Thanks Baz for your reply which is valued. But could someone out there plese tell me whether or not i am still liable for the whole years amount? I had a liability order againist me but as you know it is for the whole year. Can i contact council and get the amount amended as i only owe half the bill? Any ideas? Thanks.

I received a liability order in september but have just moved out. Can i now go back to the council and have the amount amended? Any help thanks.

Bump

I have today received a hand delivered letter through the door. The amount owed is £470. It states unless pay in full, we make take committal preceedings or commence bankruptcy preceedings. I made a payment of £26 a month and made my 1st payment with the offer, received a reply rejecting my offer. 2 questions though, as I understand it I can only be committed for point blankly refusing to pay, and also how can they make me bankrupt when it's under £750. Any answers anyone. Thanks.

This is this earlier link I found. I posted it on Pepipoo before I went to work this morning. Sorry forgot to update this site. Fury At Parking Fines Extortion (from Lancashire Telegraph) Sorry again to you boys/girls debating this for not posting.

A private parking company has won a case in the county courts regarding parking charges. Bayliffs Called In After Car Park Court Victory (from Burnley and Pendle Citizen)

It is, they changed them on October 9th 2006. That's by an FOI request and I have seen the one's they now use. But unfortunately they started DPE on Sept 6th 2004. 'Restitution' rings a bell!

Ring and ask them for a copy of the photo.

Hello Tony. Was wondering if you could complete the story of what happened in this Poole case, as I read somewhere (can't remember where) that Fred was victorious and got £80. Could you fill us in as he never completed the story? http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/43654-my-claim-restitution.html And wouldn't go into detail on pepipoo. Any comments welcome about this reply from Poole? - FightBack Forums

It got sent back to Cr*p 1, it's now with Capquest. Useless muppets!

Got offered 50% of claim £770. Which was refused. Told them we will accept 85% which is £1309. Cheque has arrived, so have accepted it. Thanks to all on this website. Natwest & Leeds done. Birmingham Midshires, Citi Financial. You're Next. Thanks again.

Which Council was it by the way?

Hello Shunn 1st point. Is it your car, i mean registered to you, as the copy you have scanned says: 'To the driver' And if and if not. I wouldn't worry. Because they will pay £2.50 to DVLA to get the keeper details, and try to get the fine off them. But it says 'To the driver', and you are under no obligation to inform them who was driving. So politely tell them to 'fcuk off' with their p*ss ant point threats.

He won. I read somewhere the total was £80, but I don't know how it came to that, but I read his thread on Pepipoo. Been meaning to start my claim before now, but the letter is going tomorrow. http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/89773-restitution.html

Bump.

I'm just about to send this to my local council, but thought a few comments on whether it looks ok or not. I refer to the above Penalty Charge Notice (PCN) issued by ******* Borough Council on the 13th September 2005. The PCN issued at that time stated the date of contravention, but did not state a date of issue. The PCN Notice purported to be valid and issued under the Road Traffic Act 1991. However it was not a notice as it failed to conform to the requirements of the regulations, (IE: section 66, parts (a – e) in that they did not specify a date of issue (or alternatively a date of notice). Since it is / was invalid, it is a nullity, i.e. is legally null and void, and as such cannot trigger subsequent enforceable action; hence the demand for payment was invalid. At the relevant time I was unaware of this, and thus induced by the official nature of the documents to make payment to Drakes Bailiffs on 25th April 2006 for the sum of £354.60, for which I am now seeking reparation for the loss, i.e. restitution. With the benefit of a definitive ruling by Mr. Justice Jackson of 2nd August 2006 in Barnet v Parking Adjudicator(2006) EWHC 2357(Admin) on the statutory requirements of such PCNs, and consequences of their failure to comply with statute, being that no financial liability arises, the payment was a 'mistake of fact'. For support and particular focus on the relevant parts of the ruling I would simply draw attention to the following paragraphs. 35. The date of the notice will usually be the same as the date of contravention but this is not always the case. 36. It seems to me that section 66 requires two dates to be stated on a PCN. These are the date of the contravention and the date of the notice. 41. If the statutory conditions are not met, then the financial liability does not arise. 42. Accordingly, the requirements of section 66 were not satisfied and no financial liability was triggered either by the PCN or by any subsequent stage in the process such as the notice to owner. I really hope that this matter can be resolved amicably and without the need for redress to the courts. Plus as I believe I have been unlawfully deprived of the money and should I pursue this matter to court I would like to remind you that interest at the statutory rate of 8%, pursuant to section 69 of the County Court Act 1984 would be applied and I have calculated as of 13th May 2007 this amounts to £29.82. This amount is what I will ask the court to award. As you will be undoubtedly be aware this amount will continue to accrue at the statutory daily rate of 0.021%, until judgment or earlier payment. I therefore ask you reply the full amount of £354.60 as full and final settlement. Failure to refund all the money unlawfully taken from me will result in me taking further action. I will give you 14 days to reply accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment. If you do not respond, or you do not respond positively, within this time period I will commence my claim in the courts without any further warning. For the avoidance of doubt, this action will inevitably involve you in paying additional costs, i.e. more interest, legal fees etc. I believe that this timescale is more than sufficient, thus take this letter as 14 days written notice of my intention to issue a court claim should you not comply with my request. I look forward to hearing from you in this matter and your remittance forthwith. Any Good?

