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Mythbusting a private parking ticket - Fork-it and the bailiffs


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I have aquired a parking ticket, a private one.

 

tick.jpg

 

The above ticket is not legal because does not have a name of local authority or a constabulary name that issued it. It does not conform with the prescribed regulations in the 2004 Traffic Management Act, or the 1991 Road Traffic Act.

 

This ticket is therefore unenforceable because it is issued by private company and the TEC will not accept it for enforcement under the Act. Only a council or a government agency can opt-in to the 2004 TMA.

 

So I will ignore it.

 

 

So What could happen next? The worst case scenario.

 

1. a rude letter in the post, followed by a few more rude letters. Case closes without further ado.

 

2. They file a claim in the small claims track. I defend it on the grounds the contract between the claimant and defendant is void because the money being claimed is a penalty. case dismissed and I apply for attendance costs and as many hours research and discovery of information I think I can get away with at the hourly rate of £210 per hour.

 

3. The claimant might be devious, and make a typo in the address and jump straight to judgement without me knowing. I can challenge it (£75 fee) under Section 7 of the Interpetation act 1978 and apply for set aside and apply for costs as detailed above.

 

4 A bailiff or debt collector turns up unannounced outside my house, a) the bailiff pretends to have a valid certificate committing an offence under section 87(7) of the 1991 RTA, b) Bailiff pretends to have a court order committing an offence under section 40 of the Administration of Justice Act c) He asks for a fee and he has no county court judgement and says I am liable for it committing an offence under the 2006 Fraud Act.

 

To top it all off, its all going to be on video filmed in High-definition outside the front of my property and in the presence of the car.

 

Let the fun begin.

 

Note to Mods: Nothing on my part is illegal, I entered into what originated to be a valid lawful contract, but it was the other party's choice to put a demand for £100 on the car without my permission or consent.

Edited by fork-it

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case dismissed and I apply for attendance costs and as many hours research and discovery of information I think I can get away with at the hourly rate of £210 per hour.

 

.

Good luck with that. Even assuming you are awarded costs, litigant in person costs are likely to be £9.75 per hour
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Noticed at the top of the ticket it says " Unauthorised persons must not remove ".

Who is unauthorised and what would happen to you , being unauthorised , if you did remove ?

What a joke the ticket is!

hello all:-)

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It's standard try to look like a council/police type PCN as possible ppc toilet paper, and no doubt the Perkys will be trolling this thread with relish

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Subbing!

 

But my guess is it won't go past option number 1...

 

Cheers

Lefty

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Subbing!

 

But my guess is it won't go past option number 1...

 

Cheers

Lefty

 

That would be my bet also, they don't usually do court with clued up punters they like a sneaky default, so rather than risk blowing the whole thing wide open, a few threatograms, a couple of badly worded letters from the "solicitor" on the next desk along full of if's and maybes, and game over imho.

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As it stands,this is not currently a bailiff issue,so why the link at this stage ?

Will move to parking and traffic forums.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

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That would be my bet also, they don't usually do court with clued up punters they like a sneaky default, so rather than risk blowing the whole thing wide open, a few threatograms, a couple of badly worded letters from the "solicitor" on the next desk along full of if's and maybes, and game over imho.
#

 

 

Thats the thing. I could be any joe public as far as the parking company is concerened. If I get any threatograms the I'll post them here as and when they arrive, let hope they diont resort to blackmail. If they impersonate a solicitor then they have cooked their own goose.

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I appealed by email (as allowed on the back of the ticket) for completeness.

 

I appeal the parking ticket.

 

I parked and paid the sum of £1.50 (£1 coin and 50pence piece) for 3 hours parking at 10.06am.

 

I returned to the car at about 11.40am and found a ticket attached. I discovered the ticket inside the car had an expiry of 11.06 and a payment of just 50p.

 

The machine did not issue the correct ticket for the coins inserted.

 

I complained to the warden while he took a photograph of the ticket inside the window and he advised me to put 30p into the ticket machine and draw a new ticket. I felt it was more honest to appeal on the actual grounds.

 

 

Regards

 

 

 

and I have received this reply.

 

letter1.jpg

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This looks like a templated letter,prob one of a couple of different ones they respond with according to the area of challenge.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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As you have fessed up and identified yourself, the clowns may chance their arm and do court with you, as they will reckon from the "kangaroo autoreject appeal" that you are the driver If it was one of Perky's he would be drooling at the prospect of a clueless (in his own mind) punter falling over for a default judgment

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They could have identified me from a DVLA lookup on their subscriber account they have with the DVLA.

 

I would be surprised they would take me to court, its a hefty risk they are taking on. Someone suggested I write to my MP, and this letter come to mind OTOH.

 

Dear Sir MP

 

I write about an incident that involved me receiving a "parking charge notice" from a private Ltd company demanding I pay £100 because I over-stayed a pay & dispay ticket by 23 minutes - a published charge of 30p.

 

On making enquiries, I discovered this is not a statutory demand, and the company is entitled to reclaim its losses for the unpaid 30p. I contended this action is not compatible with Sch. 2(e) of Section 5(5) of the Unfair Terms in Consumer Contracts Regulations 1999. In the alternative, I understand the company is making a false representation as to its actual losses it seeks to reclaim fro me, and the representation could be an offence under Section 2 of the Faud Act 2006.

 

I ask what steps is the Government doing to protect less-informed members of the public from companies seeking to defraud them in this way.

 

Yours Faithfuilly.

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You'd need to up date this a bit. AIUI The UTCC 1999 have been superseded by the Consumer Protection From Unfair Trading Regulations 2008 (CPUT).

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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They could have identified me from a DVLA lookup on their subscriber account they have with the DVLA.

 

I would be surprised they would take me to court, its a hefty risk they are taking on. Someone suggested I write to my MP, and this letter come to mind OTOH.

Rather than, with respect, wasting your time complaining about the format of the ticket and if you are in a letter writing mood, you might be better employed drawing your MP's attention to the contents of the Protection of Freedoms Bill. Specifically, the implications of the proposed Schedule 4 with regard to the recovery of unpaid private parking charges. This would have the effect of overturning settled contract law in that it would make someone (the registered keeper) liable for the contract purported to have been entered into by the driver when parking thus undoing completely the concept of privity - only those party to a contract can be held to its terms.

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You'd need to up date this a bit. AIUI The UTCC 1999 have been superseded by the Consumer Protection From Unfair Trading Regulations 2008 (CPUT).

 

 

 

Where does it say the UTCCR's 1999 has been superceded? & what section in the CPUT would be the point you refer to in this case?

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