Private Parking Companies/Charges - Advice Paper (everything you need to know)

[Bernie_the_Bolt]

Originally Posted by wilbur

Thanks Bernie- the-Bolt, I'll try that and see what happens. If it is proven that it was my son who was the driver is he still iable to pay up from your knowledge? I've read most of the info about this on the site but this lot really are coming on very strong.

Then you get into the whole debate about whether there is a contract and whether its terms are lawful. Cross that bridge if and when you get to it. Do not respond to questions over who the driver was, it is their job to prove it.

[wilbur]

Thanks Bernie, already had the letter asking who the driver was if it wasn't him and ignored that one. The next was this one from Accent Credit Solutions. I guess if they do issue a County Court Claim we can be ther to defend ourselves on the day?

[Aarond]

Dear all, I am new to this forum, and need your help!

**GOT A FINE, BUT DIDN'T BREAK A RULE - TEMP CAR PARK - HELP****

I have received a parking ticket from St Martins' College in Lancaster whilst visiting my sister yesterday. I want advice on my appeal as I had a proper paid ticket displayed, the arguement was that I had parked on a footpath! I doubt anyone's parked on this car park, but it's as temporary as you can get - NO marked bays, all gravel with a temp fence around it, cars double parked etc.

I parked where there was a break in the fence, to let people walk in and out of the car park, but there was no sign sayin do not park here, there was nothing marked on the ground. It was some paving slabs in the ground, but not raised (like a 'foot path').

I photographed the car when it was parked, the space around it (I left load to walk past), I photo-ed it when I pulled out to show it looks like a clear space in a temporary car park. I photo-ed the parking charge sign, which only said 'Park in clear marked bays' but there isn't any!!!

To make it worse - when I pulled up, the attendant guy (who later gave me a ticket) said that he 'wouldn't advise parking there as people walk past'. When I said there was no sign or bay marked not to park, he just shrugged his shoulders. He must have waited till I got out and around the corner and hit me with an unfair ticket! I bloody paid the charge for 4 bloody hours, I am fuming.

It's the usual £30 within 7, £60 14, and extra after.

When I saw him before I left, he was so coy and said I should appeal. I know why people clobber them as I was bloody tempted. The fact is, no marked bays, nothing to say don't park there - nothing on the sign to say do not park in front of the opening etc.

What does everyone think?? I need to send the appeal within 7 days (from 1st October 07), but I really think I am actually in the right 100%.

I have photos - do I send the email stating no marked bays, no sign saying don't park, nothing on the pay machine sign, and no footpath, as within a temporary car park?? I have seen people saying here that they were not driving, but I feel my case is different as I was within their stupid rules and a job's worth did that.

Help urgently, I have never been fined before, as I tend to break a gut to stay within the rules!

Aaron

Ps - can I add photos here??

[Aarond]

Sorry,

What I forgot to say was there was about 9 paving stones laid in the carpark with the entrance - which was about 4-5 feet wide by about 4-5 feet. My car was parked on 1 and half of the slabs, which were not raised at all, and as it was a gravel temp car park it really looks like a space beside the opening in the fence!

[jojo.1984]

Hi

I received a parking notice for parking on a small retail park once the shops had closed. UKPC must of only just started operating there because i always park there and this has never happened before.

When i seen the ticket i looked for signs and i noticed them, it said the usaul max stay 2 hours, no parking out of hours etc.

so i looked for signs with the times on the signs were so small with the times and not in clear to see in the dark or day in fact but at the end it said the barriers will be down when the car park is closed. well obviously they were not down because i would never of got on the carpark if they were!!

I have wrote to UKPC appealing with my car but they have said i have to pay and i have another 14 days to pay the 45 fine then today the day after receiving that letter i have got a final demand of 90!!!

any advice on what i should do?

thanks

[mnaseer]

Hi thanx for the great effort you people make out of goodwill to help others, Can you tell me the letter I have recived from AS AECURI T is illegal or not the letter is headed Parking Chatge Notce (PCN) V**** in brackets! the rest of the letter only indicates PCN.

