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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 3rd April 2008, 19:06   #1 (permalink)
ncf355
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Default Total Parking Solutions

Hi all,

I have received a "notice to owner" for a parking fine of £60 for an alleged parking offence in January

It is from Total Parking Solutions and aks me to pay by 14/04/08 or it will be increased to £100 (to cover "administration")

Now, they state in this farce ofa letter that "you are liable for the parking charge even if you were not the driver at the time"

I understand (correct me if I'm wrong) that this is ball hooks, and that the contract that is alleged to be breached has to be taken on by thew person driving at the time before it can be breached (e.g: tom smith entered the car park at 11am, having read the clear "you will be fined X amount if you fail to display a valid ticket at anytime" and procceding to pay for 1 hour but parking for 1hr 30 minutes)?


In addition, on the back they quote that their are only 7 grounds of appeal due to the" road traffic act 1991(as amended) and the decrimnalised parking enforcement on private land law"

I was under the impression the road traffic act 1991 had no bearing on private parking fines, and if this is the case are they commiting an offence?

All input gratefully received
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omnia praesumuntur legitime facta donec probetur in contrarium

Anyone afraid of attending court? read this new posting!

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Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional
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Old 3rd April 2008, 23:46   #2 (permalink)
pin1onu
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Default Re: Total Parking Solutions

Quote:
Originally Posted by ncf355 View Post
Hi all,

I have received a "notice to owner" for a parking fine of £60 for an alleged parking offence in January

It is from Total Parking Solutions and aks me to pay by 14/04/08 or it will be increased to £100 (to cover "administration")

Now, they state in this farce ofa letter that "you are liable for the parking charge even if you were not the driver at the time"

I understand (correct me if I'm wrong) that this is ball hooks, and that the contract that is alleged to be breached has to be taken on by thew person driving at the time before it can be breached (e.g: tom smith entered the car park at 11am, having read the clear "you will be fined X amount if you fail to display a valid ticket at anytime" and procceding to pay for 1 hour but parking for 1hr 30 minutes)?

In addition, on the back they quote that their are only 7 grounds of appeal due to the" road traffic act 1991(as amended) and the decrimnalised parking enforcement on private land law"

I was under the impression the road traffic act 1991 had no bearing on private parking fines, and if this is the case are they commiting an offence?

All input gratefully received
You're 100% in your assertions.

They are committing offenses under section 40 of the Administration of Justice Act by claiming in a document to have authority that they dont have. Its quite a common tactic from PPCs.

The RTA 1991 and DPE are for the public highway not private land.

Have a read of the Private Parking Guide in the stickies section. It sets out the legalities quite nicely and then have a read of the template letters for how to respond.
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Old 4th April 2008, 09:41   #3 (permalink)
ncf355
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Default Re: Total Parking Solutions

Cheers Pin!
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Old 4th April 2008, 14:17   #4 (permalink)
Barnsley Boy
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Default Re: Total Parking Solutions

ncf,

Just to add my voice to the throng - DON'T PAY.

Stand firm, you will continue to get nasty letters but stand firm, you know you are in the right.
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Old 4th April 2008, 16:31   #5 (permalink)
ncf355
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Default Re: Total Parking Solutions

Hmm

Dont worry, no intention, and if they continue with the letters I'll sue them

Dont give in to the DCA's so it aint gonna be any different for this bunch of pond scum
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