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johidd

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  1. Thanks for the helpful link. It seems that it's now not a good idea to ignore all the letters as they have the right to go after the registered keeper if he fails to identify the driver.
  2. I last had dealings with Parking Charge Notices three or four years ago when I received a demand for money as the registered owne of the vehicle although I had nothing to do with the infringement. At that time there was no legal obligation to inform the parking company as to who the driver was and they had no legal basis to make me pay up. Can some one advise me as to how the law now stands as exactly the same is about to happen. I lent my car to somebody who received a parking charge notice from a Sainsbury's car park for over staying even though it's a free car park. They have now disappeared back to Malaysia and if I don't pay their fine I expect a letter through the door addressed to the registered owner. Can I apply the same tactics or has the law changed to make me legally responsible?
  3. Thanks for your comments, A127. However I believe that I do understand the [problem] completely and in my previous threads from way back, I explained that I was unemployed (which unfortunately is still true today) and had all the time in the world to play cat and mouse with them. I did reply to Roxburghe's initial letter, which I know full well goes against forum advice but even so I felt cheated that I never received my second letter from graham Smith (or Sobell). I was caught a little off guard when they rang me this afternoon as I like to be prepared and have all the facts at my fingertips. As a result (and you will throw up your hands in horror!!) I rang them back to express my disgust at the breech of OFT Debt collection guidance July 2003 (updated December 2006): Section 2.4 Paragraph (f) and their bullying tactics in contravention of The Protection From Harassment Act 1997 and should they dare to contact me again etc etc etc. I don't purport to be a martyr but they have limited resources, and if I can keep them busy chasing me, then there is a possibility that someone else will slip through their net.
  4. My vehicle received a parking ticket back in February this year and I was not the driver, which fortunately I have concrete proof. Having read this forum and others I knew I would be getting the two letters from Roxburghe and two letters from Graham Smith Solicitors. I received the two from Roxburghe but was slightly dissappointed to only get one letter from Graham Smith Solicitors. I thought that it might be as result of me ending my last letter thus:- "Please be aware I shall deem any further correspondence to be harassment. I will report not only you and your company, but also your client APCOA Parking Services (UK) Ltd to Trading Standards Institute, The Office of Fair Trading, CSA, BPA, CCUA and if necessary the Police, should you contact me again." Which I actually did (but not the Police bit) following Graham Smith's first letter. Imagine my surprise (and secret delight) when today, 8 months after the incident, I receive a phone call from Roxburghe asking for their money! Fortunately I kept my calm, repeated that I was not the driver and said I had no obligation to tell them who the driver was etc etc etc ....you all know the score. I actually ended up begging them to take me to court, but they would have to confer with their client. Is this Roxburghe in the death throws in attempting to extort money or new tactics that they are trying out??? Anyone had similar experience?
  5. Correct., however theft of car stolen on 2nd policy is now increasing the cost of my first policy by approximately 30%
  6. I am the registered owner of two cars and have separate policies for each vehicle. When I first bought the second car (mainly for my son to use, but also as a back up vehicle for me), I had full No Claims Bonus on my first vehicle and was told by every Insurance company that I enquired with, that I would have to start from scratch again with this second policy as they were completely separate entities and basically had no effect on each other. That was four years ago and I since have built up 4 years NCB. That is until the start of the year when the second car was stolen, recovered two weeks later and then written off by the insurance company and a mutually agreed settlement made. I stuck with the same insurance company but I was told that on renewal of the policy I would lose two years NCB. Well, I've swallowed that one, but what really annoys me is that the claim on the second vehicle is now affecting quotes that I am receiving on the first vehicle. Why am I not surprised that this is a one way street for the insurance industry!! I know that while getting quotes for my first car I could keep silent about the claim's history of my second vehicle, but I know this would rebound on me one day. Any suggestions as how to get round this? Unfair trading practices? Is there an insurance ombudsman?
