Parking ticket scammers

Originally Posted by Ed

New Leaf - yes the collection agency will add their whack. Just refuse to deal with them and either (a) they'll give up or b) they'll issue proceedings. If (a) all well and good. If (b), the charges are every bit as unenforceable as the 'fine'.

Surely what they're doing is extortion? Why is it allowed? I'm guessing because they can't stop private companies doing it while councils do it as a matter of course.

See this all the time.

More of a harrasment thing. They charge and many people will jsut pay. I've known so many people to get a letter saying they owe xyz or go to court in 2 weeks.

It gets binned, they never hear anything again.

[timwilky]

I had to laugh, in the run up to christmas my local asda were enforcing the disabled parking with tickets. One guy issuing tickets, two security guards to stop him getting thumped.

Big sign up on customer services to say the parking tickets were nothing to do with the store.

Originally Posted by Stu

I don't understand bold bit.

and how can you go to court if they don't send you a summons? should you issue a summons saying they are unfairly hassling you?

Stu - you can't get adverse debt entries registered before you go to Court unless the debt is regulated by the Consumer Credit Act. Under the Act, if you miss a payment, a lender can register a 'Notice of Default'. If the matter is not CCA regulated - like this - then they can't do that.

So, all they can do is sue you. They have to prove that you were the driver. There is no obligation on the registered keeper to identify the driver - this is not a s172 Road Traffic Act matter where the police can require the RK to identify the driver. And unless they have CCTV evidence, that is going to be very difficult. They have to prove it on the balance of probabilities, so at least 51/49, and how can they prove anything without evidence?

Let's assume that they do identify you and have shown therefore that they are suing the correct person. These issues are a simple contract matter. They will say that the signage was the terms of a contract. So, they will have to show that the signage did do that, and that they took adequate steps to draw the signage to the driver's attention. Whether they did or not is a matter of fact, so the answer is to go take photos of the signs so you can say that the signs were not within normal field of vision, and then set out the facts (assuming that they were placed awkwardly where nobody would see them) in the defence document.

This is small claims litigation, so no legal expenses allowed - even if they win, all they recover is the Court issue fee, and witness expenses in accordance with the Court scales. If the 'penalty' - and there are additional issues about the enforceability of 'penalties' in contract law, you can't charge 'penalties', the amount has to be a reasonable assessment of loss, not a penalty, so there's a further defence - fails because of inadequate signage, then debt collection agency costs will fail too.

It goes without saying that this is a long drawn out process and it's most unlikely that the landowner would sue. Some will, of course - there is no guarantee. Intimidation is by far the best tactic on the basis that around 50% of people will pay up without them having to do anything. I've nevver acted for anyone whio's been sued on this basis, but that's just my (limited) experience. if the parking people think they are justified, then they might well have a pop. And, when a Claim Form arrives from the Court, a lot more people will pay up because they feel intimidated by going to court.

If threatening letters keep arriving, the best thing to do is to reply, making no admissions, but inviting them to sue within 14 days else you'll refer any further threatening letters to the police as harrassment.

[STRAMASHER]

Appreciate all the replies folks.

so if he goes to court - and the court decides that the signs were adequate - then he has to pay the £60, plus any thing the debt collection agency adds on top, plus the court issue fee and expenses etc.

I think it stinks. Its just wrong that debt collection agencies can add extra fees on whilst there is still disagreement as to wether the charge is valid or not in the first place. They should have to go to court and get a ruling as to wether the charge is valid before the dept collection agency can start adding charges willy nilly.

Originally Posted by New Leaf

so if he goes to court - and the court decides that the signs were adequate - then he has to pay the £60, plus any thing the debt collection agency adds on top, plus the court issue fee and expenses etc.

I think it stinks. Its just wrong that debt collection agencies can add extra fees on whilst there is still disagreement as to wether the charge is valid or not in the first place. They should have to go to court and get a ruling as to wether the charge is valid before the dept collection agency can start adding charges willy nilly.

No not nec. The £60 is almost certainly a penalty - where's the genuine pre-estiimate of reasonable loss?

And the debt collection stuff - does the contract entitle these? And at what rate? Can attack these as unreasonable and penalties also.

Mum got a parking 'ticket' from a private company for allegedly parking in front of a loading bay- for £94. I was writing letters for her, asking for proof etc, they wouldn't give any proof, only "Your vehicle was parked in front of a loading bay and this is strictly prohibited, pay your fine by the 16/2/2009 or we will take you to court"... Dad sent them a cheque yesterday.

Originally Posted by Sean_C

Mum got a parking 'ticket' from a private company for allegedly parking in front of a loading bay- for £94. I was writing letters for her, asking for proof etc, they wouldn't give any proof, only "Your vehicle was parked in front of a loading bay and this is strictly prohibited, pay your fine by the 16/2/2009 or we will take you to court"... Dad sent them a cheque yesterday.

Oh dear. +1 to these rip off merchants.

Originally Posted by Sean_C

Mum got a parking 'ticket' from a private company for allegedly parking in front of a loading bay- for £94. I was writing letters for her, asking for proof etc, they wouldn't give any proof, only "Your vehicle was parked in front of a loading bay and this is strictly prohibited, pay your fine by the 16/2/2009 or we will take you to court"... Dad sent them a cheque yesterday.

Cancel it!