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increased pressure to pay private land...etc, private company in milton keynes being backed by legal firm
Red Eric 7
post Tue, 23 Oct 2018 - 23:19
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Evening All,

Looking for some genuine advice here - i know that this is perhaps stating the obvious, etc...Equally, i am NOT trying to suggest I'd get anything other than that on here!

My pals have been quick enough to say "ignore private firms and private land" - however, I've done this and they persist with phone calls and texts and the odd letter from a legal firm in Leeds (make of that what you will). Latest letter is "final warning", Court, etc". I don't want this as the prospect of a CCJ will impact what I want to do in next three months.

I can provide further details about the case if needed, but an initial view would be good.

Many thanks in anticipation.

Red Eric 7
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post Tue, 23 Oct 2018 - 23:19
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The Rookie
post Wed, 24 Oct 2018 - 05:12
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How do you think you'll get a CCJ? In case your confused, to get a CCJ recorded on your file they need to start a court claim, you either fail to defend it (default win) or defend unsuccessfully, you would then need to ignore the court order (to pay within 28 days) ONLY THEN do you get a CCJ recorded against you.

Inform them you will only accept communications via the post and to cease phone calls/texts and then block the number. The harassment is designed to weaken your resolve, so help yourself but stopping some of that harassment!

The 'final warning' must be a letter before claim in accordance with the civil procedure rules, usually that won't use the words Final warning (most letter chains for private parking tickets include 3 'final' warnings - they use a definition of final you won't find in the dictionary). Who is that letter actually from, which Private Parking Company is it and who does the letter say to pay?


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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Red Eric 7
post Wed, 24 Oct 2018 - 06:55
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Thanks for the reply. Very helpful.

Letters and phone calls from BW Legal.

Napier Parking are the firm.
“account Balance” to BW Legal according to the letter.

the letter states that the drivernever raised an appeal, when They did. The driver had an email
Back acknowledging that to whereby they dismissed the appeal.

Details are that The driver pulled in to a new car park at Willen Lake, Milton keynes on a Friday lunchtime to take a phone call. The car park was empty, the driver never parked in a bay correctly, They never exited the vehicle to enjoy the facilities the car park supports, The driver was there 20mins and left the car park after phone call.

Any additional thoughts welcome...

This post has been edited by Red Eric 7: Wed, 24 Oct 2018 - 09:58
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Jlc
post Wed, 24 Oct 2018 - 07:30
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You don’t have to leave your vehicle for the contract to have deemed to have been accepted. (Acceptance by conduct)

You had the opportunity to study the signs. 20 minutes is not an insignificant amount of time.

That said you could argue that any contract was not accepted and you left.


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RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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The Rookie
post Wed, 24 Oct 2018 - 07:53
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EDIT your post now, NEVER give away driver ID, they are writing to you as 'the keeper' refer to whatever the driver did as by 'the driver'.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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ostell
post Wed, 24 Oct 2018 - 09:16
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So post up that original PCN, suitably redacted, but leave the dates
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