Rebecca

Having paid £285 and got my car back ... I thought the nightmare was over ... but oh no .... they're not done with me yet

I have now had a letter from some solicitors representing the private security firm Ace Security Services demanding £70 in unpaid car parking charges ... [img]images/smilies/mad.gif[/img]

They claim that "a car parking attendant observed my vehicle parked at an above location" (that it wasn't actually parked in) on a completely different date from my incident and "a Charge Notice was issued" (never issued to me) "and remains unpaid."

They never would have had my address if it wasn't for this towing incident because they took my driving licence details ...

what do I do now ... any suggestions ... do I go to court .. how can I prove that they didn't give me ticket ... didn't clamp car ... except why else would I have reported car stolen?

I can't tell you how mad about all of this now and things are so manic at work that I've not had time to follow this up properly ...

To make matters worse as they sent it to my home address .. and I've not been home for several weeks ... I'm now just out of the date I'm supposed to have paid up ....

HELP!!!!!!!!!!!!!!!!

Neil Smalley

One short answer Bex, Move house.

Longer one, would be to demand to look at the COPY of the ticket they supposedly gave you. Every parking ticket written has a carbon copy made. Ask to see the copy. If it does'nt exist then go to your solicitor to challenge the ticket.

I'm sure you were out of town that day and that there were at least 1000 muppets who saw you

I was serious about the house thing. It seems as though you are having a nightmare where you are at the moment. Unless you have very good reason to stay in central london, why not move out of town?

The rent will be cheaper
You'll be able to park your car without fear of it being stolen/clamped/keyed/park within 5 miles of your house.
Insurance will be cheaper
You can have your own phone line.

The cheaper rent will pay for the train fare in and if you get a season ticket you'll be able to nip into town whenever you like. It's a BIG pain to move house and find a new place to live, but at the moment it seems to me to be a bigger pain to live where you are

Hope this helps.


[Edited by Neil Smalley - 11/17/2001 8:50:30 AM]

KimA

Bex,

Can't believe this, what a nightmare for you

Do you know where you and the car were on the date/time in question? If you do, do you have any witnesses etc?

I really don't know, but someone on here must be able to give you some (legal?) advice. Can they just do this on the "word" of a car parking attendant if nothing was put on the car on the date in question - do they have something to back this up? (i.e. security camera footage). What a bunch of to88ers [img]images/smilies/mad.gif[/img]

Kim

Scoobychick

iTrader: (1)

Good grief... [img]images/smilies/mad.gif[/img]

Bex you were with me and Chris right? If I remember correctly we had lunch in my local.

Speak to your solicitor asap, meanwhile I'm having a word with my copper mate who is aware of this firm to see if there is anything that can be done on that side of things.

This firm need sorting out, who do they think they are? [img]images/smilies/mad.gif[/img] [img]images/smilies/mad.gif[/img] [img]images/smilies/mad.gif[/img]

Sal

Scoobychick

iTrader: (1)

.....and RING WATCHDOG They lurve this kind of thing.

salsa-king

i'm not saying anything, as i usually open my mouth without putting my brain into gear and i might say something TOTALLY UNINTENTIONALY to upset you!
Move up Here....a lot cheaper and the peeps a a lot of fun too

mutant_matt

Bex,

[img]images/smilies/mad.gif[/img][img]images/smilies/mad.gif[/img][img]images/smilies/mad.gif[/img][img]images/smilies/mad.gif[/img][img]images/smilies/mad.gif[/img][img]images/smilies/mad.gif[/img]

I think it's time you parked your car in that place I recommended until you get this crap sorted out!!!!! You just don't know what they *may* do to it next..... (expesh now they have both your addresses )

Give us a shout.....

[img]images/smilies/mad.gif[/img][img]images/smilies/mad.gif[/img][img]images/smilies/mad.gif[/img][img]images/smilies/mad.gif[/img][img]images/smilies/mad.gif[/img][img]images/smilies/mad.gif[/img]

Matt

P.S. Any Solicitors on this BBS that could help out???

ChrisB

Have you got any legal services included in your insurance Bex? If so, worth giving them a call.

Did you buy anything on the day in question? Could you get a copy of a receipt or credit card slip to show you couldn't have been there?

Could you report them to the Police for harrasment?

logiclee

Can't realy add any more advice bex.

We will all try and cheer you up at the ball.

Lee

Rebecca

Neil,

can't see what there is to stop them making up a "copy" ... all they have to do is write another one out or whatever ... then throw the top copy away and show me the "carbon" copy.

