Parking Charge Notice of £70 from ParkingEye

[carlhorn]

Dear all,

I recently parked in Aldi in Gillingham to visit a friend for the evening on 5th September 2007, I received a Parking Charge Notice today with date issued 11th October.
I was there for 4 hours when the maximum was 1hr 30mins obviously thinking in the evening no parking wardens would be around so I thought I would be ok, but as it turns out I got this PCN today.
Its £70 or £40 if I pay within 14 days.
The PCN looks very much like a police document well so it looks like its made to look like (if that makes sense).
They say they have photographic evidence of me entering and leaving at the times which I don't dispute.
Anyway, does anyone know of how I can get out of it, because I have heard from people before its not the same as a council or police notice.
I am not the registered keeper as my Dad owns the car, which he forwarded the PCN onto me.

Thanks,
Carl

[patdavies]

You need to read the threads about private parking tickets - including the sticky.

If there is anything that you then don't understand, post back

[carlhorn]

I understand it a little bit.
Basically I was thinking of getting the RK to write a letter saying that he wasn't the driver cause I was so he could not of entered the contract?
Its that ok?

[Bernie_the_Bolt]

Originally Posted by carlhorn

I understand it a little bit.
Basically I was thinking of getting the RK to write a letter saying that he wasn't the driver cause I was so he could not of entered the contract?
Its that ok?

The RK should write back:

Dear Sirs,

Thank you for your correspondence.

This is a matter you need to take up with the driver of the vehicle.

Yours faithfully

[carlhorn]

Hmm does that actually work?

[patdavies]

Not quite. The RK does not have to name you. The RK should send the following.

Dear Sir,

I am in receipt of your invoice number XXXXXXX.

I note that you have sent this to me as the registered keeper of the vehicle concerned.

However, any purported contract can only have been formed by the driver at the time - this was not me and I therefore suggest that you contact the driver.

I am not prepared to engage in any further communication with you. If you believe that I, as registered keeper am liable, then I suggest you proceed to Court without further delay - any such action will be strongly defended

Yours faithfully

etc.

[carlhorn]

Thanks very much will give it a go and send the letter tomorrow.
Will let everyone know how I get on cheers guys

[Bernie_the_Bolt]

Originally Posted by patdavies

Not quite. The RK does not have to name you. The RK should send the following.

Dear Sir,

I am in receipt of your invoice number XXXXXXX.

I note that you have sent this to me as the registered keeper of the vehicle concerned.

However, any purported contract can only have been formed by the driver at the time - this was not me and I therefore suggest that you contact the driver.

I am not prepared to engage in any further communication with you. If you believe that I, as registered keeper am liable, then I suggest you proceed to Court without further delay - any such action will be strongly defended

Yours faithfully

etc.

You can't form a purported contract.

I prefer short and sweet but if you go with this suggestion change the relevant paragraph to:

However, any purported contract can only have involved the driver at the time - this was not me and I therefore suggest that you contact the driver.

[madeinbirmingham.org]

I have read many of the messages on here about parking charges but I do not understand why anyone answers them, why bother. If the delivery is not recorded I would not bother answering it on the basis I never received it as anything that looks remotely like junk mail is recycled immeadiatey or simply--prove I received it.

It worked the last time when I parked overnight on the A5 services, I just ignored it and never heard anymore.

[demon_x_slash]

People worry because many of these tickets are purposely (and unlawfully) done up to look 'official', i.e. criminal, and that would worry anyone. However, my little maxim is 'just because the man's in a uniform, doesn't mean he's a policeman'...I've always found that the best approach

[Barnsley Boy]

Originally Posted by madeinbirmingham.org

I have read many of the messages on here about parking charges but I do not understand why anyone answers them, why bother. If the delivery is not recorded I would not bother answering it on the basis I never received it as anything that looks remotely like junk mail is recycled immeadiatey or simply--prove I received it.

It worked the last time when I parked overnight on the A5 services, I just ignored it and never heard anymore.

The above is a good point and this is a tactic adopted by many people. However, the PPCs have a habit of ramping up the charges as time goes on. One nasty little outfit UK P.A.O. even claims to be able to invoke "liquidated damages" at £3 / day on outstanding "debts". It's all bo**ocks but, in the very unlikely event of a PPC using the small claims court, it's as well to have evidence that you did dispute the invoice and made some effort to avoid going to court.

In my case I sent the RK letter and then the "put up or shut within 14 days letter, that one by Recorded Delivery. It did not do any good, at least not instantly, but knowing these were to hand as evidence if required made me feel better.

As a half way house you could cheerfully ignore everything up to the Debt Collector's letter, write back to them saying the debt is disputed, refer back to the PPC. If true to current form then you should hear nothing.

[carlhorn]

Just to let everyone know I sent a letter last week saying this needs to be taken up with the RK and each time they or any of there agencies or companies they pass the fine onto, I will charge them £50 for writing to them.
Will let you all know if I get a reply!!!

[patdavies]

Originally Posted by carlhorn

Just to let everyone know I sent a letter last week saying this needs to be taken up with the RK and each time they or any of there agencies or companies they pass the fine onto, I will charge them £50 for writing to them.
Will let you all know if I get a reply!!!

No. The letter should be sent by the RK - the only name/address that the scum have - and should say that the matter needs to be taken up with the driver.

[feralcat2]

Please note , the signage at Aldi in Gillingham has the word PENALTY on it. Also the info distributed by Aldi about the carpark has the word 'FINE' printed on it.

This wording is associated with the Road Traffic Act, whereas the Aldi car-park, being a private car-park facility is operated within the remit of Contract Law, and free for shoppers use for 1.5 hours. Parking for longer is deemed as 'over-stay' and is dealt with within the remit of contract law. (read the sticky, all you need to know) Its important, learn about your rights and all there is to know about private car-parks so you don,t stumble unaware of the pit-falls.

Parking Eye are seeking to equate Traffic Law with Contract Law. Traffic Law has manditory penalties whereas Contract Law defines the loss's incured as damages. Since the carpark is free, the £70 charge is a penalty (as stated on the sign) and is unenforceable in contract law because it is deemed as excessive and extortionate.

Ask Private Eye to provide the statutary or case law citations to support charging you a penalty for over-stay.

[BaldyBaldwin]

can some one tell me wot the "STICKY" is and were i can find it.

regardsBB

[Zamzara]

http://www.consumeractiongroup.co.uk...s-charges.html

[samspam]

I've been dealing with a pcn from parking Eye on another thread, I decided to ignore until the debt collectors letter and lo and behold the debt collection company is also Parking Eye! The address is the same except the po box number and the phone operator was the same rude obnoxious girl I spoke to the first time I got the PCN, I told her it was in dispute to which she got all huffy and when I quoted her some contract law stuff (thanks to the sticky) and threated to claim harrassment (as the letter threatened to clamp me and that the bailiffs would seize goods - which cannot be enforced except by the courts as I believe) she said she would "put a note on the system".

Surely it's worng that the PCN can also act as a debt collectors for their own charges?

One for Watchdog I think

I'm not paying they can get lost! That really riled me!