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Smart Parking (T&CP) Anyone come accross these clowns

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oldpink
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PostPosted: 19:49 - 13 Nov 2013    Post subject: Smart Parking (T&CP) Anyone come accross these clowns Reply with quote

my mate just got a Parking Ticket Speculative invoice for overstaying the 2 hr limit in Asda
I've told him to ignore it but I think he's still worried, a quick read up on a few sites says I'm right and they will follow the usual route of letters then debt collectors
and threatened with court action, but I have read that only Asda's lawyers can instigate court proceedings which by all accounts
very rarely happens as its not cost effective to the company's

apparently of the 1.8million tickets issued by these company's only 800 odd cases went to court in 2011

any BCF members came across these cowboy highway robbers if so what was your outcome
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Musketeer
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PostPosted: 20:18 - 13 Nov 2013    Post subject: Reply with quote

I have 3 ongoing cases like this. Car registered in my name so all the letters come to me.. it's gone a bit quiet with them recently after months of ignoring them. I will ignore everything except court summons.
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Rogerborg
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PostPosted: 20:26 - 13 Nov 2013    Post subject: Reply with quote

Where is your mate?

If in England, do not ignore it. The hilariously titled "Protection of Freedoms Act" turned out to be a charter legalising these thugs' extortion rackets. They've been winning court cases left, right and centre on the back of it.

I'd get over to pepipoo or parking-prankster and get some bang up to date advice about what's actually working and not working.

Synopsis:

Establish whether they're claiming it as a contractual charge or a penalty for breach of contract.
Assert insufficient and/or non-compliant signage.
Assert that they have no standing to pursue the issue.
Assert that it's not a true pre-estimate of loss.

That's the crib notes, he'll really want to get the full story. And not from TPUC or other raving Freementalists.
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oldpink
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PostPosted: 20:36 - 13 Nov 2013    Post subject: Reply with quote

Rogerborg wrote:
Where is your mate?

If in England, do not ignore it. The hilariously titled "Protection of Freedoms Act" turned out to be a charter legalising these thugs' extortion rackets. They've been winning court cases left, right and centre on the back of it.

I'd get over to pepipoo or parking-prankster and get some bang up to date advice about what's actually working and not working.

Synopsis:

Establish whether they're claiming it as a contractual charge or a penalty for breach of contract.
Assert insufficient and/or non-compliant signage.
Assert that they have no standing to pursue the issue.
Assert that it's not a true pre-estimate of loss.

That's the crib notes, he'll really want to get the full story. And not from TPUC or other raving Freementalists.


Luckily he's in Scotland
I read up on pepipoo or parking-prankster as both were top of the google search
there advice was to ignore or if you felt you had a case to go to Asda with a receipt
other than that most people on the relevant forums said ignore as they are not a debt recovery firm
so very unlikely to peruse it after a few letters have been sent
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keggyhander
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PostPosted: 20:40 - 13 Nov 2013    Post subject: Reply with quote

I'm in England and I'm ignoring mine. Been threatened with court by Newlyn Debt Vultures. Ignored that one and got the letter saying it's been passed back to UK Parking Control. Ta Ta Newlyn.
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tbourner
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PostPosted: 20:48 - 13 Nov 2013    Post subject: Reply with quote

Rogerborg wrote:
If in England, do not ignore it. The hilariously titled "Protection of Freedoms Act" turned out to be a charter legalising these thugs' extortion rackets. They've been winning court cases left, right and centre on the back of it.


Is that something to do with changes since the clamping ban? I was under the impression all it did was give them the right to chase the RK but no extra weight to their claim?
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carlosthejack...
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PostPosted: 21:24 - 13 Nov 2013    Post subject: Reply with quote

keggyhander wrote:
Newlyn Debt Vultures


Laughing Laughing Laughing
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Rogerborg
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PostPosted: 21:32 - 13 Nov 2013    Post subject: Reply with quote

tbourner wrote:
Rogerborg wrote:
If in England, do not ignore it. The hilariously titled "Protection of Freedoms Act" turned out to be a charter legalising these thugs' extortion rackets. They've been winning court cases left, right and centre on the back of it.

Is that something to do with changes since the clamping ban? I was under the impression all it did was give them the right to chase the RK but no extra weight to their claim?

That's how it was sold. The wording is quite different. For one thing, it allows them to charge whatever penalty is shown on the sign, rather than the true "loss".

Parking Eye have been been filing County Court cases out the wazoo and winning most of them - with a few notable exceptions - and I believe it's largely because they can now wave an Act and say "Look! Legal!", irrespective of whether that's actually the case or not.

I wouldn't ignore one any more, is my point.
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bikertomm
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PostPosted: 21:33 - 13 Nov 2013    Post subject: Reply with quote

I had around 12 of these (yes, 12) come through in the bad times from which I worked at the place in question..

Whilst I was parked were we should have been the monkeys didn't inform them not to ticket the certain area.

Seeing as the people in HR couldn't find their own vaginas I collected them all up just incase and ignored them.

It's been 2 years.. Thumbs Up
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keggyhander
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PostPosted: 21:59 - 13 Nov 2013    Post subject: Reply with quote

Rogerborg wrote:
Parking Eye have been been filing County Court cases out the wazoo and winning most of them - with a few notable exceptions - and I believe it's largely because they can now wave an Act and say "Look! Legal!", irrespective of whether that's actually the case or not.

I wouldn't ignore one any more, is my point.


My transgression was parking in a disabled spot in a free carpark for 15 minutes.

If I get a summons, I intend bribing the beak with a donation to a disabled charity of the beak's choosing for the sum of the original charge of £57, in return for sending UKPC off with a flea in its ear.

The local press would crucify him.
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map
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PostPosted: 23:48 - 13 Nov 2013    Post subject: Reply with quote

keggyhander wrote:
Rogerborg wrote:
Parking Eye have been been filing County Court cases out the wazoo and winning most of them - with a few notable exceptions - and I believe it's largely because they can now wave an Act and say "Look! Legal!", irrespective of whether that's actually the case or not.

I wouldn't ignore one any more, is my point.
My transgression was parking in a disabled spot in a free carpark for 15 minutes...

In the days before the clamping change got one of these for parking in disabled spot. However, had one of the old 'registered disabled' green cards on display (I was chauffeur for a shopping trip - White Rose centre in Leeds). I was really, really hoping they'd play the court card. Trying to argue why a disabled person had been fined for using a disabled parking spot would have been worth seeing. I would have made sure the press and the internet be made aware of Land Securities and their parking sub-contractor's behavior.
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keggyhander
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PostPosted: 00:25 - 14 Nov 2013    Post subject: Reply with quote

map wrote:
Trying to argue why a disabled person had been fined for using a disabled parking spot would have been worth seeing. I would have made sure the press and the internet be made aware of Land Securities and their parking sub-contractor's behavior.


Oh, I'm not disabled, or got a "Hurty-Back Badge"™.

I merely had a bit of plantar fasciitis (couldn't put my heel down) and was probably having more gyp than the hurty-back-plus-free-car brigade. So I parked near the doors. Fuck 'em.
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