Moving is not a viable issue here ... they don't have my London address ... they have the Suffolk one because that's the one that's on my driving licence ... the one they wanted to take a photocopy of when I reclaimed my car back ... which I refused ... so they still wrote the details down ...

What worries me is ... what is there to stop them from keep writing to me claiming that they've issued notices of when I've supposedly parked there on such and such a date whenever they feel like it ... and if I don't pay up they'll take me to court ....


Matt,

You could be right ... may have to park the car where you recommended ....

Neil Smalley

Bex, Easy to counter that move. All tickets have serial numbers on. Ask to see the one before and one after.

IF it goes to court they are obliged to show the evidence you request, if they screw with it they are in deep doo-doo. Besides, it'll be cheaper for them to drop the ticket then go to court.

I bet if you contest it, and threaten legal action they will drop it.



[Edited by Neil Smalley - 11/19/2001 7:52:27 AM]

TonyG

I had something like this happen to me once - my car was supposed to have been parked somewhere that it wasn't and got a parking ticket. Okay, the only details correct were make (Peugeot) and number plate, they had the wrong colour and model on the notice that I was sent. Took me a few weeks talking to some junior jobsworth who eventually came up with the theory that there was a car running round with false number plates (!) and that I should inform the police. After I stopped laughing, I rang the police in that area who said they couldn't do much about it, and said that unless the parking attendant had got the serial number off the tax disc then there was no proof. I sent this info back to the council in question with a footnote threatening to put it in the hands of my legal representative. Result: they caved in and dropped everything.
If you've got witnesses to say that you were somewhere else, mention that as well.

The Zohan

Rebecca
Sorry to hear this, had a similar problem a few years back and i know the ownus is on YOU to prove to are in the right.

Do you have legal cover with your insurance?
Talk to the Citizens Advice Bureau if not, they are there to help.
Can you prove you/your car were somewhere else at the alleged time of this incident?You could try asking for the tickets either side although i would not hold out too much hope on this one.

Good luck and try not to let it get you down.

Bin Laden

Rebbecca

The thing is DONT PANIC! This is total bullshot and if you put up a fight they'll cave in: they are running a SCAM pure and simple. Speak to a solicitor they do free initial consultationna nd get advice on the sort of letter to send to these crooks.

Then also consider threatening them with Watchdog/Evening Standard story as mentioned above - sounds silly but the threat works a treat -I got Westminnster to back off a parking ticket with it once and thats saying something!

Do not say any more than you have to about the day in question. Never volunteer anything just state your case make them do the work


Goood luck

Bin Laden

Oh and do not offer any money at all.

these scum make me sick i casnt believe its got to be illegal to extort like this

WRXBOB

BEX
This is very easy, just call their bluff:

1) write to them denying the incident took place

2) tell them you were 200miles away on the day/time of alleged incident

3) tell them that as proof, you were stopped by the police for speeding at this other location and are being prosecuted for speeding, and as such have police/court documents proving your whereabouts at the time of their allegations

4) tell them that after taking legal advice, you are happy for them to take you to court, and give them the address of your nearest County Court House (including full postcode)

5) tell them you will be claiming expense against them for this court case, starting with the cost of this letter

6) give them a list of rates you will be charging, ie: £10 per letter written, £50 per 30 minutes labour, £1.50 per mile travelling(for going to and from court) £1 per minute for telephone calls, etc etc

Spend half an hour doing this, making the letter look as professional as possible, and they will decide NOT to take things any further - its just not worth it for them.

This ALWAYS works if the sums involved are relatively small(less than £500) I am talking from experience here!

If I'm wrong I'll pay your fine/costs for you !!!

Good Luck (Not that you'll need it if you take my advice)

BOB

ps. this works for a variety of situations, just adapt it to suit.
pps. forgot, I had a letter this mornin from a well known national company telling me they were not going to take things any further and were closing the file - I wouldnt't have been bothered either way as THEY were in the wrong anyway and I would have won a court case.

edditted coss eye carnt spel

[Edited by WRXBOB - 11/20/2001 12:45:59 AM]

letdown

Rebecca,

Dont take this the wrong way, but Id just pay it! Yes I know 70 quid and all that but at the end of the day think of all the hassle etc...etc..!! Where as if you pay the 70 you can just put a line under the whole event. Please dont anyone flame me but IMHO Id just pay it and sleep at night !

