Thanks for the extra input Sidewinder. Caz I hope this clarifies things for you.

Is this a council issued PCN (Penalty Charge Notice)? Should mention Road Traffic Act 1991 as amended at the top. If this is the case then you should appeal it or pay it. Post a copy up with your details obscured so that it can be checked. If this is a private parking company Parking Charge Notice (or similar) which I suspect it is then have a read of the following sticky at the top of this forum. Private Parking Companies/Charges - Advice Paper (everything you need to know) Absolutely not. The contract is with the driver not the RK. They have merely obtained the RK from DVLA for a fee. But see below. Yes in fact it is a penalty charge given that it was a free car park. See the guide on this. You have grounds to deny the charge. Basically under trespass all they can claim is damages which in a free car park is nothing. They cannot add a penalty for trespass. No. This is an unlawful charge and you should write to the lease company denying the charge. You may find post 20 of this thread useful. OPC Private Parking Tickets. Have a read of the template letters at the top of this forum. You should write back to the PPC to deny their charge. Hope this helps

Just one question. You mention a Parking Attendant. Where were you parked in a council car park, on a street, etc? If you were in a private car park then you will probably have grounds to reclaim your money. If you were on the street or in a council run carpark then your PCN will mention either the Road Traffic Act 1991 or the Road Traffic Act 1984. I suspect you have no grounds for an appeal on the grounds that you were displaying the badge as you have paid the fine already and an appeal should have been lodged within that time. However there are issues over the legality of the tickets some councils are issuing. The issue involves the dates put on the ticket. They must have a date of issue and a date of contravention on the ticket. If they don't then the ticket is invalid and you should be able to get your money back. If you still have a copy of the PCN could you post a copy up, with your details obscured, so that we can have a look at it.

Given your previous posts are you suggesting that ppc might obtain the details of the RK from the DVLA and then using that data attempt to locate and clamp/tow the vehicle until the outstanding invoices are paid? (i.e. like councils do with PCNs and FPNs) The answer to your question is No. Councils have to obtain orders from the court before such matters can be enforced. A PPC would be subject to the same rules. They would have to take you to court (and we know that they don't like doing that), obtain a judgment against you and if you then failed to pay, they could then apply to the court to have the judgment enforced. It would then be down to the court appointed bailiffs to obtain payment. If a PPC tried to circumvent this process by clamping you then they are guilty of interfering with a motor vehicle. If they tow the vehicle away then they are guilty of taking without the owners consent (twoc). Either way you could report the matter to the police and get the perpetrators arrested for one of the following: interfering with a motor vehicle, taking without the owners consent or for handling stolen property. If of course you park in area where they have signs posted etc and comply with the SIA act they could clamp you but under the act they can only charge the amount stated on the sign and must release in a reasonable time once payment or an offer to pay has been made. As I said in my earlier post they cannot add other charges. If they did and you paid up you would have a very valid claim to get your money back from the small claims court and as mentioned grounds for a criminal complaint as I stated in my previous post.

As I understand it the laws and legal basis regarding clamping means that once you agree to pay the release fee for the clamping they must release it. If they refuse to do so in a reasonable space of time they are in breach of the Security Industry Act. If you did find yourself in this situation I would be inclined to call the police and make a complaint of demanding money with menaces. Given that they are trying to take your money under duress I think you would have a good chance of making the complaint stick. If they tow your car and demand extra money above and beyond the stated fees I think you will find they are in breach of the act and you can get the police involved.

Here's a nice little sting for these people. If it does go to court and they lose (as they surely will) you have grounds for a counterclaim to get your costs reimbursed. So make sure you keep your receipts for sending recorded delivery.

Alan, I've been hanging round these forums for a few months now and also on EDIT and I think you will find that most of these PPCs will not take you to court. It's all bluff, bluster and intimidation. Basically most Private Parking Companies haven't got a leg to stand on and they know it. They may pass debts on to Debt Collection Agencies. If they do you merely need to inform the DCA that the Debt is disputed and they should refer it back to the client. In answer to your question very, very occasionally one of these companies might take someone to court. It's very rare as they usually have insufficient evidence to prove their case (i.e. no proof of a contract with the driver). Other things to bear in it's usually only the small claims court that you are in. As with all court case you have the right to be heard and to present a defense. If you do find yourself with a summons for a court date please don't panic or get stressed. Post details on this forum. There are some really helpful people on these forums who will be happy to help you and advise you. If you present a proper defense you will almost certainly win. If you do get taken to court, unlikely though it is, and, even more unlikely, lose, you will not have to pay anything more than the charges set by the PPC provided the Judge deems them reasonable. The judge may award costs against you (usually the filing fee) and add some interest. If you then fail to pay the amount set then be prepared for visits from Debt Collection Agencies and Bailiff. As I say this is all extremely unlikely as these guys don't like to take people to court.

