Is this real |
Is this real |
Mon, 29 Nov 2021 - 20:35
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#1
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Member Group: Members Posts: 114 Joined: 1 May 2013 Member No.: 61,540 |
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Mon, 29 Nov 2021 - 20:35
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Mon, 29 Nov 2021 - 20:47
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#2
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Member Group: Members Posts: 4,363 Joined: 9 Apr 2021 Member No.: 112,205 |
Yes, It's a real Letter of Claim and court action is very likely to follow.
Do you have the PCN this charge relates to? -------------------- Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | British Parking Association (BPA) Code of Practice | International Parking Community (IPC) Code of Practice |
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Mon, 29 Nov 2021 - 21:09
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#3
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Yes, of course it's "real". Presumably this follows on from. A parking charge?
You are required to respond within the deadline Debt denied because.... (obviously, we've got no idea why, youve not told us anything) and you're seeking debt advice so place on hold form30 days. I also require the following documents both under the PAP for debt claims (look it up, section 4.2 from memory) AND the overriding objective of the civil procedure rules the following documents - - - Here you ask for AT LEAST their clients contract to operate on the site, images of the signs their client contends creates the contractual basis for their claim, copy of the original pcn etc If you don't have any docs, then a sar to the parking company is a must. Google it if yiu dint know what a sar is |
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Mon, 29 Nov 2021 - 21:44
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#4
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Member Group: Members Posts: 7,235 Joined: 5 Jan 2007 From: England Member No.: 9,919 |
so do you know what it relates to? if so lets have all the info and post up any letters youve recieved with personal details and reg number deleted.
if not, then as above... Subject Access Request to parking Co ASAP !! This post has been edited by mickR: Mon, 29 Nov 2021 - 21:46 |
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Tue, 30 Nov 2021 - 06:25
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#5
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Member Group: Members Posts: 114 Joined: 1 May 2013 Member No.: 61,540 |
Thank you all, this was my company van and I have no idea who was driving at the time, I stopped trading nearly a year ago and the company is being resolved.
I think I will just pay this and be done with it, I have very little fight left in me these days. Thanks again |
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Tue, 30 Nov 2021 - 08:45
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#6
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Dissolved.
If it was a limited company then any alleged debt died when the company dissolved. If there's no assets now then there is nothing that they can claim from the company now. |
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Tue, 30 Nov 2021 - 09:34
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#7
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Who was the van registered to? The company?
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Tue, 30 Nov 2021 - 09:58
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#8
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Member Group: Members Posts: 114 Joined: 1 May 2013 Member No.: 61,540 |
The van was registered to the company which at this moment is being desolved by my accountant but not finalised.
This post has been edited by dillon200: Tue, 30 Nov 2021 - 10:00 |
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Tue, 30 Nov 2021 - 10:05
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#9
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
So is it a limited company?
-------------------- 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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Tue, 30 Nov 2021 - 10:08
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#10
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Member Group: Members Posts: 364 Joined: 30 Apr 2013 Member No.: 61,506 |
So who is the letter addressed to?
If it is the company then: Option 1: REPLY: "I write as the Company Secretary of the company. The company was the registered keeper of vehicle VRM. The company has no assets and is in the process of being struck off. I do not know who the driver was at the time of the alleged incident who could've been one of a number of former employees. You have no chance of success against a soon to be dissolved company." Option 2: IGNORE If they raise a claim against a company (it is the company RIGHT?) then even if they 'win' a judgment in default, they can't collect because the company will be gone. In all honesty, if what you say is true, and they've raised a claim against a company the best option is to ignore it. Paying it is really, really stupid. |
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Tue, 30 Nov 2021 - 12:50
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#11
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Member Group: Members Posts: 114 Joined: 1 May 2013 Member No.: 61,540 |
Thank you, I can assure you everything I said is true, it is a Ltd company I havent traded or drawn wages for nearly a year, the bank accounts are empty and will be closed in the next 3 days. I was only a one man band using sub contract labour which is why I dont know who the driver was. Covid stopped me working and I have now taken a paye job.
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Tue, 30 Nov 2021 - 13:04
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#12
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
Ok, oomfollow as above.
Have they written to the company, ie the actual company is named and not an individual? |
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Tue, 30 Nov 2021 - 14:21
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#13
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Member Group: Members Posts: 114 Joined: 1 May 2013 Member No.: 61,540 |
Yes to confirm it is a Ltd company, they have written to the company, the vehicle belonged to the company at the time but now sold along with all other assets, there quite literally is nothing left.
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Tue, 30 Nov 2021 - 14:45
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#14
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Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
I would not ignore, send that letter telling them that the company is in the process of being dissolved, but wait till just before the end of the 30 days. Don't put in the line about no chance.
The reason for not ignoring is that they may well plough ahead to a claim and perhaps win by default. This means that they could send bailiffs round to the address of the company, which would be hassle for all. |
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Tue, 30 Nov 2021 - 14:49
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#15
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
As above, but I would ideally wait until after it is dissolved, as I think if they file a claim against the company that halts the process
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Wed, 1 Dec 2021 - 18:10
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#16
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Member Group: Members Posts: 114 Joined: 1 May 2013 Member No.: 61,540 |
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Wed, 1 Dec 2021 - 20:11
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#17
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Member Group: Members Posts: 364 Joined: 30 Apr 2013 Member No.: 61,506 |
As above, but I would ideally wait until after it is dissolved, as I think if they file a claim against the company that halts the process I'm not 100% sure, but I don't think so. Speaking as a Chartered Accountant, twenty years in the game, there is nothing as incompetent and un-joined up as Companies House with the rest of government. The court service will NOT tell Companies House about the CCJ (if one is obtained) and Companies House won't stop strike off because of it. Now, obtaining a CCJ would allow them to object to the dissolution, but even then, if you sit tight and do nothing Companies House WILL strike off eventually (but it'll be a year or two). If the company has no assets, it can't just magically obtain them by selecting some random stranger (called a Director or Shareholder) to pay instead. That's the whole point of limited liability. Send the letter, or sit tight. I certainly wouldn't be paying. |
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Thu, 2 Dec 2021 - 06:12
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#18
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Member Group: Members Posts: 114 Joined: 1 May 2013 Member No.: 61,540 |
OK in conclusion.
First thanks again to everyone for the advice. 2, Im sure the fine is correct, someone using my van overstayed their welcome 3 Because it was not a pay and display but a number plate recognition device, that person probably did not know anything about it, so I see no point in having a which hunt to find them. 4 all in all I should have kept record of who was driving what and when (easier said than done). 5 I should have picked up on this earlier but have not. 6 I dont like owing money, I have a very debt free life, when I stopped trading I made sure all debts were paid, suppliers, sub contractors and employees. I did think my business was a done deal. 7 So today I have paid the debt from my own pocket for peace of mind and a stress free life that I seek. So good bye and Merry Christmas until next time. |
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Thu, 2 Dec 2021 - 08:16
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#19
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
2, Im sure the fine is correct, someone using my van overstayed their welcome For clarity, it's an invoice, like any other invoice and in this case for the cost of parking. What it is not is a fine and ONLY a court can fine you (even the Police and other authorities can only issue penalties not fines). -------------------- 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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