Neil Smalley

No offense to letdown, but it's this kind of 'anything for an easy life' attitude that allows company's to scam all kinds of things from people.

Bex, if you KNOW you were nowhere near where you were alleged to have wrongly parked, fight it! Why should you pay 70 quid for something you did'nt do???

It's more than about the money it's about the principle of the big guy bullying the little guy(girl) knowing that they will get away with it [img]images/smilies/mad.gif[/img]

So go for it, fight it and score one back for the silent majority!

letdown

Fair point Neil.

IMHO Id hand over the 70 quid and have less stress ! but thats me !

mutant_matt

But Bex has already forked out £285 which was debatably wrong in the first place To then try and extract another £70 is beyond a joke [img]images/smilies/mad.gif[/img][img]images/smilies/mad.gif[/img]

Fight it Bex, that's what I say!!!!!

I know it's no good to you now, but I read last night that legislation is on the way to get rid of the cowboy clamping companies. They are setting up a regulator, rules of what is/not allowed, rules about who is allowed to be in the employment of these clamping companies etc.

Only thing is, it's 18 months away from becoming law

Matt

Rebecca

letdown,

I know what you mean ... but on principle I have to fight it ... because it's wrong .... if I pay up now ... what's to stop them from contacting me again saying there's another date ... another date ... another date and so on and so forth.

No, I have to contest it because they're wrong. I was never parked where they specified and was never issued with the penalty notice ... which by the way only local authorities and police are actually allowed to issue ....

when I rang up the solicitor yesterday I got a recorded message ... a very neat one at that .... another effort to try and browbeat me into paying up ... but I have no intention of doing so.

Letter is on the way to the solicitor to contest liability ....

thanks for the support everyone.

Have to say that legislation is long overdue IMHO .... even police say it's daylight robbery

roadtrip

Give 'em Hell Rebecca...

everybody on the bbs are right with you. And if we all put a pound in the 'pot' we could raise the funds to get you a fancy solicitor and make sure that its THEM who end up paying you!

WRXBOB, agree with you on that, I did same sort of thing last April but actually went to court. It finished with ME receiving £125 costs and the case being dismissed, wot a result!

CharlieWhiskey

Fight them every way you can, don't let the b4st4rds get you down!

Good luck, get some legal help, these are cowboys

Si James

Write to them.

Tell them that you are going to fight it all the way, regardless of costs to yourself.

Tell them that your family if a Legal familiy, and that you have access to almost limitless legal resources FOC, therefore this equals no cost to you, but loads for them.

Ask them if they really want to continue this absurd claim.


The cost of recovering the money will probably put them off......

If this fails, remember the maxim (in the following order):

a) Denial. Loads of letters between you and the solicitors denying the (allaged) events;

b) Confusion. Create confusion by contesting various facts. Again loads of leters each way.

As each letter from their solicitor will cost £70-£100 they will get fed up pretty quickly.

then:

c) if payment is unavoidable, offer them 50p a month in full and final settlement, whilst not admiting any liability. Tell them that this offer is "reasonable" and if they do not accept it that you will only make the same offer in court.

d) If they accept this offer pay only one payment, no more. When they write to you go back to stage (a),(b) and (c). The (d) if you have to. They can then only sue you for the arrears anyway.

I have used these techniques for years. They work.


Best of luck.


Simon

stevencotton

Anyone fancy coming down The Bell in Benington on Thursday? Looks like someone could do with a pint.

Steve.

Rebecca

thanks for all the support ... it's much appreciated ... all donations gratefully accepted too

have written to the solicitors to say that I'm contesting it as I can honestly say that I've never parked where they're claiming it was parked .... watch this space ...

Steven,

think more than a pint's needed

Neil Smalley

Go get em Bex

Rebecca

letdown,

I was so right not to hand over the £70 ...

just as I suspected would happen .... I have just received a second letter from the solicitors ... demanding another£70 for a different date ... [img]images/smilies/mad.gif[/img]

.... and so it goes on .... guess that means a second letter is on the way to the solicitor contesting it .... [/b]



[Edited by Rebecca - 12/8/2001 12:24:41 PM]

Rebecca

If anyone's got any constructive ideas about how I can fight this ... all suggestions gratefully received ... I'm at my wit's end about this ....

Neil Smalley

Keep at it Bex.

When they back down(as they must) then hand them a bill for your time and the solicitors time. As I seem to remember your on about 300 quid an hour are'nt you

If they continue getting funny about it, let em take you to court. You'll win, plus be able to sue for costs.