Parking Ticket - Newlyn Debt Collectors - Advice Needed!

[arh]

Hi all I am new to this forum so I'm not sure if this is the right place to post but here goes...

So in July 2013 I was in Birmingham City Centre and I parked my car in a private car park (so I believe), the company is called Vehicle Control Services LTD. I went to the ticket machine only to be interrupted by a homeless person bugging me for money which was distracting me whilst I was putting my money in and I didn't realise I had to enter my registration number so I just placed my £2 in the machine and pushed for my ticket which it gave me (and I still have until this day!) and I placed it in my window and went about my day and I was back to my car before the 2 hours ended. I thought nothing else of it and went about my day.

Few weeks later I had a letter from VCS saying I had to pay a £100 fine, I obviously appealed against this decision and I explained about the homeless person and that I actually still have the ticket on me so I don't see how they could still want to fine me for something which I have paid for.

Some weeks later I got a letter saying my appeal was not successful and I would still have to pay the £100, I told them I would not be paying the fine and that was that.

Today I got a letter from Newlyn Debt Collectors Ltd with a heading "NOTICE OF APPOINTMENT AS DEBT COLLECTORS" claiming that I now owe £166.00 and if I don't pay then further action may be taken etc.

I phoned Newlyn up and told them (not very nicely) that I will not be paying the debt, the man on the phone replied to me saying "If you don't pay you will get a CCJ for up to 6 years I believe", I then replied stating I won't get a CCJ until you have took me to court and that's if you win, his reply was "that's fine because you'll lose anyway". He then got some abuse from me and the phone call ended with him saying "I will note that you are prepared to go to court", I told him that's fine and hung up.

I am not sure if ringing the debt collectors was the right thing to do, but I had to take my anger out on someone. I still can't believe after nearly a year they are still trying to chase me for a fine which is unjustified.

Do I have a strong case? Especially when I still hold the parking ticket?

Any advice on what to do next or what not do would be great.


Kind Regards

Aaron

[ploddertom]

Re: Parking Ticket - Newlyn Debt Collectors - Advice Needed!

As far as I know they have lost all chance of doing anything under Protection of Freedom Act whereby the Registered Keeper may have been held liable.

The only way they can act now is against the driver and seeing as they don't know who that is they are just willy waving. There is nothing to say that as the RK you have to name the driver.

Unless you receive actual Court papers I would ignore them. Newlyn can come across as aggressive as they are also Bailiffs but in this instance they are purely debt collectors with no powers.

[bizzybob]

Re: Parking Ticket - Newlyn Debt Collectors - Advice Needed!

As you have the ticket, there is no consequential loss to sue for Might be worth posting on Pepipoo

[bluebottle]

Re: Parking Ticket - Newlyn Debt Collectors - Advice Needed!

If PPCs resort to Norwich Pharmacal Orders too much, the courts will get wise and kick the tactic into the long grass.

I would be inclined to put VCS to strict proof of any alleged non-payment of parking fees. If they fail to do so, send a photocopy of the parking machine ticket, showing the date, and ask them what other proof they have of non-payment. If they still persist, either directly or through Newlyns, then this may amount to harassment and that could prove very expensive for them.

Mystery 1 is probably the best person to advise you on dealing with this.

[arh]

Re: Parking Ticket - Newlyn Debt Collectors - Advice Needed!

As far as I know they have lost all chance of doing anything under Protection of Freedom Act whereby the Registered Keeper may have been held liable.

The only way they can act now is against the driver and seeing as they don't know who that is they are just willy waving. There is nothing to say that as the RK you have to name the driver.

Unless you receive actual Court papers I would ignore them. Newlyn can come across as aggressive as they are also Bailiffs but in this instance they are purely debt collectors with no powers.

Thanks for the info. What is the actual chance they would take me to court?

[arh]

Re: Parking Ticket - Newlyn Debt Collectors - Advice Needed!

As you have the ticket, there is no consequential loss to sue for Might be worth posting on Pepipoo

I signed up to Pepipoo and posted the same information, will see how it goes :tinysmile_twink_t2:

If PPCs resort to Norwich Pharmacal Orders too much, the courts will get wise and kick the tactic into the long grass.

I would be inclined to put VCS to strict proof of any alleged non-payment of parking fees. If they fail to do so, send a photocopy of the parking machine ticket, showing the date, and ask them what other proof they have of non-payment. If they still persist, either directly or through Newlyns, then this may amount to harassment and that could prove very expensive for them.

Mystery 1 is probably the best person to advise you on dealing with this.