Clamping is legal in England and Wales. It is regulated under the Security Industries Act and there is a regulatory body the Security Industry Authority (SIA). The citizens advice bureau have an excellent guide to clamping here. The act requires all vehicle immobilizers (clampers) to be licensed by the SIA. They must follow strict guidelines including but not limited to 1. Clear signage detailing release fees and any subsequent charges that may be made. (e.g. towing away and storage). 2. A contact number for payment 3. An SIA I.D. badge must be displayed by anyone clamping or releasing a vehicle 4. A receipt should be issued with the SIA ID of the person releasing the vehicle If the above has not been adhered to then your friend has grounds for making a formal complaint to the police. If they try to fob her off with something along lines that "parking is a civil matter" she should mention the Security Industry Act and say that she believes an unlicensed person was operating. A landlord who employs unlicensed immobilizers also commits an offense under the act and can be prosecuted. With regard to getting the money back. Did she pay cash? If she paid by credit card there is an option to get the money back from the Credit Card company. If your friend did not see the sign then she would have the basis of a claim in the small claims tribuneral. If there are signs up at the entrance of the car park her chances of success maybe lessened depending on how clear they are. The basis of the claim would be that the clampers are claiming a contract was formed by the fact that she parked there and saw the sign. What I would advise you friend to do is to return to the car park with a digital camera. Take photos of the sign. Take photos of where she parked and photos of any signs in relation to clamping that she may see. She should also photograph her entry and exit points both by car and on foot. Basically she is gathering evidence if it becomes necessary to take the clamping company to court. When she has done this - she should write to the clamping company at the address specified on the receipt stating that she does not believe that a contract was entered into because she never saw the signs and that the money was obtained under duress from her. She should then ask for a full refund of her £95 plus interest. Give them 14 days to respond and if they refuse to pay up, write back give them another 7 days or else court. If they still haven't paid up then take it to the small claims court. Please post progress on here. There are plenty of people who will be happy to offer help and support.

I quite agree. Look at what happen to that git Jeffery Archer when he lied in a civil case. He got sent down. Couldn't have happened to a nicer bloke. lol:)

Who owns the land and is it part of the public highway? If its private land and not part of the highway then the lines on it don't mean diddly. If the council own the car park I suspect you are up the proverbial creek. It might be worth waiting for the ticket to arrive and see what they try and slap you with. It can also be worth seeing if your number plate is clear on any photo that they send you. There have been cases where the image is unclear and the case has to be dismissed. You might also want to try posting this on PePiPoo: Helping the motorist to get justice and see what they advise.

Krimewave Have you notified the DVLA of the change of address. If you have and the council are sending to your old address then I suspect you have grounds for getting the any extra charges removed. Even if you haven't you could still claim to have not been served with the documents and there is some recourse. Some of the other forum members can no doubt advise on this. Can you be more specific about the type of tickets you've had. The council will more than likely have issued Penalty Charge Notices. You've mentioned NCP. If you received a "ticket" from them it may or may not be enforcable. If you received a ticket from NCP acting on behalf of a council they will have issued you with a Penalty Charge Notice under the 1991 Road Traffic Act. In either case you should have a trawl throught this thread http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/5232-your-parking-ticket-may.html as a starting to see if you have any validity to challenge the PCN. If NCP have issued with a private parking ticket and then gone to court to claiming breach of contract to obtain a judgement against you then I believe you have grounds to appeal. As I understand it you have a right to a defense and if they have not served you with proper documents then you should be able to get any judgement set aside until a case is heard. Council issued PCNs should be available under the Data Protection Act. They may have a procedure for obtaining copies on their website. If they don't write to them making a subject access request and request all the data. The maximum fee they can charge for this is £10. Finally can you scan whatever tickets you do have as the good folks on this forum will be only to happy to help you pick them apart. You should obscure your name and address but leave everything else as is.

That was jolly generous of them seeing as they didn't have a leg to stand on. Another victory over these bullies. Nice One.

