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Go Back   The Consumer Forums > The Consumer Forums
The Consumer Action Group
> 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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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 4th March 2008, 17:46   #1 (permalink)
Stuvts
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Join Date: Mar 2008
Posts: 4
Stuvts Novitiate
Angry Private Parking Ticket (Help!!)

Hi, i am new to this and hoping you guy's can help me out.

I received a Parking Charge Today for £60 if paid within 14 days. I parked on Superbowl carpark (which is no longer open), as far as i could see the only sign visible on entering was a superbowl branded sign stating for customers only. I was parked for 20mins max, came back to find a parking charge on the windscreen. After seeing this I checked and saw another sign mentioning permit holders. ( I will revisit the site and get the exact wordings of these shortly). The front of the ticket reads "Parking Charge Unauthorised removal or interference is an offence"

Inside
(Part 1) Issue Details
This states my registration, date and time issued (funny how it was issued 2 mins after arrival!) Location and reason "No permit on display"

(Part 2) Payment details
£85 within 28 days or at a reduced rate of £60 if paid within 14 days.
it also states photographic evidence has been taken and can be used as evidence in court.
(part 3) Offers help for people on benefits and senior citizens (aren't they kind!)

(Part 4)Late Payments
Failure to pay £85 in 28 days will rsult in details being obtained from DVLA and fine going upto £100, failure to pay after another 7 days from the date you receive a polite reminder will result in an increase to £135 and may be placed in the hands of our debt recovery team (ie rossendales collect ltd) and court action being taken

(Part 5) Appeals
Appeal in writing within 14 days, all correspondence must include your name and address. You must supply evidence as to why you were parked in violation of the parking terms and conditions as displayed on the contractual warning signs erected on the land.
Payment must be enclosed with your correspondance. If successful your money wil be refunded. Witholding payment whilst in dispute will result in your costs increasing. Please allow 28 days for reply.

I have included most of the details if anyone needs any more details please let me know. I would appreciate it if anyone could give me any pointers on what to do.

Thanks in advance.
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Old 4th March 2008, 18:08   #2 (permalink)
Barnsley Boy
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Default Re: Private Parking Ticket (Help!!)

You have not committed any offence and you’ve been ticketed by a private company whose tickets have no status unless a case is brought at the expense of the issuer in a civil court. Under no circumstances get involved in any so-called "appeals procedure".
The "charge" is alleged under contract law. Despite what they may call it, what you have is an "invoice" (a decidedly dodgy one at that) from a private parking company who allege you have breached their terms and conditions by failing to park in accordance with their rules. The ticket is not backed up by statute, unlike those issued by councils and police.
The “ticket” is virtually unenforceable and the truth is that the Parking Company will probably not even try to enforce it by legal action. Instead they will use debt collectors who will threaten references to credit agencies, personal visits by bailiffs and removal of property. These threats have no foundation. The reality is they would need to bring civil litigation in the county court against the driver and prove a breach of prominently displayed terms and conditions. They will go to the DVLA to identify the registered keeper of the vehicle but you have no responsibility to tell them who was driving (even if it was you) and enforcement can only take place against the driver. These cases are largely dealt with by threats and bluster rather than any real action on the basis that most people pay up to avoid hassle.
Don’t be a mug – stand firm don’t be bullied
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Old 4th March 2008, 18:53   #3 (permalink)
Stuvts
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Default Re: Private Parking Ticket (Help!!)

Thanks for the quick reply Barnsley Boy, I will post any further developments. Thanks!!
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