Could you explain the PPCs and Norwich Pharmacal a bit more? Didn't really understand that bit, this is all new to me :tinysmile_aha_t:

I already showed them the parking ticket when I first got the fine in the post, yet they are still persisting I have to pay this fine.

[bluebottle]

Re: Parking Ticket - Newlyn Debt Collectors - Advice Needed!

Could you explain the PPCs and Norwich Pharmacal a bit more? Didn't really understand that bit, this is all new to me :tinysmile_aha_t: PPC = Private Parking Company, which is what VCS is. Norwich Pharmacol Orders are designed to obtain information from someone. However, in your case, it would appear they have no grounds for demanding any form of damages from you. You paid the parking fee, so they are not out of pocket. What are their grounds for claiming?

I already showed them the parking ticket when I first got the fine in the post, yet they are still persisting I have to pay this fine. Both VCS and Newlyns are skating on very thin ice, if anything at all, in the legal sense.

Responses in red text.

[arh]

Re: Parking Ticket - Newlyn Debt Collectors - Advice Needed!

Thanks for clearing that up mate.

I also read the back of my parking ticket and it does NOT state anywhere that if the reg was not entered then you could expect a fine.

I have just got a template letter from Parking Cow Boys which is a letter for the debt company stating the debt is denied and I wont be making a payment in the absence of a county court judgement and not to contact me again otherwise it will be considered harassment and will be reported to the appropriate authority. Is this the best thing to do? I will be posting the letter Monday 1st Class Recorded.

[bluebottle]

Re: Parking Ticket - Newlyn Debt Collectors - Advice Needed!

You deal with the organ grinder (VCS), not their monkey (Newlyns). It is VCS who are claiming you owe them money. In my view, their claim is vexatious and, almost certainly, totally without merit.

What are they claiming you did to violate their fatuous rules?

[arh]

Re: Parking Ticket - Newlyn Debt Collectors - Advice Needed!

You deal with the organ grinder (VCS), not their monkey (Newlyns). It is VCS who are claiming you owe them money. In my view, their claim is vexatious and, almost certainly, totally without merit.

What are they claiming you did to violate their fatuous rules?

All they have ever said to me is that I did not purchase or correctly show a ticket? And then when I appealed and told them about how I didn't enter my reg but still bought a ticket and showed it clearly in my windscreen they refused to listen and send me a long letter about how you are supposed to enter the reg.

End of the day I'm not paying them

[bizzybob]

Re: Parking Ticket - Newlyn Debt Collectors - Advice Needed!

Newlyn are powerless here, they are not bailiffs here, even though they may misrepresent themselves as such. If they do report them to the replacement for the OFT regarding their credit fitness.

[bluebottle]

Re: Parking Ticket - Newlyn Debt Collectors - Advice Needed!

VCS have about as much chance of winning a county court claim as there has of little green men being found living on Mars. In other words, pretty remote.

VCS has suffered no loss and, in my view, have no grounds for claiming any "parking charge". Newlyns are risking their debt collection licence by pursuing their current course of action. They are, as such, in breach of debt collection guidelines in that they are pursuing an alleged debt where there is doubt that a legally-enforceable debt exists.

It would do no harm to warn Newylns they risk being reported to the Financial Conduct Authority (FCA) for breaching debt collection guidelines. Neither would it do any harm, in my view, to warn VCS of the risks they are running by continuing along their current course of action.

One risk VCS is running is having any claim they care to pursue struck out.

With regard to harassment issues, VCS and Newlyns would need to have engaged in a course of conduct amounting to harassment on at least two occasions. Also, it would need to be shown that what they were doing was over and above what could be considered to be the actions of a reasonable person.

[BeagleyBailiff]

Re: Parking Ticket - Newlyn Debt Collectors - Advice Needed!

I would send the letter from Parking Cowboys and forget about it unless you hear anything else. I know the owner of Parking Cowboys and they're good!

[marianL]

Re: Parking Ticket - Newlyn Debt Collectors - Advice Needed!

Threats are very common when it comes to debt issue. It is not surprising to know that most debt collectors have a number of abusive debt collection practices. Some of these practices are illegal. However, the so called "body attachment" is a legal action that some debt collectors use to have debtors locked up within the bounds of the law.

[bizzybob]

Re: Parking Ticket - Newlyn Debt Collectors - Advice Needed!

Threats are very common when it comes to debt issue. It is not surprising to know that most debt collectors have a number of abusive debt collection practices. Some of these practices are illegal. However, the so called "body attachment" is a legal action that some debt collectors use to have debtors locked up within the bounds of the law.

Isn't that on a US procedure liknked with Bounty Hunters and US marshals? Not heard of that one for a non subtantiated debt with no CCJ etc in UK