As this is a civil contract they have disqualified themselves by making it a "penalty charge" - there is established case law about "penalty charges" in contracts. This is the same case law that is used to recover bank charges. The contract is with the driver of the vehicle who has to see the signs giving the restrictions etc. This is not enforcible at law and there is plenty of case law to back it up. They cannot try to enforce a contract with the registered keeper if the registered keeper has no knowledge of it. They have to prove that a contract exists between you. They can't even cite what contravention of the implied contract you've transgressed. So why are they even writing to you. I would tell them that having contacted you as the registered keeper that you dispute that any contract exists between you. Tell them they need to take the matter up with the driver of the vehicle. You don't need to say anything beyond that. You are under no legal obligation to provide them with the name of the driver even if it was you. This is a civil matter and they must prove their case against you. They can obtain your details as the registered keeper from the DVLA by paying a charge. See the template letters at the top of the forum for examples of the wording. You might want to consider reporting them to your local Trading Standards at the very least and maybe the police as they have no powers to issue a Penalty Charge Notice. This power is granted to the Police and Councils under the various acts of parliament. If this is a private car park and private car parking firm issuing this notice then they are acting in a dubious and I would suggest illegal manner. I think Trading Standards might be interested.

So Pardner he's a consultant/student and he ain't a Cowboy neither, unlike some of the PPC's dealt with in these forums. Get rid of the censorship and bring back the guide. Sort it out mods.

This sucks big time. I'm a relatively new poster to the forums. I read PJs guide and did not see it as a tout for business. I found it extremely helpful and a really good starting point. What I saw is someone including an e-mail address offering FREE help. To me this represents the true spirit of these forums. Lots of small voices offering help and advice for free against the bullying and intimadatory tactics of the likes of the banks and PPCs. PJ post has been up for 10 months so why the need for action now? After 10 months this sounds a little heavy handed and a bit late in the day. C'mon mods this forum needs that guide back. If PJ is prepared to make his e-mail address available (and risk all the spam) then I say make an exception. You will seem more human and less like the bullies that this forum was set up to fight. Finally, I'm not surprised about Interesting's and Green and Means comments. These apparently pro-PPC forum members must be laughing over the action taken. What I am surprised about that there has been no post from Perky on the subject. lol

Hi emopaz, Welcome to the forums. Don't worry you're not alone. First up have a read of the stickies at the top of the forums. There are loads of good advice contained therein and some templates for you to write a letter which should put an end to this matter. UKPC are a private firm and have no legal basis for trying to get money out of you. Like most of these firms they try to scare the money out of you with talk of bailiffs and court action and so on. If they insist on taking you to court, and most of them don't, then you will have a chance to have enter a defense against them. Your credit record can only by blackened if they win a case against you and you then fail to pay the amount the court sets in judgement. If they do refer the case to a debt collection agency, which is another intimidation tactic you merely need to write to the debt collection agency saying the debt is in dispute and agency must, by law, refer back to the client. These firms can get hold of your details as the registered keeper of the vehicle from the DVLA. They have to pay for this service (going rate is about 30 peices of silver (£2.50) per transaction). They will have contacted you as the registered keeper of the vehicle. Bear in mind that this is is a civil matter as the so called infringement happened in a private car park and is therefore not subject to the road traffic act. If it was subject to the Road Traffic Act you would see the words Penalty Charge Notice across the top. As it was you have words 'Civil Traffic Enforcement Notice' on your notice which makes it another name for an invoice. What I would do is write back asking them to contact the driver regarding the matter. Use the first letter in the stickies template letters which you can find here. Remember the onus is on them to prove the case against you. There are plenty of people prepared to offer you help and support so stand firm. Pin1onU

Zamzara - if there are no signs on display that prohibit parking and list clamping as consequence then they are in breach of the Security Industry Act and it is a criminal matter. If the police try and tell you its a civil matter tell them that you believe it to be a breach of the Security Industry Act and that this is therefore a criminal matter. If they still refuse to take action at this point I would then take down details of the officer and ask to speak to higher ranking officer with a view to making a formal complaint. That should convince them that you are serious. Please note that the reason why I asked for either a picture of or for the text of the signs to be posted was to clarify if a breach of the act had occurred. This would give a clear point on which to launch proceedings for any recovery of funds.

Lewis, It would be useful if you could post a copy of the letter you received with your personal details obscured. It would also be helpful if you could post a photo of the signs the company put up. If there is nothing in the rules posted to state that parking must be exclusively in marked bays or to specifically to state that you can't park where you were parked then you may have grounds for taking them to court to try and recover the fees. This is the reason for asking you for a copy of the details in the letter you received and on the parking signs. Essentially you will be saying that you dispute their interpretation of a contract for parking. With regard to the actual act of clamping there are some pretty strict rules that clampers have to follow and if they don't they commit a criminal offence under the Security Industry Act. Vehicle Immobilisation (Clamping) on private land by a private company is legal providing the clamper meets certain conditions 1. The signs must be in plain sight and readable 2. The signs must state that if you park there you will /risk/agree to be clamped 3. The signs must be in the locations at all times and not removed 4. The sign must give the name of the company and a land line number to call during office hours 5. The sign must have the release fee amount stated and also if the vehicle is likely to be removed and any fees for that 6. After the clamp is fitted a notice must be fixed to drivers door window (most clampers will take a photo to prove that this was done) 7. Clampers should display their registration badge while performing their activities 8. Clampers should offer a receipt All private clampers in England must be regestered with the Security Industry Agency. If they are not current advice is collect as much details as you can (such as registration numbers of the vans they use) and report them to the Police as this is a criminal offence. You should also report the firm to SIA (www.the-sia.org). Clamping without a license is illegal and is punishable by a fine of up to £5000 and/or 6 months in jail. There are also penalties for landlords, housing associations who allow unlicensed operators to act on their behalf. The legisalation covering this is the Security Industry Act 2005. If the clampers failed to meet any of these conditions then they acted unlawfully and you should report them to the police and the Security Industry Authority (www.the-sia.org.uk) Hope this helps. Pin1OnU