It was after LBA. It's only a small claim compared to others. Maybe that's why? And thanks.

Thanks Hedgey. There's just 1 little problem with that. We had a new arrival last week (scale busting 5lb 8) and i think the wife has all ready got ideas for this windfall. There's goes my new PC. LOL.

Got my 1st reply from Mr Higley this morning, and I quote 'We are prepared to offer the amount of £709 (100%) paid direct to your account. Get In There! Thanks to all on this forum. As soon as it's in the donation will be on it's way! And can a mod change to Won. I know its dwafted by other claims, but it's my money. And as Tesco says. Every Little Helps. Thank You CAG.

You just change the details. That's all

Next time just drive off without saying anything. If it's not served on the vehicle or given to the driver. It's unenforceable.

In an effort to resolve this unfortunate matter we will accept 1 of the following 2 options. The Society provides us with a breakdown of the costs in administrative services in order to ensure us that the fees we paid were in fact lawful and fair. Including copies of the accounts of: (A). Home Visit Charges. As the Society will no doubt feel that it has sufficient concern to require an arrears counsellor to visit the mortgage address, and will no doubt claim these charges cover both the additional administration generated within their collections team and the costs that directly arise from a home visit. (B). Solicitors Costs. As again the Society will no doubt feel that it has sufficient concerns about the conduct of the account to initiate legal proceedings and that these charges combine actual legal fees and central administration costs. 2. The Society refunds the amount of £1540 as full & final settlement. Any Better.

Have drafted this: We thank you for your letter dated 26th April 2007, and also thank you for pointing out the basis of the decision of which we are aware. In your letter you claim that the amount charged to us was not a fixed sum, but a genuine pre-estimate of the loss incurred by yourselves. We have again enclosed a schedule of charges detailing dates, amounts and interest. We now ask if you could demonstrate how you come to the conclusion that your charges reflect a genuine pre-estimate of your losses incurred, by you providing us with a breakdown of the costs in your administrative services in order to ensure us that the fees we paid were in fact lawful and fair. We would at this point like to state that this is the 3rd (and final) time that we will request this. Thus with that in mind we require you to provide a breakdown of the cost involved in the following: Unpaid Direct Debit Arrears Letter Arrears Visit Solicitors instructed Broken arrangement Unpaid cheque Release of title deeds Repayment type change Solicitors costs Deeds release/sealing Redemption admin fee As we believe the charges applied are an unfair penalty, we require this breakdown to assure us that the Society has acted at all times in accordance with the terms and conditions of its contract with us, and the charges applied to our account are fair and proportionate to the cost of the additional management and administration that the Society was forced to undertake as a result of our failure to fulfil our contractual obligations. As I’m sure the society is aware the Unfair Terms in Consumer Contracts Regulations, state “A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation”. Whilst we accept that a mortgage account requires more manual intervention that a standard bank current account we believe they still represent a disproportionate penalty. In an effort to resolve this unfortunate matter we will accept 1 of the following 2 options. The Society provides us with a breakdown of the costs in administrative services in order to ensure us that the fees we paid were in fact lawful and fair. 2. The Society refunds the amount of £1540 as full & final settlement. In the event that you do not comply with the either of the above we will be left with no option but to pursue the said amount through the court process. Should we pursue this matter to court we would like to remind you that interest at the statutory rate of 8%, pursuant to section 69 of the County Court Act 1984 would be applied and we have calculated as of 8th April 2007 this amounts to £786.37. This amount is what we would ask the court to award. As you will be undoubtedly be aware this amount will continue to accrue at the statutory daily rate of 0.021%, until judgment or earlier payment. On a final note if this matter can not be resolved amicably and does require a court hearing, then we reserve the right to show this and our 2 previous correspondences to the district judge, to prove that we were willing to reach settlement without the need for redress to the courts. Any ideas?

Zoot I have sent you a PM. Thanks.