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> Parking / Traffic Offences

Parking / Traffic Offences A forum to discuss the legalities or unlawfulness of parking/speeding tickets or congestions charges etc.


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Old 7th January 2008, 21:02   #1 (permalink)
Chris-P-Bacon
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Default "Parkforce" need help ASAP

Okay, here's the deal, parkforce (apparently) run the car park situated next to my workplace.

Before starting my job in said workplace, i asked a traffic warden on site if motorcyclists needed to purchase tickets, and where it was okay to park.

There are several bays at the end of the car park with bollards in front of them, no disabled signs, nothing, and suffice to say i've been parking my motorcycle in these spaces for the last 5 months with zero consequences..

Until today, i finish work at 7pm to find [EDIT - INAPPROPRIATE] in a uniform and illuminous jacket, wearing a cheeky grin, standing by my motorcycle..

He says "that charge WILL go through, you've parked in a paid for parking space"..

let me remind you of the fact, this is not written on these spaces..

quite frankly, i cannot afford the £60 they're charging me, and i need help stat.

any advice wil be greaty appreciated.

If needed, the parking lot is located in "greyfriars, carmarthen" and thats in South Wales (carmarthenshire)

Last edited by alanfromderby; 7th January 2008 at 23:02.
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Old 7th January 2008, 21:47   #2 (permalink)
pin1onu
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Default Re: "Parkforce" need help ASAP

Quote:
Originally Posted by Chris-P-Bacon View Post
Okay, here's the deal, parkforce (apparently) run the car park situated next to my workplace.

Before starting my job in said workplace, i asked a traffic warden on site if motorcyclists needed to purchase tickets, and where it was okay to park.

There are several bays at the end of the car park with bollards in front of them, no disabled signs, nothing, and suffice to say i've been parking my motorcycle in these spaces for the last 5 months with zero consequences..

Until today, i finish work at 7pm to find [EDIT - INAPPROPRIATE] in a uniform and illuminous jacket, wearing a cheeky grin, standing by my motorcycle..

He says "that charge WILL go through, you've parked in a paid for parking space"..

let me remind you of the fact, this is not written on these spaces..

quite frankly, i cannot afford the £60 they're charging me, and i need help stat.

any advice wil be greaty appreciated.

If needed, the parking lot is located in "greyfriars, carmarthen" and thats in South Wales (carmarthenshire)
I presume this is a private car park. What charge is he talking about?

So we can better advise you can you post up details of what documentation, if any, they've given you.

If he has given you a "ticket" does it mention either the Road Traffic Act 1991 as amended or the Road Transport Act 1984. The former will have the words Penalty Charge Notice and the latter an Excess Charge Notice. If they don't mention these words or terms then it is an invoice from a Private Parking Company (and even if they do it may still be an invoice).

If you can scan or copy any documentation and any identifying details someone will be able to have a look and advise.

Have a read of the Private Parking Companies Guide in the stickies section
at the top of this forum.

Last edited by alanfromderby; 7th January 2008 at 23:03.
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Old 7th January 2008, 21:59   #3 (permalink)
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Default Re: "Parkforce" need help ASAP

"Administration / Lawful Issue"

This parking charge has been lawfully issued and the collection procedure will be processed in accordance with The Administration of Justice Act 1970. A number of government organisations operate a working code of practice to which the UK {arking Enforcement Agency adheres. To ensure constant lawful and ethical business practise(sp?), such organisations are granted access to assess and review operationa procedures.
DVLA & Data Protection

The UK Parking Enforcement Agency adheres to DVLA's code of practice for the collection and processing of data.
The DVLA is granted access to the UK Parking Enforcement Agency's data processing office to check data processing procedures. Records are made available to them thus ensuring the DVLA is satisfied that all data is expedited in the manner agreed and to ensure security of storage and access so as to comply eith the Data Protection Act 1998. Data may be shared with third parties in relation to the issue of a parking charge in order to assist with a parking charge appeal. The UK Parking Enforcement Agency may also disclose data to a third party on the instigation of legal proceedings.

-=-=-=-

thats what it says
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Old 7th January 2008, 23:54   #4 (permalink)
pin1onu
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Default Re: "Parkforce" need help ASAP

Quote:
Originally Posted by Chris-P-Bacon View Post
"Administration / Lawful Issue"

This parking charge has been lawfully issued and the collection procedure will be processed in accordance with The Administration of Justice Act 1970.
This is an invoice from a private parking company. It has little validity. Have a read of the following. Private Parking Companies/Charges - Advice Paper (everything you need to know) which is in the stickies section at the top of this forum. Also up there are some template letter you can modify and use.

These guys are just trying it on. If there are no visible signs then they can't even claim you've entered into a contract.

Don't pay them a penny.
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Old 7th January 2008, 23:58   #5 (permalink)
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Default Re: "Parkforce" need help ASAP

Quote:
Originally Posted by pin1onu View Post
This is an invoice from a private parking company. It has little validity. Have a read of the following. Private Parking Companies/Charges - Advice Paper (everything you need to know) which is in the stickies section at the top of this forum. Also up there are some template letter you can modify and use.

