Help me win this argument.

[Globalti]

Here's the story: about 3 months ago I got a private parking ticket in my company car. The owners of the land wrote to my employer who, to my annoyance, wrote back confirming that I was the user of the car but adding at my request that they "could not be sure Mr Gti was driving at the time" which I thought was piss-poor. Since then I have received six letters with escalating levels of threat from no less than three increasingly nasty-sounding debt collection agencies. However these people are such muppets that the letters purporting to come from three different agencies with different addresses and contact details all bear THE SAME illegible signature with different names beneath and in the last two they have generously discounted the payment in an attempt to bully me into paying at least something, thereby effectively admitting defeat.

Naturally I have ignored them all and it is now a month since the last letter so I think they've given up.

However I'm determined to take this up with my employer, not just for my own possible future benefit but also for the sake of any other company car drivers in the same position of being threatened by these extortionists. I maintain that the company should have had the balls simply to write back: "This vehicle is insured for any employee to drive. Please identify the driver for us so that we can pass on your letter." Our company secretary's single biggest objection is that the parking fee enforcer might serve a writ on the company, spoiling our impeccable credit record or something. This sounds like cobblers to me so I need to know more about it - can a writ be served in a civil case and how much would it cost to serve a writ? (i.e. how unlikely is anybody actually to resort to such an action?)

Thanks.

 

[mickle]

Let me get this straight. You parked on someone else's land and you're trying to wriggle out of paying. Is that the gist?

 

[Archie_tect]

Let me get this straight. You parked on someone else's land and you're trying to wriggle out of paying. Is that the gist?

...and that you have tried to persuade your company to accept liability and lie on your behalf?

 

[gaz]

The trick to 'winning' an argument or debate is to prove the other person wrong.

I proved that you're wrong, and if you're wrong I'm right.

 

[Theseus]

Anything like this?

 

[400bhp]

Let me get this straight. You parked on someone else's land and you're trying to wriggle out of paying. Is that the gist?

He hasn't said he parked on someone elses land.

These companies are generally extortion rackets. Often, the companies do not own the land, more thay have been subcontracted by the land owners to administrate the land (often they are supermarket car parks). Sometimes, there is no link between the company and the land. They will try and make the "fine" look like a legitimate council parking fine, wrapped up in yellow plastic paper. They will also try and charge an amount than is not in relation to the real cost of parrking.

FWIW, I think you've explained your reasoning pretty well and would go back to your employer with similar wording.

 

[rowan 46]

unless you received a ticket at the time you are not obligated to pay as far as I know. at least that's what was told my partner and she got off. sorry just read that you did get a ticket. Having informed you of the fine beforehand they are entitled to collect. Apparently it's those ones where they record you but don't man that you are not obligated to pay

 

[Globalti]

Thanks 400bhp, only you seem to have come close to grasping the nature of my question! I wish people would read posts and understand the question before diving in. The nub of the question is in the last sentence:

"This sounds like cobblers to me so I need to know more about it - can a writ be served in a civil case and how much would it cost to serve a writ? (i.e. how unlikely is anybody actually to resort to such an action?)"

We are taking about BOGUS parking tickets here, an extortion racket that is sailing very close to the wind where the law is concerned. I want to persuade my employer that if the same thing happens to me or a colleague in future they ought to MTFU and tell the "penalty enforcement agency" to get stuffed. Except that they wouldn't say that, they would simply invite the "agency" to identify the driver, thereby putting an end to the stupidity in a completely passive way.

 

[RecordAceFromNew]

Similar thing happened to me, this might help if you haven't seen it. The issue is whether the driver (not the car owner) had entered into a contract with the carpark/landowner and if so whether you breached the contract, and which given the circumstance generally is practically impossible for the carpark/landowner to prove, and therefore not economic to pursue.

Since your company doesn't know who was driving the car, and the company was not driving the car , all the company needs to do is to tell them it doesn't know who was driving the car and that would be a dead end to the cowboy "penalty enforcement agency".

 

[asterix]

A relative of mine worked for a clamping firm. They are scum. When he tried to leave their employment he received threats himself and left the area (Essex).

 

[col]

Its very unlikely that these thieves would issue a writ, as they just try it on with bluff and imitation. they have no legal backup, as its akin to just asking someone for money. They try to imitate official tickets and plastic covers to give their begging more officialdom. Ignore and they will stop asking. Your company would do better to just not answer them at all, as answering gives them hope of a result with their begging.
Always check that it isnt the local council though. It normally isnt, but they do have legal back up and real tickets, and need paying.

 

[srw]

He hasn't said he parked on someone elses land.

Here's the story: about 3 months ago I got a private parking ticket in my company car. The owners of the land wrote to my employer

No?

Either it's a scam, in which case a call to trading standards is in order. Or it's legitimate, in which case you should pay up.

Either way, it's your problem, not your employer's - unless your agreement with them specifically says that they are responsible for your parking fines.

 

[buddha]

Have you asked them for proof?
Give a local solicitor a call (or perhaps a couple). They usually give a bit of free advice.
Try posting this on somewhere like forums.moneysavingexpert.com

 

[Globalti]

Srw, you still haven't grasped it. I have not denied that I contravened the terms of the use of their car park. (In fact I merely parked incorrectly on somebody's car park, which strengthens my determination not to be intimidated into paying their "fine" - how dare they try to extort money from me!)

If you read my original post again I am asking if anybody on CC can give me the facts, which I need to persuade my employer to have the balls to stand up to this kind of intimidation because NOTHING is likely to happen. Not being a lawyer I know nothing about legal writs, their use, effect, cost or likelihood. Can you answer that bit for me?

The principle of resistance to this kind of extortion is that you say nothing, ignore their letters and leave it to them to prove you were the driver. If everybody including employers stuck to this simple principle this kind of scam would soon die out.

 

[BigonaBianchi]

http://www.adviceguide.org.uk/index/your_rights/legal_system_index_ew.htm


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