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A very late parking fine query.

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  • A very late parking fine query.

    Hi There

    Have just joined site, hoping for guidance.

    I am a 75 year old grandad, and last year (3/1/15) my grandson started going to a play centre in Birkdale, Southport.

    The first time he went, the driver parked their car in the car park at rear of play centre, entered centre, booked in, and stayed for an hour with my grandson. To their surprise, on leaving, they found a parking ticket on screen, so went back to centre to query it, and was told, they should have entered the car reg into desk computer. They was not aware this needed doing until assistance told them, and on inspection, there were notices in car park, but lady told them to ignore it, as a paying customer, and there was proof of the visit, as you have to book in child's name.

    She said that it happened a lot, and to make sure they entered reg each time they went afterwards.

    The driver thought that was that and kept going, until some months ago, when they went and found, the playgroup business had gone bust, and was naturally closed.

    Lo and behold, in today's post, the keeper received a parking fine of £140, offence date being 03/01/2015, and when they rang tel number on letter, it was a number that is used to pay fines, nobody to speak to, and it said a further £40 was to be added.

    Letter was sent from CIVIL ENFORCEMENT LTD and name of sender is Mr Michael Schwartz

    I can scan and send letter if needed.
    Last edited by Kati; 19th April 2016, 08:22:AM.
    Tags: None

  • #2
    Re: A very late parking fine query.

    [MENTION=5354]mystery1[/MENTION] will advise (I've tagged him) ... it would help if you could upload a redacted pic of the letter tho' (or email me and I'll do it ) xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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    • #3
      Re: A very late parking fine query.

      Need to see the letter and any other stuff you have.

      M1

      Comment


      • #4
        Re: A very late parking fine query.

        Kati & Mystery1
        Thanks for replies, my normal scanning prog is not working, so for now, I have taken a few pics of the most important part of letter.

        I will reinstall my scanner, so if more of the letter is needed, I will attach when done, in meantime, see attachments
        +

        Comment


        • #5
          Re: A very late parking fine query.

          Do you have the schedule ?

          M1

          Comment


          • #6
            Re: A very late parking fine query.

            Schedule ??

            Comment


            • #7
              Re: A very late parking fine query.

              Something like http://legalbeagles.info/forums/atta...6&d=1456952689

              M1

              Comment


              • #8
                Re: A very late parking fine query.

                see if this helps
                Last edited by frenchman96; 19th April 2016, 07:33:AM.

                Comment


                • #9
                  Re: A very late parking fine query.

                  Your attachments have not been approved yet. Is the letter from court, with a court stamp on it, or a letter stating Parking charge notice/ Notice to Keeper (or similar).

                  If NTK check what is in the letter with the requirements of POFA 2012, in particular paragraph 8. Is everything that should be there actually there in the letter?

                  Also edit you posts so that there is no inference of the driver of the car.

                  Comment


                  • #10
                    Re: A very late parking fine query.

                    Ostelle
                    One of the letter headings says " LETTER BEFORE ACTION" and has been sent by CIVIL ENFORCEMENT LTD.

                    Comment


                    • #11
                      Re: A very late parking fine query.

                      That's a bit more, important, detail! Edit your first post to remove any hint of who was driving. Do it before CEL wake up look at the forums and find it. This probably includes a proforma details of case and another sheet with your particular, very brief, details. CEL work to scare people into paying by threatening court.

                      Without a valid notice to keeper being sent they can only go after the driver, who they do not know. Write to them and demand copies of all the alleged paperwork that has been previously sent to you.

                      Comment


                      • #12
                        Re: A very late parking fine query.

                        I would suggest a response something like :-

                        Dear Sirs,

                        Thank you for your letter of xxxxxx the contents of which are noted.

                        I note that the car park, as per the schedule, is a paid car park which is very different to that in the Beavis case on which you place great reliance. The charges are penalties and fall foul of the penalty doctrine, as per Beavis and the consumer rights act 2015.

                        I further note that your draft particulars of claim fail to comply with the civil procedure rules. The particulars of claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached. Indeed the particulars of claim are not clear and concise as is required by CPR 16.4 1(a).

                        In order to comply with the pre action protocols please supply a copy of the signs, a copy of the landowner contract and other evidence on which you seek to rely. Failure to do so will be raised in court.

                        Yours sincerely

                        M1

                        Comment


                        • #13
                          Re: A very late parking fine query.

                          M1/Ostelle

                          Firstly, how can I now remove any of my details that I have posted, like you suggest.
                          second, have you managed to read enough of my parking fine letter to advise, as I stated, I could not scan letter properly due to scanner problems.

                          Comment


                          • #14
                            Re: A very late parking fine query.

                            Hopefully, I have JUST REMOVED DETAILS AS SUGGESTED?

                            Comment


                            • #15
                              Re: A very late parking fine query.

                              I unapproved ll the attachments when i saw them as they had your name etc on them, this is why [MENTION=39331]ostell[/MENTION] couldn't see them.

                              Use the edit button for your posts.

                              M1

                              Comment

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