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Parking ticket


normanhillred

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1 hour ago, Coombsy said:

They been up a long time as its a private firm goggle parking tickets from private firms they don't chase for there money it cost them to much to take you to court 

That used to be the case but is not anymore as they are taking more and more people to court and if you just ignore the letters you will end up with a CCJ without your knowledge,.Take a look here ......http://forums.moneysavingexpert.com/showthread.php?t=4816822

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6 minutes ago, BobbyC said:

That used to be the case but is not anymore as they are taking more and more people to court and if you just ignore the letters you will end up with a CCJ without your knowledge,.Take a look here ......http://forums.moneysavingexpert.com/showthread.php?t=4816822

Yes it all changed when they stopped being allowed to clamp cars and hence lost all the release fees. They almost have to pursue it now to make the business viable.

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Whilst parking companies are able to file for county court judgements, the legal basis is sketchy at best.

They aren't allowed to fine people, so they have to claim based on their lost revenue or costs incurred from your parking. As they are contracted it's not them that would lose the revenue, it would be the land owner or residents and the parking firm would not be allowed to claim on someone else's behalf.

They also my try to claim that by reading the signs you have entered into a contract with them. 

you can make these people disappear by writing to them and letting them know you know the legalities, but as other people have said do not ignore the letters or you may end up with a court summons.

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11 hours ago, redmycolour said:

I'd appeal.but its according where and how you parked.each resident has there own parking space.there are signs up.

First thing NEVER EVER appeal, in doing so you are admitting you have done something wrong.

9 hours ago, BobbyC said:

That used to be the case but is not anymore as they are taking more and more people to court and if you just ignore the letters you will end up with a CCJ without your knowledge,.Take a look here ......http://forums.moneysavingexpert.com/showthread.php?t=4816822

Some companies will go as far as taking it all the way to Northampton traffic centre.

If you want to engage them then a letter along the lines below is what you need to start with then go from there, remember NEVER appeal, you are rebutting their claim.

 

To whom it may concern,

NOTICE

Notice to Agent is Notice to Principal – Notice to Principal is Notice to Agent.

Date:.........................
Ref: .......................
Reg: ..........................

This is in reply to your letter dated ....................... This matter is currently in fact (and in law) a “dispute”, this is not an “appeal”.

If you are not the landowner, I will need to see a copy of your contract, showing the restrictions, the charges, the dates and terms of business including any payments
 between yourself and your client and the definition of your status as agents or contractors and your assigned rights (if any).

The legal basis of your charge, which is not clear (i.e. breach, trespass or contractual fee). As keeper, I cannot be expected to guess the basis of your allegations.


i. If alleging breach of contract, please supply a breakdown of your alleged 'loss' and state the intention of your enforcement (i.e. deterrent or revenue). 
ii. If alleging trespass, enclose further evidence of the perpetrator, proof of the liquidated damages alleged and the calculation of this sum by the landholder. 
iii. If alleging 'contractual fee' I request a VAT invoice by return and your explanation of how you can allow drivers to park 'in breach' for a fee when your client
 originally contracted you in order to disallow and deter - not allow and profit from - unauthorised parking. I contend this charge is merely a penalty which is not 
recoverable in contract law (as found by Mr Recorder Gibson QC in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014 Appeal). 

Please supply proof of your locus standi to offer contracts to drivers at this site and to bring a claim in your own right for this particular contravention.

Under the Bill of Rights 1688 / 1689, it makes clear that all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void,
 unless tried by a jury of 12 good men and women.

As per the Bills of Exchange Act 1882, please verify the debt by sending a signed bill / invoice, along with the supporting two-party contract. 
The Bills of Exchange Act 1882 clearly states it is unlawful to demand / request monies without an appropriate bill / invoice.

The Protection of Freedoms Act 2012 is only applicable if the driver details are not provided and confirmed with supporting evidence.

I was not the driver of this vehicle at the time or location alleged. I am however willing to provide you with the details of the driver for an administration 
fee of £20.00.

For future reference, if any further contact originates from you, this will also be subject to my charges in the following fee schedule:

====================================
All / Any future communications to me = £150
====================================

Implied admission, absent a response and compliance creates legal accord.

By:
The keeper of the vehicle.
All Natural Indefeasible Rights Reserved.

No assured value, No liability. Errors & Omissions Excepted. All Rights Reserved. 
WITHOUT RECOURSE – NON-ASSUMPSIT
All future calls maybe recorded.

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11 minutes ago, northsomersetred said:

First thing NEVER EVER appeal, in doing so you are admitting you have done something wrong.

Some companies will go as far as taking it all the way to Northampton traffic centre.

If you want to engage them then a letter along the lines below is what you need to start with then go from there, remember NEVER appeal, you are rebutting their claim.

 

To whom it may concern,

NOTICE

Notice to Agent is Notice to Principal – Notice to Principal is Notice to Agent.

Date:.........................
Ref: .......................
Reg: ..........................

This is in reply to your letter dated ....................... This matter is currently in fact (and in law) a “dispute”, this is not an “appeal”.

If you are not the landowner, I will need to see a copy of your contract, showing the restrictions, the charges, the dates and terms of business including any payments
 between yourself and your client and the definition of your status as agents or contractors and your assigned rights (if any).

The legal basis of your charge, which is not clear (i.e. breach, trespass or contractual fee). As keeper, I cannot be expected to guess the basis of your allegations.


i. If alleging breach of contract, please supply a breakdown of your alleged 'loss' and state the intention of your enforcement (i.e. deterrent or revenue). 
ii. If alleging trespass, enclose further evidence of the perpetrator, proof of the liquidated damages alleged and the calculation of this sum by the landholder. 
iii. If alleging 'contractual fee' I request a VAT invoice by return and your explanation of how you can allow drivers to park 'in breach' for a fee when your client
 originally contracted you in order to disallow and deter - not allow and profit from - unauthorised parking. I contend this charge is merely a penalty which is not 
recoverable in contract law (as found by Mr Recorder Gibson QC in the case of Civil Enforcement v McCafferty 3YK50188 (AP476) 21/2/2014 Appeal). 

Please supply proof of your locus standi to offer contracts to drivers at this site and to bring a claim in your own right for this particular contravention.

Under the Bill of Rights 1688 / 1689, it makes clear that all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void,
 unless tried by a jury of 12 good men and women.

As per the Bills of Exchange Act 1882, please verify the debt by sending a signed bill / invoice, along with the supporting two-party contract. 
The Bills of Exchange Act 1882 clearly states it is unlawful to demand / request monies without an appropriate bill / invoice.

The Protection of Freedoms Act 2012 is only applicable if the driver details are not provided and confirmed with supporting evidence.

I was not the driver of this vehicle at the time or location alleged. I am however willing to provide you with the details of the driver for an administration 
fee of £20.00.

For future reference, if any further contact originates from you, this will also be subject to my charges in the following fee schedule:

====================================
All / Any future communications to me = £150
====================================

Implied admission, absent a response and compliance creates legal accord.

By:
The keeper of the vehicle.
All Natural Indefeasible Rights Reserved.

No assured value, No liability. Errors & Omissions Excepted. All Rights Reserved. 
WITHOUT RECOURSE – NON-ASSUMPSIT
All future calls maybe recorded.

Taking a copy of this for future use, cheers. Working around the country I have had a few incidents in the past. the usual trick is to place signs so far up the lamposts that you can't read the damn things.

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