING-BAY-PRO
Local news article:
www.leedstoday.net/ViewArticle2.aspx?SectionID=39&ArticleID=1465082
Letter part way down:
http://archive.thisisbradford.co.uk/2
Auction selling "self admin" kits, the signs look VERY dodgy:
http://cgi.ebay.co.uk/PARKING-BAY-PRO
Agree with speaking to Maplins (it might be useful if you kept the receipts for your purchases).
Maplin had a lot of trouble with parking at the Chester branch that culminated in the other shop lease holders on the site getting the owners to fire the parking company (not the same company as you're dealing with). Turned out they were actually never authorised to operate in Maplins part of the car park but they still did.
One thing that came out of it was that it was confirmed on several occasions that the shop managers do have the ability to get a penalty cancelled.
If Maplin are unable to help then at least find out who owns/runs the site and speak to them.
You need to watch your mail and make sure they don't get a sneaky default judgement against you. It can be overturned, but better not to get it in the first place.
Pity we don't have the extortion/racketeering laws here that they do in the US.
Maplin had a lot of trouble with parking at the Chester branch that culminated in the other shop lease holders on the site getting the owners to fire the parking company (not the same company as you're dealing with). Turned out they were actually never authorised to operate in Maplins part of the car park but they still did.
One thing that came out of it was that it was confirmed on several occasions that the shop managers do have the ability to get a penalty cancelled.
If Maplin are unable to help then at least find out who owns/runs the site and speak to them.
You need to watch your mail and make sure they don't get a sneaky default judgement against you. It can be overturned, but better not to get it in the first place.
Pity we don't have the extortion/racketeering laws here that they do in the US.
I am not a great expert Sean (VW?) in civil law where it would seem a remedy exists, faced with the situation outlined I would consider the following action.
Conference with a CAB Solicitor to verify what I write and to have this framed in a letter back to UK PAO.......
That your initial parking was lawful and did not cause any infringement.
Whilst sign displayed about Parking conditions there was no mention anywhere whatsoever that return within a set period was prohibited.
In the ruling of Vine v Waltham Forest London Borough Council (2000) - clamping illegal where no signs were clearly displ.ayed, then no clamping infringement had taken place.
The return therefore was not an infringement.
Further, by continually sending letters demanding payment and threat of Civil action for the non-existent infringement, this amounts to harassment under Section 1 Protection from Harassment Act 1997
" a person must not pursue a course of conduct which amounts to harassment and which he knows OR OUGHT TO KNOW amounts to harassment"
"harassment - alarming a person or causing distress."
Section 3 points out that claim can be made for damages under civil proceedings (Small Claims Court if kept under 5000 pounds.)
As such if any further letters etc. are sent then there is no other option but to commence proceedings or a counter claim at County Court for damages for anxiety and financial loss resulting from the harassment ( time and expense in writing letters etc).
The evidence will be present in the letters they sent (at least 2) which it is hoped have been retained and a log started listing all activity and expense.
Harassment is an offence punishable on summary conviction with 6 months impr, a 5000 pound fine or both.
Whether one could get Plod to be involved is another matter which is I why letter and mention of possible civil action was mentioned first.
dvd
Conference with a CAB Solicitor to verify what I write and to have this framed in a letter back to UK PAO.......
That your initial parking was lawful and did not cause any infringement.
Whilst sign displayed about Parking conditions there was no mention anywhere whatsoever that return within a set period was prohibited.
In the ruling of Vine v Waltham Forest London Borough Council (2000) - clamping illegal where no signs were clearly displ.ayed, then no clamping infringement had taken place.
The return therefore was not an infringement.
Further, by continually sending letters demanding payment and threat of Civil action for the non-existent infringement, this amounts to harassment under Section 1 Protection from Harassment Act 1997
" a person must not pursue a course of conduct which amounts to harassment and which he knows OR OUGHT TO KNOW amounts to harassment"
"harassment - alarming a person or causing distress."
Section 3 points out that claim can be made for damages under civil proceedings (Small Claims Court if kept under 5000 pounds.)
