Road rules4 mins ago
UKPC Parking Charge Certificate UPDATE
5 Answers
With regard to the below link
http://www.theanswerbank.co.uk/Law/Civil/Quest ion737418.html
My wife has now received a very threatening letter (some in bold red ink) from a collections agency informing us that we now owe �100 and if we don't pay within 7 days they will apply for a county court judgment against us.
Can they do this? Will we have to go to court? Can they go to court without her being present?
I understand that the contract for the parking in the first place was between the driver of the car and the car park owner and not the car owner.
Should we write to the collections people and reiterate this fact?
Do we just ignore this latest letter?
She has three separate witnesses that will state the fact that she was not the driver
http://www.theanswerbank.co.uk/Law/Civil/Quest ion737418.html
My wife has now received a very threatening letter (some in bold red ink) from a collections agency informing us that we now owe �100 and if we don't pay within 7 days they will apply for a county court judgment against us.
Can they do this? Will we have to go to court? Can they go to court without her being present?
I understand that the contract for the parking in the first place was between the driver of the car and the car park owner and not the car owner.
Should we write to the collections people and reiterate this fact?
Do we just ignore this latest letter?
She has three separate witnesses that will state the fact that she was not the driver
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Unless you name the driver, as registered keeper your wife is responsible for your vehicle.
Yes, they can take her to court.
Yes, they can get judgement in her absence.
A private parking company was recently successful in court in a case similar to yours, despite having all the advice and backing of experts on a website, and was awarded literally hundreds of pounds.
Yes, they can take her to court.
Yes, they can get judgement in her absence.
A private parking company was recently successful in court in a case similar to yours, despite having all the advice and backing of experts on a website, and was awarded literally hundreds of pounds.
Yes, Ethel is absolutely correct.
I have seen numerous threads on AB and �expert advice� given in other places that suggest if you file the �invoice� in the bottom drawer it will eventually go away. The parking enforcement company will no more go away than will the gas company if you fail to pay your gas bill. Although there are some cowboy outfits around, in the main those used by big retailers are not �chancers�. They know the law and have a team of people to rigorously support their actions.
Every case, of course, turns on its individual merits and the one cited is but one of many. I�m quite sure there are many others where the decision went against the parking company, but you will not find those details on their web site. However, in general, if there is evidence to suggest that a parking contravention has occurred, the onus shifts to the driver to come up with a reason to prove it has not. As amply demonstrated by the sample case, this is by no means easy. Furthermore, the burden of proof in a civil court is to a much lower standard (�the balance of probabilities� and not �beyond reasonable doubt�) than in a criminal court.
Finally, the effect of a CCJ on an individual is often far more profound than a minor criminal conviction, particularly if that individual wants to pursue a �normal� lifestyle, involving loans, credit cards and mortgages, etc.
The points raised by mrs_overall (particularly concerning who was driving the vehicle) are valid. They were addressed in the case cited and the ruling went against the driver. If you want to defend the case along those lines the onus will fall upon you (or your wife) to prove your point. If you can be bothered and you think you can succeed I wish you well.
However, bearing in mind that a parking contravention has been committed by somebody driving your car (which I do not believe is denied) I personally would pay up and move
I have seen numerous threads on AB and �expert advice� given in other places that suggest if you file the �invoice� in the bottom drawer it will eventually go away. The parking enforcement company will no more go away than will the gas company if you fail to pay your gas bill. Although there are some cowboy outfits around, in the main those used by big retailers are not �chancers�. They know the law and have a team of people to rigorously support their actions.
Every case, of course, turns on its individual merits and the one cited is but one of many. I�m quite sure there are many others where the decision went against the parking company, but you will not find those details on their web site. However, in general, if there is evidence to suggest that a parking contravention has occurred, the onus shifts to the driver to come up with a reason to prove it has not. As amply demonstrated by the sample case, this is by no means easy. Furthermore, the burden of proof in a civil court is to a much lower standard (�the balance of probabilities� and not �beyond reasonable doubt�) than in a criminal court.
Finally, the effect of a CCJ on an individual is often far more profound than a minor criminal conviction, particularly if that individual wants to pursue a �normal� lifestyle, involving loans, credit cards and mortgages, etc.
The points raised by mrs_overall (particularly concerning who was driving the vehicle) are valid. They were addressed in the case cited and the ruling went against the driver. If you want to defend the case along those lines the onus will fall upon you (or your wife) to prove your point. If you can be bothered and you think you can succeed I wish you well.
However, bearing in mind that a parking contravention has been committed by somebody driving your car (which I do not believe is denied) I personally would pay up and move
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