I've done a little bit of on-line detective work on these guys. They are not listed under webcheck at Companies house under either Combined Parking or Combined Parking Solutions. I checked current, recently dissolved, dissolved, previous and proposed names. I also checked the domain registrants details held by nominet. combinedparkingsolutions.co.uk Registrant: Combined Parkin Registrant type: UK Limited Company, (Company number: 3821971) Registrant's address: Combined Parking Solutions, PO BOX 4487, Wolverhampton West Midlands WV1 9BP GB Registrar: Pipex Communications UK Ltd t/a 123-Reg.co.uk [Tag = 123-REG] URL: Domain name registration from 123-reg Relevant dates: Registered on: 02-Oct-2005 Renewal date: 02-Oct-2009 Last updated: 19-Aug-2007 Registration status: Registered until renewal date. Name servers: ns.123-reg.co.uk ns2.123-reg.co.uk WHOIS lookup made at 11:37:37 22-Nov-2007 Another check made at Companies house based on the company number gives Name & Registered Office: OI MEDIA LIMITED HIGHLAND HOUSE LECKHAMPTON HILL CHELTENHAM GLOUCESTERSHIRE GL53 9QH Company No. 03821971 This is listed as a computer company. They may or may not be related to CPS. They may have set the website up for them and this may be the extent of their relationship. Hope this helps.

One thing to bear in mind is that the actual time to strike off can be quite long as Companies House has to allow time for objections to the proposals . These objections usually come in from creditors, most often, those stalwart guardians of our private data, HM Revenue and Customs. They usually object as they want to try and claim any corporation tax and VAT that may be owing. Of course if the directors haven't filed accounts and paid the Revenue but have charged VAT they could be done for fraud among other things and also be barred from serving as Company Directors. Given that this Company has been in existence since 2006 and have filed no accounts I would say they look extremely dodgy. What I would say to anyone who has sent a payment for the £80 and then received a demand for more money. Keep the Cheque stub and any statements and any proof of posting,delivery. I sincerely doubt this firm will take you to court but if they do then I think you will find that if you can prove that took reasonable steps to make payment - show the judge your cheque book stub and your statement - the judge will give a decision in your favour. If the Company choose not to cash the cheque that is their lookout not yours. For future reference if you are paying anything like this by cheque it is worth your while sending it by recorded delivery or registered post. This gives you a paper trail that will stand up in court should the need arrive. (I've used this successfully against HMR&C over a tax return submission and payment). It might be worth contacting your local Trading Standards Office and also the Office of Fair Trading - I think they would very interested to hear about the tactics this outfit are using. I would also read the stickies at the top of this forum regarding dealing the charges and consider if you have actually entered into a contract. In your case Trevor you have a valid permit and have clearly not breached your contract i.e. your permit has not expired and you have confirmed this verbally with your landlord. I would write to your landlord and ask him to confirm in writing that this is the case. If this firm does take you to court, and I'm willing to bet they won't, a letter from your landlord will scupper their case against you completely. If anything you have a case against the company for harassment and you should probably send them a cease and desist letter. With a bit of luck Trustguard will be dissolved by Companies House in a few months and all this will go away.

Hi, The landlords that own the business park where my company has its offices recently (about a week ago) put signs advising of that vehicles would be clamped if they parked on the access roads. The signs appear to comply with the conditions stipulated under the SIA act for clamping on private land and invite you to form a contract etc. They have started clamping people. Fortunately I have not been clamped but one of my colleagues was. I was talking with one of our buildings security guards who seemed to think that the signs had to be up for a minimum period before they could start clamping. He said that the signs had to be up for 30 days. My colleague would welcome the opportunity to a refund if this is the case. Does anyone know if this is the case? Thanks

Just registered. I've been looking through the forums for some time and thought I'd better get round to registering. Found some answers to a few things that have been bugging me already. Great stuff.