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cormachall

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  1. That's what I was planning to do. Thanks for your response.
  2. Hi, On 18th October my car was in Clackett Lane (M25 services) for over two hours as the driver had returned from the US overnight and feeling very tired and not wanting to cause an accident he fell asleep and overstayed. I just received the email shown below from Debt Recovery Plus Ltd in response to my email (I wrote to CP Plus Ltd stating I would be happy to see them in court and explain before the magistrate/judge what happened. Equally I will be happy to see you in court so please don't bother sending any further correspondence unless it relates to a court date as I will not be responding.) Just wanted to check my position is OK - thanks Thank you for your email Mr Hall. Due to the content of this correspondence, I would like to clarify our position regarding this Parking Charge Notice (PCN). The site in question is subject to terms and conditions which are stated on signs throughout the area. Parking restrictions are put in place for a variety of reasons; including traffic control, congestion avoidance, etc and, as such, must be strictly enforced. As these terms were breached on 18th October 2012 (by overstaying the permitted time limit), a PCN was correctly and legitimately issued. Please find enclosed photographic evidence taken at the time of the contravention. Within the correspondence, court action has been referred to. As such, I feel obligated to inform you that, under the Pre-Action Protocol of the Civil Procedural Rules, court action must only be viewed as a last resort. I am attempting to abide by this direction by trying to settle the matter amicably without court involvement. However, if the matter does go to court it will be pointed out that, in line with The Protection off Freedoms Act 2012, you were granted a certain time within which to appeal; including to an Independent Appeals Service. I understand that this is not the desired outcome. However, unless further evidence is provided, the decision on this matter is final. Furthermore, while any further correspondence contesting the decision will be noted and filed, I cannot assure you of a response unless fresh evidence is provided that would have a bearing on the decision. As a gesture of goodwill, I will place the account of £120.00 on hold for 14 days to allow time for payment to be made. However, if no payment is received within this period, the matter will be passed on to our solicitors for further action to be considered.
  3. OK thanks - I'll go to court and see what happens, assuming it gets that far.
  4. I have used the arguement when my daughter received a demand for overstaying at Lidl's car park some time ago. I never heard anything back so it worked. I've just been looking elsewhere on the site and reading guidance-unpaid-parking-charges and it would appear that I as keeper am liable. Of have I missed something?
  5. The driver of my car recently stopped at Clacket Lane services (M25) after flying in from the USA. He slept for over two hours as he felt he was likely to cause an accident if he carried on. I, as keeper, received a fine notice from CP Plus (I think - I've thrown the notice away) asking for £90. My initial reaction was to argue that road safety was at stake. Am I right in thinking that only the Police can ask who was driving? I am assuming I don't need to pay it just because I am the registered keeper. Thanks Cormac:|
  6. Many thanks A127. I thought it may be bluster and also that the letter was deliberately confusing. I'll ignore and post what happens next Happy Christmas Cormac
  7. Hi, I'm not sure whether I should start a new thread but as a ticket was issued by Meteor I think it makes sense to come in here. My car was ticketed recently as Ashford Station for parking in an unauthorised area (half on grass half on the tarmac as there were no spaces - not blocking anyone). I wrote to them informing them that i was aware my car had been ticketed but as I was not driving I would not be paying and not to bother me any more. I received a response today from Meteor Parking Ltd. (My italics) We have considerd your representations and the evidence provided carefully, however we regret to inform you that they do not establish any grounds or suitable reason to cancel the parking charge notice. The PCN has been issued for "Parking in an unauthorised area". It is clearly stated within the terms and conditions of the car park that it is strickly prohibited for a vehicle to park in an unauthorised area without displaying a valid permit for parking (a ticket was purchased and was on display). If you fail to adhere to these terms and conditions a parking charge notice will be fixed to your vehicle or handed to you. I have investigated your appeal and considered your points raised and am satisfied that the parking charge notice was issued correctly and will be upheld on this occasion. I appreciate your comments with regard to your not being the driver of the vehicle on the day in question and that you are under no obligation to disclose who was driving. However I am obliged to point out that if the above Notice is left without some appropriate action it will escalate to debt recovery status and as the registered owner, you will then be contacted by Southeastern Railways's debt recovery agents for full settlement. Therefore within 30 days of the date of this letter being served, you must either make payment for this notice or appeal against our decision within 7 days. The payment required within 30 days is £90 however, if you pay within 15 days Meteor will accept £45. If you fail to make payment or present a further appeal, Meteor Parking Limited will commence collection procedures for the recovery of the sum claimed in this notice along with all costs associated with its recovery. How to make payment etc etc Is this bluster or will I be hounded by SE Railwyas and is that different to Meteor chasing me (I am the registered owner). Having been hounded by bailiffs a few years ago for another parking fine (I ended up winning in the court as I proved the bailiffs lied) I am not keen on going through that process again but equally do not want to pay of I do not have to. Any suggestions? Many thanks Bryan
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