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nowhere.elysium
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PostPosted: 11:46 - 19 Jan 2012    Post subject: Private parking companies. Reply with quote

Morning all.

I know that the generally accepted wisdom is to ignore letters from private parking companies, but I'm wondering if there's any way that I can really stick it to them, that doesn't require going to court?

I've been sent a request for £90, after ignoring the ticket.

What actually happened was that I parked my bike on the pavement at a shopping centre, went in to a store for less than ten minutes (I have the receipts to prove that), came out, found a ticket on my bike. Obviously, I exchanged a few words with the guy that plastered the ticket on to my bike, and he made a big song and dance about how I should've used the motorcycle bays.
The thing that amuses me most about this is a) my local borough doesn't ticket bikes, so it's a spurious charge, and b) when I asked where these much vaunted motorcycle bays were, I was pointed towards an unmarked cycle rack.

I'll try to get some photos of the signs and the cycle rack later on today.

I've read through pepipoo and this fantastic thread, and I'm well aware of the fact that they've got no real power in this situation. I was especially interested by the fact that the solicitor that UKPC claim to use ceased trading seven years ago. I'd just like to be able to legally tell them to shove it.
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Marmalade
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PostPosted: 12:16 - 19 Jan 2012    Post subject: Reply with quote

Legally telling them to shove it just tells them you are alive and well and taking notice.

Ignoring them completely has cost them for your details from dvla and their time and money sending stuff out.

Ignore and they'll go away.

Best thing to do would be to torch one of their ticking issuers cars but of course none of us would consider such an action.
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G
The Voice of Reason



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PostPosted: 12:40 - 19 Jan 2012    Post subject: Re: Private parking companies. Reply with quote

How about a letter to the director of the shopping centre company pointing out the issues with their system?

The rest, I'd just ignore until you get actual court papers.
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Rogerborg
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PostPosted: 12:44 - 19 Jan 2012    Post subject: Reply with quote

The best way to punish them is to keep parking there and see if they waste more money making hilarious 'enforcement' threats.

Hang on, "pavement"? That would normally form part of the carriageway and should be handled by the local council. You could write to them and ask.
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Marcg868
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PostPosted: 12:53 - 19 Jan 2012    Post subject: Reply with quote

Agreed, no Court is even going to look consider going through with court proceedings for anything less than £500.
Alot like Debt Collection Monkeys, they are scare tactics. Just tell them to fuck off.
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nowhere.elysium
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PostPosted: 13:02 - 19 Jan 2012    Post subject: Reply with quote

Marmalade wrote:
Best thing to do would be to torch one of their ticking issuers cars but of course none of us would consider such an action.


Where's Hetzer when you need him? Laughing

I've been doing a bit of digging; the solicitor that they claim to use is this guy - he'd be in his 70s by now, at the very least. I love the fact that he claims to know computing law, and yet can't understand that google rumbled him a long time back Laughing
He's been the 'legal' backer for several of these dodgy parking companies - the company that uses his name, Graham White, just happens to be very close to the name of a real solicitors firm; one that's actually respected, or so I'm told. Look at the third line underneath the red boxes on this page, and you'll see that the real company has been stung by that association more than once.

Amusingly enough, this guy seems to love defending complete tossers in court.

Having spent a while googling, I've found out that the debt collection agency is ~100ft away from the solicitor's office, which is interesting, especially given that their registration with Companies House suggests that they're supposed to be based in Croydon, which is a further 22 miles away.
Even more interestingly, it would appear that Graham White Solicitors, or Michael Sobell, uses a series of template letters for several different companies.

This isn't even a very well-constructed scam.

I am disappoint.
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Koltu
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PostPosted: 13:35 - 19 Jan 2012    Post subject: Reply with quote

Who needs Sherlock on BBC when you can go on BCF!!!
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nowhere.elysium
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PostPosted: 13:37 - 19 Jan 2012    Post subject: Reply with quote

Koltu wrote:
Who needs Sherlock on BBC when you can go on BCF!!!

Heh. I haven't even gotten started.
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stinkwheel
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PostPosted: 15:09 - 19 Jan 2012    Post subject: Reply with quote

Although it should be noted that getting into a dispute with the person who issued the ticket is exactly the wrong thing to do in this situation.

A lot of the legalese nonsense depends on ambiguity as to who was actually driving at the time. Having a toe-to-toe with the parking attendant makes you memorable and identifiable in the unlikely event it ever did come to court.
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Cheeseybeaner
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PostPosted: 13:44 - 21 Jan 2012    Post subject: Reply with quote

Rogerborg wrote:
The best way to punish them is to keep parking there and see if they waste more money making hilarious 'enforcement' threats.

Hang on, "pavement"? That would normally form part of the carriageway and should be handled by the local council. You could write to them and ask.


I'm with you on that but I'd suggest not pushing it too far!

Problem is although they can't enforce their fines and its just paperwork there's but little to stop them clamping your bike or otherwise deciding to remove it.

Not saying it 'would' happen but it 'could' be done, for all you know you'd end up on their blacklist and they may decide to clamp/tow the bike.

Unlikely perhaps but depends on the outfit.
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pepperami
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PostPosted: 13:54 - 21 Jan 2012    Post subject: Reply with quote

Marmalade wrote:

Best thing to do would be to torch one of their ticking issuers cars but of course none of us would consider such an action.


If I thought that for one little moment that I could get away with it I would (alledgedly) Thumbs Up Smile
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J.M.
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PostPosted: 16:23 - 21 Jan 2012    Post subject: Reply with quote

Rogerborg wrote:
... Hang on, "pavement"? That would normally form part of the carriageway and should be handled by the local council.