These guys are just trying it on. If there are no visible signs then they can't even claim you've entered into a contract.

Don't pay them a penny.
unfortunately though i cant go to court, due to other more personal reasons im on a conditional discharge which means im not allowed to enter court otherwise my charges get brought back up
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Old 8th January 2008, 00:01   #6 (permalink)
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Default Re: "Parkforce" need help ASAP

This is a civil matter - it has no bearing whatsoever on criminal proceedings.
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Old 8th January 2008, 00:14   #7 (permalink)
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Default Re: "Parkforce" need help ASAP

ok well if i take some photo's tomorrow, post them up.. will you guys tel me what to write in my letter? though i must mention now, there is a big blue sign for the pay and display, though im fairly sure it doesnt mention those spaces as those spaces are held by a different company.. like i said i'll photograph tomorrow (and probaby get a second fine lol)

sorry for any mistakes in spelling, my L button doesnt work very well

Last edited by Chris-P-Bacon; 8th January 2008 at 00:18. Reason: stupid
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Old 15th January 2008, 14:04   #8 (permalink)
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Default Re: "Parkforce" need help ASAP

ok, sorry for late reply havent been able to get near a computer..

here are the photos from the car park,

first of all is the sign in the centre of the car park, note how it says carmarthenshire county council and not parkforce, mainly because according to the centre manager the spaces i parked in are owned by a different company.



second of all is the parking space i actually parked in (the one with the trolley in it), again note, no signs saying private parking or disabled signs or whathaveyou.



Next is just a simple picture of the bollard, showing again no notices.



and last of all, the fine notification i recieved, note how it is marked "other" on offence, clearly showing i havent failed to purchase a ticket, or parked in a disabled spot.




need help asap as have 1 week left to reply/pay
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Old 15th January 2008, 14:35   #9 (permalink)
skbuncks
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Default Re: "Parkforce" need help ASAP

This is nothing more than an invoice. Dont pay it. Follow the advice given below:

Quote:
Originally Posted by pin1onu View Post
This is an invoice from a private parking company. It has little validity. Have a read of the following. Private Parking Companies/Charges - Advice Paper (everything you need to know) which is in the stickies section at the top of this forum. Also up there are some template letter you can modify and use.

These guys are just trying it on. If there are no visible signs then they can't even claim you've entered into a contract.

Don't pay them a penny.
You can then send them a letter if you so desire, something along the lines of this (post 24), obviously amended to your own personal circumstances

skb
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Old 15th January 2008, 18:16   #10 (permalink)
Chris-P-Bacon
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Default Re: "Parkforce" need help ASAP

Quote:
Originally Posted by skbuncks View Post
This is nothing more than an invoice. Dont pay it. Follow the advice given below:



You can then send them a letter if you so desire, something along the lines of this (post 24), obviously amended to your own personal circumstances

skb
that letter is saying he wasnt the driver though, i clearly was..
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Old 15th January 2008, 19:16   #11 (permalink)
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Default Re: "Parkforce" need help ASAP

Quote:
Originally Posted by Chris-P-Bacon View Post
that letter is saying he wasnt the driver though, i clearly was..
Suggest using Bernie's standard template, a simpler version of the above. [see "stickies" at top of forum]

The idea is that you do not have to admit who was driving [even if it was you]. It is up to the PPC to supply the evidence to make their case. You should not lie but at the same time you admit nothing. Bernie's template allows you to do this.
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Old 15th January 2008, 19:19   #12 (permalink)
Chris-P-Bacon
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Default Re: "Parkforce" need help ASAP

oh i see cheers guys, they have cctv everywhere though :/

Last edited by Chris-P-Bacon; 15th January 2008 at 19:24.
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Old 16th January 2008, 17:14   #13 (permalink)
pin1onu
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Default Re: "Parkforce" need help ASAP

Quote:
Originally Posted by Chris-P-Bacon View Post
oh i see cheers guys, they have cctv everywhere though :/
Even if they do have cameras everywhere the quality may not be sufficient to identify you as the driver. The cameras may not be working or may not be recording. They have to be able to show a sequence of you driving and parking the vehicle and then re-entering the vehicle and driving it away. For evidence purposes they would have to have a date and time-stamp as well. You've got grounds to challenge when their clock was last synced etc.

Even if they've got all that then they have to prove they are talking to the correct person - all they have is a picture - they can't actually put a name to the face until someone who knows you actually identifies you.

Even if they do identify you they then have to establish that you agreed to enter into a contract with them. Assuming that they can then do that they then have to show it was a fair and reasonable contract etc.

Anyway keep your powder dry you can use these arguments later if you need them. Ask them to prove you're the driver first and post back any responses you get. There plenty of help and advice if you need it.
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