Well, it would help, “Law Enforcement” from Coventry UK, if you could: a) write in coherent, grammatical English; b) identify yourself; c) be specific about who’s said something you don’t like and what it was; d) cite a law that’s been broken by c). If you fail to do this within seven days, your ISP Sky Broadband will receive a complaint which is traceable to your IP address at the time you posted your comment.

You are hereby given notice to remove your without the consent of the proprietor’s.
Legal proceedings will commence unless you do as asked.

– this blog is by a Brighton boy. I am also from the BHA area and so is Steve Dargonne of Roxburghe. Did you realise the guy is from Brighton/Worthing, an ex-Banker? Think he even goes to BHA footie matches.

– the law has changed in that you SHOULD NO LONGER IGNORE THESE except in Scotland/NI.

– the law simply means the scammers can go for the registered keeper and/or driver, but:

– the law (POFA 2012) also insisted on the scammers having an independent appeals system.

– the current second stage appeal is to POPLA

– you can appeal to POPLA on ANY GROUNDS at all (do not believe the four main headings)

– do not send a normal mitigating circumstances appeal to POPLA or you will lose!

– on pepipoo and MSE parking forum we have 100% success rate at POPLA since Easter 2013.

– the killer appeal points are usually ‘there has been no genuine pre-estimate of loss’ and ‘I require the company to show POPLA the contract with the landowner which must be compliant with the BPA code of practice and authorise the company to pursue these charges in their own name in court. I do not believe the company has this authority and neither do they have the status to offer parking and make contracts at a site where they have no legal interest.’

– beware of Parking Eye who pursue people in court. You can beat them at POPLA though, 100%

– finally why the heck have so many posters here wasted their time replying to the middle-man debt collectors? Hilarious to see so many replying to Roxburghe pointlessly. IF they ring up just say the debt is denied. Phone down.

Get yourselves to pepipoo.com (private parking tickets forum) or the MoneysavingExpert Parking tickets forum (the actual live forum not just some articles on MSE website).

We can help you perfect a POPLA appeal if you are in England/Wales. As at Oct 2013 you should appeal when ever you get a Notice in the post…

BUT NOT BEFORE! NOT WHEN YOU GET A WINDSCREEN TICKET!!

So did I ignore that one?
Nope, because the Graham white on the letter was a registered solicitor. I thought I can beat them at their own game.

So what did I reply on the first ever correspondent to this fiasco that started in Sept?
I gave the solicitor an * ultimatum*. How? I said, WITHIN 28 DAYS of the date of this letter, you need to reply with evidence of this ‘invoice’ otherwise this debt will be deemed CANCELLED (that’s right baby -legality in his face!!) and any correspondents beyond that date will be regarded as harassment from yourself/clients and dealt with appropriately.

Smart, heh?
Well, I was counting down the days, so close, and he gave a ‘general’ reply – that it was passed onto the client and will be processed.

So he did reply, and within 28 days, now I’m stuck!!! He didn’t reply with evidence, but nonetheless, he did reply!

I should have made it clear, give me a reply within evidence, not some general reply.

I’m not sure what my next move will be now, but I think it will be along the lines I have not heard or no evidence produced from you/clients 28 days from the day you sent your letter, therefore this letter serves the debt/invoice cancelled. Any further claim to any amount of monies will be taken as harassment and dealt with.

Good?
Suggestions?

I love incompetence people and company (I remember I use to claim so much from Virgin Broadband – those were the days!!) I wish I can claim some money from all of the croonies!!!

Dear Sir/Madam [term used loosely]

I write to allow you to review a Parking Charge Notice issued by Euro Car Parks (ECP) on 31/12/2012 and am now putting this under notice to you to allow you to ascertain and amend your claims and pending enforcement notice from same letter. The PCN Number and other details is given further down in this letter.

I am in receipt of 3 items of evidence that does indeed show, and prove, that you are at fault with the issue of the PCN and threats of potential follow up actions if the PCN is not paid for et al.

This evidence is being held by myself with copies made that will be submitted as evidence and used as exhibits, if and when this notice enters the legal stages in due course.

I am now requesting the following from you, that may, or may not, become part of this process as to what actions I will be carrying out in the future. Your co-operation in this matter is strongly advised and will be looked upon as favorable in subsequent correspondence between ECP and myself.