As such if any further letters etc. are sent then there is no other option but to commence proceedings or a counter claim at County Court for damages for anxiety and financial loss resulting from the harassment ( time and expense in writing letters etc).
The evidence will be present in the letters they sent (at least 2) which it is hoped have been retained and a log started listing all activity and expense.
Harassment is an offence punishable on summary conviction with 6 months impr, a 5000 pound fine or both.
Whether one could get Plod to be involved is another matter which is I why letter and mention of possible civil action was mentioned first.
dvd
Dwight VanDriver said:
In the ruling of Vine v Waltham Forest London Borough Council (2000) - clamping illegal where no signs were clearly displ.ayed, then no clamping infringement had taken place.
Not only that, the case law for clamping are based on what was a reasonable fee for removing the clamp, whereas this person wasn't even clamped, merely ticketed.
Gareth
Dwight VanDriver said:
I
Further, by continually sending letters demanding payment and threat of Civil action for the non-existent infringement, this amounts to harassment under Section 1 Protection from Harassment Act 1997
" a person must not pursue a course of conduct which amounts to harassment and which he knows OR OUGHT TO KNOW amounts to harassment"
"harassment - alarming a person or causing distress."
Section 3 points out that claim can be made for damages under civil proceedings (Small Claims Court if kept under 5000 pounds.)
As such if any further letters etc. are sent then there is no other option but to commence proceedings or a counter claim at County Court for damages for anxiety and financial loss resulting from the harassment ( time and expense in writing letters etc).
The evidence will be present in the letters they sent (at least 2) which it is hoped have been retained and a log started listing all activity and expense.
Harassment is an offence punishable on summary conviction with 6 months impr, a 5000 pound fine or both.
Whether one could get Plod to be involved is another matter which is I why letter and mention of possible civil action was mentioned first.
Surely if Sean were to make a complaint, then the Police would be duty bound to investigate it?
As he spends time out the country then I would have thought it imperitive to get this sorted or, as I suggested earlier, he could find a judgement against him, made while he was absent. That possibility on its own, must surely give rise to alarm, distress and anxiety.
Sorry to hijack your thread, but as it's very closely related...
Recently I received a ticket in a retail park in Nottingham (Queen's Drive for those that now it). I had parked the car at 8:40 (before the shops I wanted to visit opened), I went for a quick walk around the block, returned at nine-ish and went in a couple of shops. For all my browsing, all I bought was lunch from boots, returning to my car immediately afterwards, at 1030. Ticket on window, timed at 0830, stating that I had left the car park which was in breach of their rules.
I sent the company (BPM Solution, PO Box something or other...London) a copy of my receipt, and a photograph of their sign at the car park entrance (which merely states non-customer parking is liable to a £60 fine). They replied saying that I had no valid reason for the notice to be canccelled, and still seeeking the money. Seemingly a law unto themselves.
As an interestng aside, the ticket I got, and the letter in return had 2 different company numbers of (the one on the ticket belongs to a company that is registered with companies house as dormant, and who's accounts are late this year).
Would the more enlightened suggest following the same lines as suggested to Sean (above, by DvD)?
Chris
Recently I received a ticket in a retail park in Nottingham (Queen's Drive for those that now it). I had parked the car at 8:40 (before the shops I wanted to visit opened), I went for a quick walk around the block, returned at nine-ish and went in a couple of shops. For all my browsing, all I bought was lunch from boots, returning to my car immediately afterwards, at 1030. Ticket on window, timed at 0830, stating that I had left the car park which was in breach of their rules.
I sent the company (BPM Solution, PO Box something or other...London) a copy of my receipt, and a photograph of their sign at the car park entrance (which merely states non-customer parking is liable to a £60 fine). They replied saying that I had no valid reason for the notice to be canccelled, and still seeeking the money. Seemingly a law unto themselves.
As an interestng aside, the ticket I got, and the letter in return had 2 different company numbers of (the one on the ticket belongs to a company that is registered with companies house as dormant, and who's accounts are late this year).
Would the more enlightened suggest following the same lines as suggested to Sean (above, by DvD)?
Chris
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