Private Road, double yellows, Parking charge

[cornwallboy]

Hi All, first post

 

Over the summer I parked on a 'private road' in cornwall, which is deliberately made to look like a normal road.

there are double yellows painted on the road.

 

however at the entrance to the road there is a sign explaining the BPA rules etc etc

- that's how I know its not council operated.

 

at the end of this road is a pay and display carpark operated by the same company.

 

I parked on the double yellows, and received a ticket.

I have ignored all correspondence with them.

I am now receiving threats that a debt collecting agency will come round.

YES I know this is bully tactics.

 

what can I do now?

I feel I need to reply- perhaps requesting they stop harassing me, or explaining that I will NOT be paying the £200 'fine' because I feel it is an unfair amount.

 

however- this is the bit i'm not sure about- do I treat the road like any car park?

I certainly didn't enter into any contract to 'pay' for the space. not sure i'm getting my point across!

 

do the double yellows MEAN anything? how should I proceed?

[raydetinu]

ignore ay the mo.

[letsgetitsorted]

Duble yellow lines on a private road Dont mean anything, as they would need to be in a Traffic Regulation Order for that road. of which i doubt they are

[cornwallboy]

you're right, don't think they have been!

 

so i'm effectively parking on a random piece of land where the landowner has employed a parking agent to look after it?

 

i've seen a lot of advice where you can claim that the fine is unfair to the revenue lost. since where I was parking was not asking for a parking ticket, then by parking there they haven't lost revenue?

 

what would be the best defence?

[letsgetitsorted]

was the PCN issued by Local Authority or a Privat parking firm?

[raydetinu]

don't worry about it at all.

they have no case for you to defend.

[cornwallboy]

i'm not too worried about it, just they won't stop sending me letters. i saw somewhere there was a template to get them to stop harrassing me?

 

yes, not council, i'll be ringing them tomorrow, to ask if there are any TRO's in place, and who owns the land. i'll be copying them in to the harassment letters

[dx100uk]

you cant have tro's on private land !!

the lines are graffiti.

 

ignore then do not call!!

 

dx

[ericsbrother]

When did you receive the first letter from them and what did it say? The PoFA allows these companies to chase the RK under certain circumstances but for slapping a ticket on a car they must first try and identify the driver and this means that they have to give notice to the RK within a fixed time to tell them who the driver was which is 14 days I believe.

Debt collectors wont come round becasue they will have to waste money sending one and they are onto a loser at the moment so they spend a couple of quid on 3 letters telling you that the world will end if you dont pay up.

You havent said who the PPC is, that makes a difference to how to respond as some are hapless and others do court at the drop of a hat at the moment.

[cornwallboy]

Hi All, thanks for the help. the parking company are called Athe*ns Sec*urity Services (asterix in place because apparently google alerts can let them know when their name has been used?!)

the 'debt recovery agency' is De*bt Rec*overy Pl*us

 

I haven't told the company anything, not who was driving, nothing. It wasn't a carpark, just a private road. therefore the landowner hasn't lost any revenue. I can't see why or how they could get money off me. I just need reassurance I guess.

[raydetinu]

just ignore and thro everything in the bin.

not worth even thinking about.

They are just after people who might actually take any notice and pay them something.

[cornwallboy]

don't worry, i'm pretty clued up on all of it, but thanks anyway!

 

If/When I get a court summons (however unlikely) is there more help I'll be able to get?

[ericsbrother]

DR+ are the rentathreat for many parking companies. They have no teeth as they have no legal authority to do anything more than send out letters. If they threaten to send a debt collector round tell them that you will use Rex v Simpkin (1624) as your defence. The judgement of that case was that when a property is entered by a trespasser after midnight and before first light and there are women present the housholder is OBLIGED to run them through with a sword. As it was High Court decision it cannot be repealed, only superceded by another case where it is used.

[borisbeaver]

If they threaten to send a debt collector round tell them that you will use Rex v Simpkin (1624) as your defence. The judgement of that case was that when a property is entered by a trespasser after midnight and before first light and there are women present the housholder is OBLIGED to run them through with a sword. As it was High Court decision it cannot be repealed, only superceded by another case where it is used.

Nice. The thought of debt collectors piling up..like their letters!

[cornwallboy]

this is the most recent letter- should i be worried yet?

 

i'm unable to post a link because i haven't posted enough.

 

this is a dropbox file. so but dropbox.com before this...

 

s/vhlzzw49kwi0evw/letter%20b4%20legal%20action%20Quarrey%20CP%20NOV%202013.jpg

[cornwallboy]

for those who don't want to go through that process it says:

Letter before Legal Action

 

I am writing to your personally because I have been instructed by Athens Security Services Ltd T/A A S Parking to obtain immediate settlement of the outstanding balance of £149.99.

 

Despite previous requests for payment you have either failed to respond to our letters or to settle the debt. I now advise you that unless full payment is received within the next 14 days I am instructed to report back to Athens Security Services Ltd T/A A S Parking with a recommendation to commence court proceedings against you. Our client will also request that the court passes judgement for all legal expenses incurred.

 

 

still call their bluff? Prepare to go to court?

[havinastella]

it's toilet paper. Continue to ignore.

[dx100uk]

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..jut upload it ..job done

.

dx

[dx100uk]

**you can post up by this method immediately..you don't need 10 posts**

[cornwallboy]

thanks for the help!

 

[ATTACH=CONFIG]47990[/ATTACH]

[dx100uk]

pdf it please

 

however the words recommend/instructed

 

do not mean WILL

neither do they mean they WILL do anything

 

dx

[cornwallboy]

pdf!

[dx100uk]

usual rubbish.

 

dx

[esmerobbo]

Seen that same letter 100's of times usual DRP+ tosh!

[ericsbrother]

Ignore any correspondence from DR+, if you get further threats from the original company then come back and tell us exactly what you have received from them and how long after you allegedly parked and when you got your other letters. chances are it will do nowhere because they use DR+ as a last hurrah.