1. On your PCN letter you show 2 small photographs of a number plate allegedly entering and exiting a private car park adjacent to a retail park. I now request that you furnish me with photographs showing the vehicle entering and exiting same, complete with time date stamp on photograph which will be legal and relevant to be used in a court of law. Please be advised that in due course I will also be asking for footage of same with electronic stamp and link to whichever camera recorded this by its unique model control number, this will also be used in any subsequent legal case.

2. You obviously sent this PCN to the RK of the said vehicle and I now ask you to furnish a photograph of the driver at the time of your recording of the PCN as the RK may not have been driving the vehicle at the time and you may wish to determine who was, in your defence, for further action and subsequent legal follow up of this PCN.

3. As you state in your letter, that you use the DVLA for your information of RK, please note I will be contacting them for other information in regards to the freedom of information and data protection issues with regards to this case and will, in due course also be contacting you by way of follow up and other subsequent actions.

4. Before you respond to this letter I ask you to also consider the following, Note I will be asking for evidence of this in due course ; –

a/ What Quality Control or Assurance measures have you in place to ensure accuracy and accountability against individuals that you issue PCNs to? This may be pivotal against you depending on what you can produce and be able to prove that these were in place at the time when the PCN was issued.

b/ How do you cross-reference information from your cameras against actual times, locations and vehicles, drivers etc? Again same as a above re proof and ability to produce.

c/ Can you show when cameras were last calibrated as to time etc?

d/ As you have issued this PCN and also subsequent notice that this will be passed onto third parties please be advised that reciprocally all of the evidence I have and further productions will also be passed onto third parties, names of whom I shall produce in due course and in subsequent correspondence as this case develops.

e/ I am also requesting from you a full layout of the appeals procedure (which must be independent from your own ‘in-house’ effort) which, quite frankly holds no grounds the way it is at present. Likewise I do not recognise your use of your control account plc and have carried out further research and investigation into this and again it holds no ground that matters in the PCN and subsequent actions by you.

PLEASE NOTE THE FOLLOWING

Please furnish me with the appropriate Road Traffic Act and it’s sub-sections which appertain to your issuing the Parking Charge Notice.

DETAILS OF YOUR PCN

No xxxxxxxxxxxx Contravention date 22/12/2012
All other details you should have and not necessary to duplicate here.

SUBSEQUENT ACTION

From the above, with regard to the evidence I have in my possession, the promise of further action in a court of law and my requests to you for certain items and documents, which may mitigate your actions and the issue of your PCN – please note that you have the right to appeal up to 14 days from the date of this letter and the process will be sent to you on request should you wish to make any appeal.

From all of the above and in subsequent correspondence to you I make notice now, that I will be issuing you with an invoice for £120 + further administration fees as determined by the length of correspondence and further actions up to a maximum of £3000 or as determined by a court of law, in the future and in accordance with the laws of the land.

You cooperation is appreciated in this matter and I welcome any further correspondence and items requested above no later than 14 days from the date of this letter.

likewise/ PLEASE TAKE CAREFUL NOTE OF THIS ALSO

The Administration of Justice Act 1970.

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

A) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation:

B) Falsely represent, in relation to the money claimed, that criminal proceedings lie for failure to pay it:

C) falsely represent themselves to be authorised in some official capacity to claim or enforce payment:

D) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not:

Yours

WD Legal Department

They know this are unenforceable so let them write away.

The basic premises are thus:
1. They can’t issue you with a fine unless authorised by statute to do so, i.e. a local authority; a private parking company can only issue you with an invoice for a commercial debt, never a fine.
2. A company can only claim payment for an invoice if you were adequately informed that by parking on their land you were entering into a contract, and of any charges that would incur.

They can chase you for as long as they like. But ultimately they would have to take you to court (probably the small claims channel), and a court would only find in their favour if convinced that they were claiming a just debt. In most “shaky” cases therefore, they choose not to use the courts but instead to intimidate you into paying up. As always, it’s up to you to judge for yourself how strong your position is. Choose your battles wisely. But never just park on private land with the attitude of “they can’t make me pay anyway” because they most certainly can if they’ve set everything up right in the first place.