dipperdonut
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Anna1s1 started following dipperdonut
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If you are the RK ignore them. If it is leased write to the leasing company and tell them that any parking charges will be disputed as unenforceable and should not be paid.
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Or call the police and tell them you are being threatened over money you do not owe.
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If you will insist on eating at mcdonalds you deserve all you get
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There seems to be a lot of people still being scared by these parasites. to clarify the situation: 1 parking on private property is not subject to Road Traffic Act legislation and any disputes concerning parking on private car parks are subject to civil law. 2 Terms such a PCN and fines are reserved under RTA but private parking companies love to use them to frighten people. 3 Any alleged contract can only be between the landowner and his agent(the private parking company) and the driver of the vehicle committing the ALLEGED infringement. 4 If the PPC believes a breach of contract has occurred they apply to DVLA for the details of the Registered keeper and they then write to him/her claiming ridiculous amounts of money for what they term penalty or even fines. 5 If the registered keeper feels it is necessary to reply to these "invoices" then they should simply state "any alleged contract is with the driver to whom any further corresondence should be addressed. Contrary to what the PPC will say,the RK is not responsible for parking and is under no legal obligation to disclose who was the driver However, under no circumstances should you say "I was not driving " unless that is true 6 If the PPC does decide to issue proceeding in the County Court they will have to prove who was driving the vehicle. 7 Until they do there can be no judgement against the driver and consequently no County Court Judgement,award of damages or anything else. Until a CCJ is awarded AND NOT PAID there can be no adverse credit report. 8 The only cases to date which have been won by a PPC- and there are very few - were on the basis that the case was not defended adequately 9 Blue badge bays and others similarly marked are purely advisory and have no legal significance in a private car park. 10 PPC's cannot prosecute you they can only claim in the County Court. I hope this helps those of you who are tempted to pay. The advice is DON'T . Just get back on here or Pepipoo for all the help you need.
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CEL - Now they have set the debt collectors on us!
dipperdonut replied to gpar3's topic in Private Land Parking Enforcement
They cannot send debt collectors/bailiffs until a court finds in favour of the parking company and that can't happen until there is a court case at which the PPC has to prove who was the driver.. The PPC will write to the registereed keeper WHO DOES NOT HAVE TO DISCLOSE WHO WAS DRIVING -
I wonder who was driving it
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Spot on !!!!
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1 before any bailiffs are employed there has to be a county court judgement in favour of the PPC ie a CCJ 2 before a CCJ is awarded the PPC has to prove to the court that there was a contract 3 any contract can only be with the person who parked the car ie the driver.The photographic evidence will simply show a car and a car cannot enter into a contract 4 the PPC will find the details of the registered owner from DVLA and write to them. however the registered owner is not necesarily the driver and is under no legal obligation to disclose who the driver is as it is not subject to the road traffic act. 5 reply to the PPC saying "Any ALLEGED contract is with the driver - contact him/her and do not write to me again.Any further communication will be regarded as harrassment which is a criminal offence." .
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