[triumffan]

Hi and thanks for all of the excellent advice I've been given on this matter.
I lease a car from a well respected leasing company. They are the registered owner of the vehicle and I am the keeper.
On 12th. October I received an invoice from them for a "Fine Administration Fee" along with a photocopy of the front page of a Parking charge from UKPC.
The parking charge alleges that my vehicle was parked in contravention of their regulations at faraday retail Park, Coatbridge on 26/09/07 and thanks to your advice I will deal with this accordingly.
However as the leasing company are registered owners, UKPC sent the Parking charge to them. Daimler Chrysler finance (Oops...I mean the well respected leasing company!!) replied to UKPC identifying me as the keeper of the vehicle and have sent me the Fine Administration Fee of £25.00 + VAT for the privelege.
I fully understand that under the Road traffic Act they would be required to supply my details to the police or local authority, but are they correct in supplying my details to an unsolicited third party, in this case UKPC, without contacting me first and does this contravene Data Protection regulations?
To be fair to the well respected leasing company I have contacted them and when I explained the circumstances, the person I spoke to sounded genuinley sympathetic and I am hopeful that they will waive the fee.
My point is that I am sure I am not the only one who has fallen foul of the "Fine Administration Fee" because of UKPCs unorthodox way of dealing with their parking charges. I'm sure that there are plenty of owners out there who lease thier vehicle and if we all complain to the leasing company when they pass our details to unsolicited third parties then the message might get through to UKPC.

[mnaseer]

Hi Triumffan I was also in a hire car and my details were given to the parking company! but I was not charged for this hence I did not make an issue of this, you can! as you are right under the Data Protection Act act it illegal for anyone to disclose your details without your conscent !!! THIS IS A CLEAR BREACH as you said onnly the police or local authority are excempt!! NOT ANY PRIVATE companies as they could quite easily be selling your details!! so if they dont waive the fee you know what to do!!

[Aarond]

Even better - my Mum's boss' husband (Long route) is a solicitor and he hates this ***t which happens. He gave me a legally worded letter to send, all the right stuff "Don't present T&Cs readily available", "Didn't have ANY marked bays", "Didn't have sign saying don't park" and that it was against contract and legal stuff (I didn't put this in email!! was properly worded).

Alas - today they have asked for the £30 again, or they will charge £100 (by 18th Nov). They are slipping to 18th, but original DLine was 3rd! I think they are just chancers, but to hell I am brow beaten and tempted to pay it to tell them to pi** off. May write a 2010 dated cheque!

[perky88]

I have posted a seperate message on the forum, below is the link - but private parking tickets are 100% enforcenable as long as they are issued correctly, the signage adequate/clear and the charges fair (subjective argument maybe).

Private Companies will NOT (unless they are stupid) claim for tresspass as damaged will be nil, they will not claim for loss of profit (especially for overstay in free carpark) - they will always claim for a set charge as on the signage.

I am not condoning actions of some companies who 'trap' people, unfairly treat people ... but in the situations where a ticket is issued correclty, signage is up etc.. please be under no illusions that courts do award to the ticketing companies.

How many companies take it all the way ... cost/time .. thats a different matter - not many I suspect but some do.

The link below is a judgement request that someone asked as they didnt beleive us about enforcing tickets/legality ...


http://www.consumeractiongroup.co.uk...-straight.html

[garybaldy]

Hi, recently recieved a ticket via UKPC, but after seeing the details about the BPA Initiative to End Rogue Ticketing, i thought that i wouldnt receive anything based upon the view that the DVLA would only give out info to the BPA as they are the only member. I have loooked at UKPC website and they indicate that they are a member, therfore the DVLA readily give out info. It kind of makes a mockery of the initiative.

