Chris x
Member
Registered: 11th Sep 08
Location: Bexhill
User status: Offline
|
quote:
Originally posted by Welsh Dan
Just to clarify, have you sent them a letter, or not?
Don't waste your time replying.
No, nothing.
|
Chris x
Member
Registered: 11th Sep 08
Location: Bexhill
User status: Offline
|
quote:
Originally posted by Ian
Its not a fine, its an invoice for your parking there.
They can only invoice you if they had a contract with you - which they only had if you entered one.
You only entered one if you saw and accepted the signs.
Even if you did see the signs, they can't identify you from DVLA records as these only show keeper of the car. They've no legal power to have you disclose the driver on the day and this could be anyone driving third party on their own policy so they've not even got a short list of people.
Writing back just confirms you know things and will give them a lead. They are better ignored.
Root of the matter is that the fine was never a fine at all, hence why you don't owe it, hence why the nasty letters are largely pointless. If anyone got nasty letters for different reasons and ended up in court, I would suspect they are for different reasons and not parking fines. If they are then you've been unlucky in having identified yourself as being in a contract, they're normally not that clear.
Im interested to see what other stuff they send me in the post, see how hard they try for this money! 
|
Jimbothebarbarian
Member
Registered: 19th Apr 07
Location: Cumbria..........drunk..
User status: Offline
|
I've had first hand experience of these mate and the best advice as already mentioned is to ignore it and not to enter into any kind of communication even though it's soooo tempting to start with the smart arse replies you read on tinterweb. 
The wife got one and the effect it had on her was amazing! They look very official and have links to photos of your car "committing" the "offence" and have big red writing etc etc. The so called fine will increase and they'll start linking to successful cases they've won in court and it's all bluff and bluster. My wife was fucking killing herself to pay, terrified of court action and being blacklisted.
Anyhow eventually they give up and as mentioned they have no real legal right to any money and no-one has been successfully taken to court ever and the very few that have been have been bounced straight out by the judge/magistrate because they hate these chancers more than most.
Be cool and ignore.
|
Russ
Member
Registered: 14th Mar 04
Location: Armchair
User status: Offline
|
quote:
Originally posted by K2 GTi
Use it to wipe your arse
then post it back
|
Chris x
Member
Registered: 11th Sep 08
Location: Bexhill
User status: Offline
|
quote:
Originally posted by Jimbothebarbarian
I've had first hand experience of these mate and the best advice as already mentioned is to ignore it and not to enter into any kind of communication even though it's soooo tempting to start with the smart arse replies you read on tinterweb.
The wife got one and the effect it had on her was amazing! They look very official and have links to photos of your car "committing" the "offence" and have big red writing etc etc. The so called fine will increase and they'll start linking to successful cases they've won in court and it's all bluff and bluster. My wife was fucking killing herself to pay, terrified of court action and being blacklisted.
Anyhow eventually they give up and as mentioned they have no real legal right to any money and no-one has been successfully taken to court ever and the very few that have been have been bounced straight out by the judge/magistrate because they hate these chancers more than most.
Be cool and ignore.
Haha! Nice one!
Yeh, will see how it goes! 
|
baza31
Member
Registered: 19th Apr 03
Location: yorkshire
User status: Offline
|
I got clamped about two years ago . It was my fault like. When I called a guy turned up and wanted £150. I'd of paid £30 for been out of order but they tried taking piss. I had to get a taxi back and went back with wagon and dragged it on . Whilst I was doing it the same guy come out and and called police who turned up . Copper said they can do me for criminal damage and theft . I gave the guy another chance to take it off who refused and copper logged what I said. In end I took it to yard and cut a link off the chain and took it back to the jumped up twat. I heard no more of it , I was tempted to thow it in scrap.
[Edited on 04-01-2012 by baza31]
|
corsatdi
Member
Registered: 7th Nov 10
Location: Kent
User status: Offline
|
Going through a similar thing now from my old uni, as you are probably aware from reading mse there is a precedent set now that th driver assumes liability however they're are other legal technicalities as mentioned by Ian etc. ride it out but be prepared for a lot of letters and them somehow appropriating your home number!!
|
Chris x
Member
Registered: 11th Sep 08
Location: Bexhill
User status: Offline
|
Got another letter today!
|
AshWatson
Member
Registered: 18th Jun 10
Location: West Yorkshire
User status: Offline
|
quote:
Originally posted by Chris x
Got another letter today!
anything good or interesting ? lol
as obviously said by now mate just dickhead companies using scare tactics as looking officall and fierce makes 1 out of 4 for example pay,
some people where my girlfriend works got exact same thing from a car park where some of the staff use, a lad from her work doesnt drive so he walked to the car park with the other members of staff which then his mum drove in picked him up and drove straight out, old dusty flat car park on outskirts of town, his mum received letters saying they have photos of "evidence" and can easily prove the breach of conduct, being a woman she shit it and payed, another fella got same and now many months later he opens letter sees company name and bins them without reading
|
BeArDy
Member
Registered: 7th Aug 00
Location: Manchester
User status: Offline
|
right to help you out.
Will outline and main facts and if you want to research it more then do so.
The parking fine is legal BUT the loop hole is the legal/fine is between the land owner and the driver.
So this company is working for the land owner now the key to all this is the DRIVER.
Its your legal right to remain silant and you are innocent until proven guilty.
SO what you do is reply back with a letter saying in a nut shell -
"i agree i am the owner of the said car BUT i am unsure who the driver as at the time as the incident as the car is share between a few people, can you supply some infomation of who was at the time ie photos etc to help you track down who the fine is for. also can you forward me what parking laws you are working under. thanks"
Once you have sent this they may try a few time to chase you but stick to you guns, they will go away mate.
Done it millions times mate when go to places like ciniworld and they give you a ticket just throw them away. ONLY pay council parking ticket as they are lawful.....
|
BeArDy
Member
Registered: 7th Aug 00
Location: Manchester
User status: Offline
|
quote:
Tickets issued by private companies on private land such as supermarket car parks are completely different from local authority tickets and not covered by the same regulations. Your best bet is to ignore these scamsters and not respond. They would have to take the driver (not the owner) to court to get anywhere and have no chance of winning, as in this case
http://www.ticketfighter.co.uk/private.htm
|
BeArDy
Member
Registered: 7th Aug 00
Location: Manchester
User status: Offline
|
also to add this will not get passed around a million other debt companys under loads of differant names.
ONLY for the first company send them a letter like i stated and save copies. Any other companys write throw them away and if anyone rings just say i already spoke to the first company who tried, please take me to court.
As they will not expect it, just keep saying TAKE ME TO COURT THEN.
They get bored ofter a while
|
Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Offline
|
They don't have no chance.
They need two things -
A contract.
Proof who was driving.
Contract can be done with signs but it's very difficult to proof you accepted that - weakness 1.
Proof of the driver is difficult because they don't know what you look like even if they have pictures. And crucially they don't have any legal right under Section 172 of the Road Traffic Act to find out, as the Police or councils would do - weakness 2.
Hence why you should never indicate to them that you were driving, or that you saw signs because if you do you actually have to pay it and can be taken to court and will lose.
Just because its difficult to bring a case doesn't mean it's impossible, but you are quite within your rights to make it as difficult as possible for anyone to do so.
[Edited on 05-01-2012 by Ian]
|
