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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
mbee123
Just received a failure to pay notice from ECP for overstaying in the White City Retail Car Park in Manchester.
The alleged offense took place on March 29th so I cannot be exact on the length of time the car was parked there but I would estimate about 3 hours.
I did not notice any signs displaying maximum length of stay and there was no notice on the windscreen when I got back although the letter suggests there was.
I would like a few more details before I pay but before I contact them I would like a bit of advice as I do not want to say something I might regret.
I guess my options are:-
1. Pay up the £70
2. Ring them and try and agree a lower fee as the £70 has come from the excess charge department which would suggest that a deadline has been missed. ECP website suggests fees of £30 and £50 are standard.
3. Ring them and get more details but not admit to anything
4. Ignore it although they say the matter will be referred to a debt collection agency if not paid within 14 days

Appreciate any advice.....
Wayne Pendle
Does it actually portray offence? can you can and post a copy of the ticket?
Dakota
QUOTE (mbee123 @ Fri, 2 Jun 2006 - 10:04) *
Just received a failure to pay notice from ECP for overstaying in the White City Retail Car Park in Manchester.
The alleged offense took place on March 29th so I cannot be exact on the length of time the car was parked there but I would estimate about 3 hours.
I did not notice any signs displaying maximum length of stay and there was no notice on the windscreen when I got back although the letter suggests there was.
I would like a few more details before I pay but before I contact them I would like a bit of advice as I do not want to say something I might regret.
I guess my options are:-
1. Pay up the £70
2. Ring them and try and agree a lower fee as the £70 has come from the excess charge department which would suggest that a deadline has been missed. ECP website suggests fees of £30 and £50 are standard.
3. Ring them and get more details but not admit to anything
4. Ignore it although they say the matter will be referred to a debt collection agency if not paid within 14 days

Appreciate any advice.....

QUOTE (mbee123 @ Fri, 2 Jun 2006 - 10:04) *
4. Ignore it although they say the matter will be referred to a debt collection agency if not paid within 14 days

Appreciate any advice.....


If they refer it to a DCA without going to court I don't see how they can enforce the debt except by bluff and bluster. Does anyone know whether a private company can go straight to bailiffs like the local authorities?

Has anyone "gone the distance" with Euro Car Parks?
Wayne Pendle
Does it actually have offence on the ticket?
mbee123
Like I say, I have never seen a ticket, the letter states the offence as being 'overstay' and is addressed to the RK who is my wife. I will try and scan it in.
mbee123
Scan of the letter below, the ECP graphics haven't come through but the wording is all there...


UNPAID PARKING CHARGE NOTICE



PARKING SERVICES. PO BOX 32255 . LONDON. W5 5WW

31st May 2006

Mrs xxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Dear xxxxxxxxxx,

We understand that you were the registered keeper or hirer of the vehicle at the time the following Penalty Charge Notice was issued:

--~~ -~,,~~~-~ ~~
rl..~., ~.1.;;7.)V.;)OU
Date of issue: 29-03-06 Offence: OVERSTAY Colour/Make: XXXXXX

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Car Park: MANCHESTER WHITE CITY R P Outstanding Amount: £ 70.00

You have failed to pay the notice{s} within the time specified at the above car park.
As per displayed terms and conditions, the above outstanding amount is payable immediately.

If payment is not received within 14 days of the date of this letter, this matter will be referred to a debt collection agency.
Please send cheque, postal order or credit/debit card instruction using the form below. Alternatively, you may contact us on 0870 011 2550. Your ~CN must be quoted on all correspondence.

Yours sincerely,
Excess Charge Department

To: Parking Services, PO Box 32255, London, W5 5WW

Z1930366

XXXXXX

T ~n,.,' ~~~ """h~1 ~~~J-a' -c-r-'-
rn.::l'T~b' - t-~Eu"-ort~rPa~l_- T ---'&_- ,.
- -"-""'-~= ":t--i-P""=" ... '-'-"--to: r--.l= ~ -'J -- -V_-- =k," =.,~t:"'~ ~

Please charge my credit/debit card with £

Mastercard / Visa / Delta / Switch (delete as appropriate)

Card N11rnber,

T~~IIP Nn,

Name on Card: Security No:

Start Date & Ex ir Date: Si ated:



Euro Car Parks limited (Company Reg. No. 1270612) A member of the ECP (Holdings) Pic Group Reaistered Office: Rvecroft. 25 Manor Park Road. Glossoo. Derbvshire. SK12 9SQ Comoanv Reaistration No. 1924387
Dakota
I don't see how thet can collect a disputed debt without going to court.
zamzara
Is it possible to go back and check for signage? There must be signage visible from where you were parked for them to have any case. If there is, can you post the exact wording, as it may be important.

There is also a possible line of defence by telling them that they will have to pursue the driver not the registered keeper, and you don't know who the driver was.

Also the fact that they have written this:

QUOTE
Offence: OVERSTAY


will help you, as they are not allowed to pursure "offences", only a parking charge payable under contract law. If they are saying overstaying in their car park is an offence, the contract is automatically void for illegality.
mbee123
Thanks for the replies so far, it is not V conveniant for me to go back and check for signs as I am based 120 miles away, I have replied asking for proof of trespass, driver etc, and am awaiting a reply, will keep you posted....
mikemcd
If they refer it to a DCA without going to court I don't see how they can enforce the debt except by bluff and bluster. Does anyone know whether a private company can go straight to bailiffs like the local authorities?

Has anyone "gone the distance" with Euro Car Parks?

yes i did

they cannot even use a bailiff they can only use a debt collector and then before they approach a debt collector they must have been to court and have a judgement by the beakthat you owe them money

any bull*** like them even telling you they are a bailiff when they are not appointed by a court can lead to criminal charges like obtaining money by deception i know this because thay tried it on with me

let me clarify debt collection and bailiffs

debt collector powerless moron who thinks they know something about law and is empowered(never the case)

bailiff these types are the ones that once instructed by a magistrate can kick in your house door if you dont cooperate and are used in criminal matters poll tax collection INLAND REVENUE AND THE LIKE

debt collectors are used by companies chasing debt and are used in civil proceedings like yours
this is a civil matter euro carparks are a private company and dont know law from their ars* and still pretty powerless companies like this will often use legal looking threats etc to get you to pay up but unless they obtain a county court judgment against you tell them where to go and keep note of anything they send purporting to be a court threat which isnt or legal threatening documents

now you know this im pretty sure they will realise they have been scuppered again and back down

zamzara is correct an offence is a criminal act they are making a mockery of the grey area decriminalized parking

an offence is a criminal act, criminal acts may be levied by the court therefore criminal court not county court

a private company purporting to obtain money for an " offence"cannot apply a levy to a non criminal act this in itself is illegal
tell them to prove you owe them money and show the judge what they are trying to do

i spent 15 minutes with a very angry judge in leeds and he wasnt angry at me
g_attrill
QUOTE (mikemcd @ Tue, 27 Jun 2006 - 14:37) *
i spent 15 minutes with a very angry judge in leeds and he wasnt angry at me


Is this related to your Excel parking thread or a different issue? Can you elaborate on what their claim was for, and how they intended to prove that you as the RK was the driver?

Gareth
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