Parking Scam/trying to extort money by threatening behavior

[james]

Guys

Recently I got a "Final Demand" for an £80 bill for allegedly parking across two spaces in a private car retail car park. This was the first I had heard about it. Basically the owner (me) has been told to pay up or face court etc etc etc. Very heavy handed, lots of red ink etc. Of course its a bit worrying and I have googled the company involved and theres pages of people telling the same kind of story.

The general consensus seems to be that the whole process is geared to intimidate and that the law doesn't even have any basis to demand money from the owner since it is the driver that has to be pursued.

I know there are some legal eagles on here and I have no intention of paying but has anyone got any professional advice? They have a picture of my car parked over two bays. But surely they cannot just pitch up and demand money just because they have a sign saying to park in the bays? Its on private land.

I'm thinking either ignore all the letters I'm bound to get or start a dialogue with them around the premise that Ill pay them when hell freezes over.

[robin]

They'll continue to send you letters which you can continue to throw in the bin.

The worry would be that when they get bored sending you letters they escalate the matter through the courts and then bailiffs.

Given that you think there is no legal case against the registered keeper and others have said that you have no obligation to divulge the driver's identity in these cases, I cannot see them taking that option. The risk is that they then dig out their CCTV footage of the incident and thus reveal the driver's identity.

I expect their business model is based on taking revenue from those that pay and giving up on those that don't, so I think you have nothing to gain from contacting them - at present they don't even know that you've received their letters or that you're even alive.

Cheers,
Robin

[tut]

As Robin says, DO NOT reply to them.

Many of us have had similar notices or what appear to be parking tickets from the Council, and as far as I know none of us have paid the fine, which I think they pitch at £70 as opposed to the normal £30, and mostly have not heard from them again.

They rely on bullying tactics, and people who pay the so called fine because they do not have the benefit of our type of Forum and advice from other members.

tut

ps remember that a bailiff can not force entry into you home unless they are acting on behalf of HM Customs or collecting an unpaid Court fine. If you have any idea that you could get a visit then do not open the door unless you know who it is. Even then they are not allowed to force their way in unless invited, or put a foot in the door, but many would, your word against theirs.

[Andy G]

Yup id leave it until you get a letter from a lawyer or court

(then call pete and ask for advice )

[robin]

I've a friend who is a sheriff's officer so does a fair bit of notice delivery and the like, so I'll ask him whether he's ever come across one of these private firms enforcing a parking "fine".

P.S. I fixed your spelling for you, Tut.

[tut]

Witch word was that?

tut

[james]

Thanks guys, would be good to get a feel for how real these threats are.

[ikarl]

check the forum PEPIPOO, I can't recommend the site enough for any motoring/parking issues.

the have very clear advice regard such notices..... in particular, how to rip them up before they go into the bin

[james]

For the benefit of others who perhaps might be in this position later...

I looked at the Pepipoo.com website and found this link that covers what to do:

http://forums.pepipoo.com/index.php?showtopic=46975

There's also a link to BBC Watchdog that shows Anne Robinson interviewing a solicitor who specialises in Traffic Law and his recommendations as to what to do with these so called "parking tickets." His advice was to throw them away as per the advice in the above replies (thanks guys )

http://www.youtube.com/watch?v=XAIcdi9niHA

I'll await the nasty letters and file them in the relevant place.

[Doc883]

I'm in a simialar position with APCOA regarding the same 'Offence' of parking outwith a marked bay in a FREE car park in Livingston. I have so far had 4 or 5 letters, latest being from some suspect legal firm on photocopied paper. Not one has been sent recorded or registered. I am ignoring them completely and refuse to engage in any correspondence and on the plus side we havn't had to buy any Andrex loo roll for a few weeks

[james]

Good work, I have a need for fire lighting paper.

Also check out:

http://www.facebook.com/pages/You-dont- ... 5644216626

and all the info on there.

[Graemei]

Similar situation as well, i've received a final demand letter before court action or something like that, not recorded delivery either... I'm thinking that could be their last roll of the dice.

They also phoned my house, I do not live there anymore though. Interesting how they manage to get all your details from the car registration.

I've been ignoring them as well, hopefully they will just give up after a while.

[GP1]

I've had a few experiences with these and just ignore their demands etc. Nothing has ever happened.

My (limited) understanding is that the most they could do is launch a civil claim against you. They would then have take you to the small claims court and prove their case. The chance of them winning is low and and the sum of money owed a pitence, so they would not bother.

I could be worng regarding the legal side of it, but as far as I can tell the whole thing is a pathetic joke and should just be ignored.

[robin]

Witch word was that?

tut

There their, Tut, we all make mistakes

Re: the parking charges, my pal says that he does not believe he has ever been involved in enforcing such a charge via the courts. Of course civil charges may not be enforced via Sheriff's officers, so maybe that doesn't help much.

Cheers,
Robin

[james]

Thanks Robin, I think that shows what really happens. Which is nothing