Cheeseybeaner wrote:
... there's but little to stop them clamping your bike or otherwise deciding to remove it.

Cheeseybeaner wrote:
... they may decide to clamp/tow the bike.


But surely if it did happen, and Roger is right about the pavement being council owned, then they would have actually stolen your bike. You could then proceed to take legal action against them to pay for the inconvenience caused, damages to the bike, time off work, etc?*

*I'm probably talking out of my arse. I know next to nothing about law.
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st3v3
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PostPosted: 21:45 - 21 Jan 2012    Post subject: Reply with quote

jordanmoore wrote:
Rogerborg wrote:
... Hang on, "pavement"? That would normally form part of the carriageway and should be handled by the local council.

Cheeseybeaner wrote:
... there's but little to stop them clamping your bike or otherwise deciding to remove it.

Cheeseybeaner wrote:
... they may decide to clamp/tow the bike.


But surely if it did happen, and Roger is right about the pavement being council owned, then they would have actually stolen your bike. You could then proceed to take legal action against them to pay for the inconvenience caused, damages to the bike, time off work, etc?*

*I'm probably talking out of my arse. I know next to nothing about law.
what he said, id be on the phone to plod witj a twoc allegation.

Parking fines, even legitimate, are a civil offence but twoc is criminal.
Who get's the last laugh there? Wink
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Raffles
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PostPosted: 23:50 - 21 Jan 2012    Post subject: Reply with quote

FFS How can a pavement (or any other area) in what is presumably a privately owned shopping centre come under the jurisdiction of the local council Rolling Eyes
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st3v3
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PostPosted: 00:15 - 22 Jan 2012    Post subject: Reply with quote

Think we need a Google streetview screenshot to determine the technics. Smile
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nowhere.elysium
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PostPosted: 00:33 - 22 Jan 2012    Post subject: Reply with quote

st3v3 wrote:
Think we need a Google streetview screenshot to determine the technics. Smile


I did try to get a google streetview image, but it's not covered in their map.
For now, I'm going to ignore the letters. I'm too tied up in other things at the moment to really invest a huge amount of time or energy in fighting back, although I'm tempted to try collating some information about the more legally questionable practices of the company, just in case it does get any heavier.
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sepher
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PostPosted: 00:59 - 22 Jan 2012    Post subject: Reply with quote

I've had one from a private company for parking in a disabled spot at Tescos. The spot was coloured the same as a child and parent space minus the disabled sign on the floor.

I ignored all 7 letters and nothing came off it, I was threatend with court action and all sorts. The fine doubled, then halfed. This was years ago now.

In fact I've recently acquired a new one, for parking on double yellows in a hospital - private company again - but this was so I could park the car near the back door as I working there. I'm on my second letter, and the fine has doubled too £130. They go straight in the bin Very Happy

These private companies hired to police the parking have no legal standing. Unless it's issued by the council or police itself, ignore it Thumbs Up
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Rogerborg
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PostPosted: 01:18 - 22 Jan 2012    Post subject: Reply with quote

Agreed, so please stop saying "fine". A fine can only be levied by a court, or (spit) an "independent and impartial tribunal".
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calyx
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PostPosted: 02:12 - 22 Jan 2012    Post subject: Reply with quote

Rogerborg wrote:
Agreed, so please stop saying "fine". A fine can only be levied by a court, or (spit) an "independent and impartial tribunal".


What they are doing is "begging".
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st3v3
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PostPosted: 03:55 - 22 Jan 2012    Post subject: Reply with quote

calyx wrote:
Rogerborg wrote:
Agreed, so please stop saying "fine". A fine can only be levied by a court, or (spit) an "independent and impartial tribunal".


What they are doing is sending unsolicited crap.
EFA.
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Taught2BCauti...
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PostPosted: 14:18 - 23 Jan 2012    Post subject: Reply with quote

It is important not to admit to being the owner of the vehicle, or the person who parked it if you are spoken to by the parking troll - in fact, say nothing at all, just walk away - and don't let them photograph you!

Never reply to any of the letters you are sent - just destroy them and forget about it - they will eventually give up.

They only win if you volunteer to pay up - they would never get a case to court.

Only the Police and local Council can issue parking 'fines' - these private companies can only make demands for an administration fee, or any legitimate parking charges that you have avoided.

I live near to the Merry Hill Shopping Centre, and someone used to get back at the private parking company by putting a notice on any vehicle that had been ticketed, basically saying that there was no legal requirement to pay the ticket and to ignore it - my neighbour got one recently.

Just google the name of the Private Parking Company (TPS or UKPC are quite prolific) and the word 'complaint' to see what other people have experienced.
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robbieguy2003
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PostPosted: 16:15 - 23 Jan 2012    Post subject: Reply with quote

I had one from a carpark at Gatwick - where Mcdonalds & BP is. I was picking someone up, their flight was delayed and I decided to get some food whilst waiting.

They sent a shitty letter, then a few more, I could have just left it but decided to stop it dead. I wrote a letter stating the following, but in legal talk;

> I dont know who was driving, under section blah blah the contract is between you and the driver, and I dont have to release the drivers details, but i'm a nice guy and can't remember.

> It was a McDonalds car park, I have, as have many others parked in these for years and never had a problem, just because it's on an airport site changes shit, it's still a McDonalds and people expect to park for free.

> This letter is recorded and I charge my time at £600 per day, if I have to spend more time explaining this matter to you, I will be sending charges back to you as a seperate case which I WILL actually take to the nearest court to your location.

I sent the above recorded and recieved one further letter explaining that they wouldn't be taking the matter any further. I could have left it but got fed up of finding annoying brown letters in my postbox...
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