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Parking charges after appeal

wdebbie6

I'm having issues with regards to a parking charge that I have had my appeal refused. Can anyone advise?

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thespiceman

Hello @wdebbie6 Pleased to meet you welcome.

Sorry about what has happened . Been there and all I did was take a picture with my camera on my phone saying not clear specifically between disabled bay and loading bay. Got an annulment did not have to pay.

Parked in what thought were disabled bays. New to the area and the signage even asked locals OK to park there. Ended up getting a ticket.

Argued and won.

Please can I ask is this something similar to mine .

wdebbie6

I was parked in a disabled bay with my daughter's car. I know my blue badge was on display. The charge came through to my daughter. I wrote and told them I was the driver not her. They then sent another letter to my daughter. I rang them and they said if I sent a copy of my blue badge then that would be the end of the matter. I then had a letter in my nsme saying my appeal was too late.Now I've been referred to a debt collection agency who are threatening court action..

exdvr

Hi @wdebbie6, as you have obviously had contact with these charlatans why not get back to them saying you would welcome the opportunity to put your point of view to a court. The mere suggestion that you're prepared to take things further will doubtless be enough to make them back down. Don't worry about so-called "threats", that's just normal scare tactics that don't mean a thing.

DLTBGYD......Don't let the ******** get you down.

wdebbie6

Hi exdvr
Thank you for your reply. I have already written and told them all that and have now been sent on to a debt collection company.

Pippa_Alumni

Goodness! I'm so sorry to hear that you're having to go through all this, @wdebbie6.

I wonder if @Geoark has any knowledge in this area/can offer any suggestions here?

Markmywords

wdebbie6 said:

I was parked in a disabled bay with my daughter's car. I know my blue badge was on display. The charge came through to my daughter. I wrote and told them I was the driver not her. They then sent another letter to my daughter. I rang them and they said if I sent a copy of my blue badge then that would be the end of the matter. I then had a letter in my nsme saying my appeal was too late.Now I've been referred to a debt collection agency who are threatening court action..

Hi,

There are some points that need clarifying;

1. Who is it that issued this charge? A local authority relating to the highway or a private company relating to private land?

2. Did they provide proof? A local authority sends a photo with a penalty notice.

3. How long did it take you to appeal the claim that was in your name?

See this information

A proper official penalty from a local authority must go to the registered keeper.

wdebbie6

1 private company
2 sent pic but not clear. I can see a blurred image that looks like it's my badge.
3 I wrote as soon as the letter came. The next letter from them was still in my daughter's name. I then phoned them and they said they hadn't received the letter. Told to send copy of blue badge and then got a letter in MY name saying my appeal was too late.

wdebbie6

1. A private compsny.
2. They sent a very unclear photo with a blurred patch that looked like my blue badge.
Once I received a letter from when I sent a copy of my blue badge it said that my appeal was rejected as it was submitted too late.

wdebbie6

Ty for the link.

thespiceman

Hello @wdebbie6 Just like to say if the evidence is all about showing proof. Then I would argue for this.

You have I think here been given a lot of good information from others.

My concern is if it a private company you were parked in a designated disabled bay. Where there any signs saying this. Private company operate here and must be some rules and restrictions. On the car park.

My other concern is this is happening to you is it happening to others.

May I add who wish to park their vehicle and not realise what this company is doing.

wdebbie6

I have argued it and that's why i've been sent to a debt collector. It is happening far too often now.

Markmywords

This is a civil law matter. If you can't be sure it's your badge then their evidence is useless.

On the highway, a badge holder needs to be there but not necessarily the driver or keeper.

You should take photos of the car park signage wording especially if it is tucked away somewhere where it won't be read.

"Too late for appeal" is complete nonsense. This is simply the company's policy and carries no weight whatsoever.

So the car is in a disabled bay with the poor evidence showing a disabled badge. What is their claim about?

Their position will be some sort of "breach of contract" angle. I don't know what that might be.

It sounds to me that they are trying it on and I would be inclined to tell them to withdraw their instructions to the collectors or I would start the court proceedings.

I am not suggesting what you should do above but what they have will not stand up in court. Perhaps a solicitor near to you has the free 20 minute consultation?

wdebbie6

Quick update....i had a letter today from a different debt collection agency.

Geoark

Hi @wdebbie6 sorry as I don't drive so don't really have any knowledge of this.

A couple of issues I can help with.

It is not unusual for companies to sell off debt to debt collection agencies and for these to then sell on the debt to other agencies if they are not able to collect. So I am not surprised you have received a letter from a different agency.

They will all mention the potential of taking you to court as many people will panic when they see this. However a debt can carry on like this for years without anyone taking action. A quick search suggests there is a 6 year limit for parking notices. But you don't really want this going on that long. While taking you to court could potentially increase your costs, it is by no means certain that the judge will find in their favour.

On a more practical note @Markmywords is correct you will need to get advice from a lawyer, CAB or legal centre as soon as possible.

Geoark

@wdebbie6 sorry, meant to ask what sort of location was this?

IE retail park or local business, on road parking, on an housing estate?

wdebbie6

Both debt agencies are the same one using different names. I'm currently waiting for a reply from the land owners of Centretainment in Sheffield.

thespiceman

Hello @wdebbie6 Sorry about all this really trying it on. These companies . Wonder if any body else has been caught. Understand everything why is this happening.

Forgive me but you need some one to speak to legal or how about local councillor must be some thing illegal here.

Hope CAB or other lines can be sought and made an enquiry .

Just a gentleman concerned for a lady and finding it hard to understand here. May I add very scary and frightening for you.

Hope and pray may I add that you find a solution.

exdvr

@wdebbie6.....a lot of these parking companies are trying it on by saying that they're passing your details to some probably fictional debt collection service. [Probably some other person sitting at the next desk in the same office]. It is of course up to THEM to prove that such a debt exists, and they are more likely simply to give up hassling you. It's just tactics to wear you down. Better to throw their letters in the bin and forget about it.

DLTBGYD......Don't let the ******** get you down.

wdebbie6

Hi all I just wanted to update you. I had yet another debt collection letter today....I sent an email to the people who manage Centretainment in Sheffield (where the parking charge was issued) and received a reply just now.

I WON x

wdebbie6

This is the email

Dear Debbie,

I am very sorry for the stress this has caused you over the last 6 months.

I have reviewed the details and have sent a request to UKCPS to cancel the ticket.

I will get back to you as soon as I hear back from UKCPS regarding the status of the ticket, I imagine this will be early next week, but I will chase them if I do not hear back by then.

Again, please accept our apologies for the upset this has caused.

Kind regards,

Karla

Savills, Belvedere, 12 Booth Street, Manchester M2 4AW

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