[lizzie51]

Hi. Wonder if you can help. My friend (and driver) has just received a demand for £345 from a debt-collection agency (Credit Resource Solutions). All it says is
"Debt Outstanding £345.
Your account BPM....(with her car registration number at the end.)
"We are instructed by BPM Ground Services Ltd in connection with your outstanding debt of £345.00. This debt relates to a parking ticket issued as follows: (her car details) Please call with your credit card details...If you fail to contact us to make arrangements to clear this debt, further action may be taken against you"
This is the first she was aware of any debt - no parking ticket having been issued ever. She has no account with BPM. On telephoning the agency she learned that two incidents occurred in a car park at Brent Cross South Shopping Centre (a private car park)about 12 and 11 months ago because she overstayed the apparent 3 hours limit. No details of another two occasions could be given unless she pays £25 for each incident.
The car park was taken over in the summer and now has clear signs, which I noticed immediately when I visited in July. Therefore on that occasion we only stayed within the limited time, which we would have done in December when we first apparently ignored the limit if we'd known.
I feel somewhat responsible, as I was a passenger both times. I am disabled and so usually get a friend to take me shopping. I'm always careful to put my blue badge on the windscreen and to check the parking rules in a car park, if I can get to them. I am sure that the signs were not easily apparent when these debts were incurred. On one occasion there were three of us in the car and none of us saw them. Possibly, because we used a disabled parking bay, which has a different sign about not parking without a valid blue badge, the signage was poor for those bays.
Unfortunately we cannot prove the signage was poor as since the car park has been taken over, signs are now prominent.
However, it seems to me wrong that a debt-collection agency can threaten my friend with 'further action', putting her in fear of court and possible inclusion on a debt register.
I have advised her that I don't think a court would think the debt agency had behaved reasonably, or that a 11-month interval between the breach of contract and demand for money (therefore enabling 3 more visits in ignorance of the terms of the car park) is reasonable, but she is frightened of legal action.
As I feel somewhat responsible, what do you advise?

[Muggerbee]

Lizzie

If you read Petes' wonderful piece of work at the start of this thread it should tell you all you need to know, however I would suggest that you post this question as a new post in the main section of the forum.

Please be aware that there is a sizeable group of people posting here that are for some strange reason very "pro" private parking companies so you
will need to rely on your wits to see who gives meaningful advice.

On the plus side, i don't think you have much to worry about as this appears at face value to be a text book case.

[Vix3N]

Hi there

Ive been reading thru this thread and just wanted to clarify the best course of action for me in response to the terse letters being sent to me on behalf of Euro Car Parks by Control Account Credit Management.

I am now in reciept of letters addressed to me the RK with an a/c number and my vehicle reg etc. I originally recieved a ticket on my vehicle after parking for 4 mins in a disabled bay at Tesco, whilst using the cashpoint the bay was near to. I dont usually park in disabled bays but i have a large van, the car park was busy, i literally just needed to use the cash point and this bay was the only one i could fit into, which happened to be very close to where i was going to be parked for all of a few mins.

So, anyway the letters i have been ignoring, partly because i have been out of the country for 3 months and partly because I am unsure how to proceed (I don't want to pay thier fine), are now threatening to commence 'Litigation and to Obtain a Judgement against me'.

In light of other info in this thread should I just write back that i was not the driver etc ?

Many thanks!

[Muggerbee]

Vix3n

if you have a careful read of the post at the top here, you'll get a good understanding of the way these companies work.

The process is a well documented formula of scare and harass designed
to coerce you into paying something you do not have to.

If you follow bernie the bolts letter recommendations in his sticky you
cannot go far wrong.

I would caution you, however that there are a few members here that appear to condone the actions of these "organisations" so you may well receive some "advice" that is not very helpful to you.

In short, dont pay, don't help them and stick to the tried and tested formula and you should come out smiling.

Also, post this as a seperate thread in the main forum and we'll see what can be done to assist.

Good luck

[Vix3N]

Thanks Very much - will send letter.

[prettykitty]

You are a flippin' diamond geezer mate - this is all brilliant - THANK YOU so much...