  7. Mr Jotto, I am now working on letters (re:- Harassment) to send to the various governing bodies and wondered whether you had a record of the date when you actually received your first letter from Roxburghe and the date on that first letter from Roxburghe? I received my first letter on 26-04-09 and the letter was dated 16-04-09. NB NINE days to travel!!! You will note in the letter they are asking for payment within 'SEVEN DAYS FROM THE DATE OF THIS LETTER OTHERWISE....' I feel they are deliberately delaying the posting of these letters in order to intimidate.
  8. Hello Mr Jotto, I am exactly at the same stage as you. I have received my two letters from Roxburghe and today my first letter from Graham White. I shall be ignoring this letter as I believe I can expect a second shortly. However, I would appreciate the forum's views on the idea of carrying out my warning that I included in my last letter to Roxburghe, which was - 'Please be aware I shall deem any further correspondence to be harassment. I will report not only you and your company, but also your client APCOA Parking Services (UK) Ltd to Trading Standards Institute, The Office of Fair Trading, CSA, BPA, CCUA and if necessary the Police, should you contact me again' (I do actually suffer from hypertension and angina and would site that this pressure is having a detrimental effect on my health) OK people, I know that I should have ignored the original letters but as I have said before I unfortunately have too much time on my hands, I love to waste the PPC's time and I feel that bullies should be stood up to. Also If they are taking time to write to me, they may be ignoring another case.
  9. A Brief History:- A car, of which I am the registered keeper, received a parking ticket from APCOA Parking Services (UK) Ltd. I believe this to be a private company. I was not the driver at the time of the incident. As advised on the forum I put the ticket in a drawer. The first communication that I received was a letter from a debt collecting agency for the ‘Unpaid Civil Penalty Notice’. Although advised to stuff the letter in a drawer, I couldn’t resist to have some fun and give them the standard reply that I am not responsible for the driver’s actions and that I am not liable to inform them of the driver’s name. (I’m afraid I’m unemployed and unfortunately have plenty of time to spend wasting their time!!) The debt agency have now written back now calling this ‘An Unpaid Parking Contravention Charge Notice’ (any Comments welcome?) and are threatening me with court action quoting law of precedent on two counts. Quote:- 1. Watteau v Fenwick (1893) This establishes the existence of a principal/agency relationship. Where the Principal (in this case here the registered keeper) is responsible for the actions of its agent (in this case the driver). In the event of non-disclosure the Principal will be liable for the charges. 2. Combined Parking Solutions v S J Thomas (2008) The defendant denied or never accepted he was the driver but the court found that on balance of probabilities he was and found in favour of the plaintiff. As regards count No.2, I have no problems as I can prove that I was 250 miles away, celebrating the birth of a grand niece. However they must be pretty desperate to drudge up case law from 109 years ago. (google it and check out how relevant it is!) What I would like to do is write back to them quoting a legal precedent where the registered keeper has not been found responsible. Any Suggestions? And many thanks to all the people who have helped me this far.
  10. In very basic terms, can someone tell me the legal differences between a Penalty Charge Notice and a Civil Penalty Notice? As far as I understand a PCN is issued by either a council or Police and one would be legally obliged to inform them as to who the driver of the vehicle was. Whilst a CPN is issued by a private parking company, who have no legal right to force you to disclose the name of the driver. And I gather they sometimes will call these Parking Charge Notices in order to confuse and fool us into thinking they are 'official' PCNs. Are there any other major legal differences? Or have I got this wrong!!
  11. This dates back a couple of months, when my car ( I was not the driver and can prove it) received a parking ticket from APCOA parking services, whilst parked overnight in a train station car park. (NB - no byelaws on reverse of ticket and no byelaws on notices in car park). as advised by another forum, I willingly stuffed the ticket in a drawer. I have just received a letter from debt collectors (acting on behalf of APCOA) claiming this is an unpaid Civil Penalty Notice. Am I right in thinking that this does not hold the same legal weight as a PCN They also claim that - quote "Even if you were not the driving the vehicle but were the registered keeper you also have a liability for the acts of the driver in parking in breach of the terms and conditions of parking" Is that correct even if it's a CPN or are they just bluffing. I am intending to write back to say that I am not liable for the drivers actions and nor am I obliged to inform them of the identity of the driver as the CPN is an invoice and not a fine. Dear Experts - please advise!
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