Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default parking ticket on private area

    Hi,

    I have recently got a ticket for parking behind some shops.

    The area i parked in belongs to the shops and it does say park at own risk and we may clamp your car and a £50 release is applicable.

    However the council have put a ticket on my car when it is not owned or governed by them. They are chargin me £80 with no reduced amount. I confirmed with another parking attendant prior to this offence and she confirmed it is private area.

    I have 7 days to respond and am getting a little worried.

    Any help would be great.

    Thanks
    Adam

    Similar Threads:

  2. #2
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    Default Re: parking ticket on private area

    Quote Originally Posted by k0r54 View Post
    Hi,

    I have recently got a ticket for parking behind some shops.

    The area i parked in belongs to the shops and it does say park at own risk and we may clamp your car and a £50 release is applicable.

    However the council have put a ticket on my car when it is not owned or governed by them. They are chargin me £80 with no reduced amount. I confirmed with another parking attendant prior to this offence and she confirmed it is private area.

    I have 7 days to respond and am getting a little worried.

    Any help would be great.

    Thanks
    Adam
    Have a read of this thread.
    http://www.consumeractiongroup.co.uk...Parking+ticket






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

  3. #3
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    Default Re: parking ticket on private area

    Many thanks,

    Im sorry to have lead u up the wrong way but it is not the council.

    I read the ticket more thoroughly and it looks as though it is from the Vehicle Control Services.

    This is an extortionate amount and I cannot afford to pay £80.00 for a fine when I was actually using the stores (amoung others) that the property belongs to.

    Any ideas?

    Thanks
    Adam


  4. #4
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    Default Re: parking ticket on private area

    Quote Originally Posted by k0r54 View Post
    Many thanks,

    Im sorry to have lead u up the wrong way but it is not the council.

    I read the ticket more thoroughly and it looks as though it is from the Vehicle Control Services.

    This is an extortionate amount and I cannot afford to pay £80.00 for a fine when I was actually using the stores (amoung others) that the property belongs to.

    Any ideas?

    Thanks
    Adam
    Ok do they have your name and address? If not i believe they have no legal right to ask you to provide that information. Therefore they can not chase you for a debt if you do not provide the details.






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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    Default Re: parking ticket on private area

    IS that my only option, but no they dont have the details so what do I write in the letter?


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    Default Re: parking ticket on private area

    Hello, I'm new on here so I may be on the wrong bit for my question? But I hope you can help anyway.. I work for Tesco on a retail park. Behind the shops there is a staff area for parking, about 10 bays behind Tesco and a bigger area behind the rest of the shops. After about 4-6 months of working for Tescos I had a staff permit which would allow me to park behind or in front of shop (as long as I was well away from the shop) and the permit was on display. I was told I could not park in front of the other retail shops. I have been in Tesco for a year and a half now and about 6 months ago started parking at the back of the shop as my car had been damaged numerous times in the front with trolleys. Last night I finished work at 4pm (although wasnt meant to finish till 10pm), and went round to my car at the back of the store. there is a laybay behind Tescos and also a carpark to the side and behind the other retail shops. I park in there as usually all the spaces behind tescos are normally gone (only about 10 there). When I came out my car had been clamped and there was a notice on the car that I had to pay a fine of £50.00 for release. I was in tears as I felt I had done nothing wrong, this was our car park! Went back in and was told oh no we were not allowed to park in this car park - only the other shop staff!! I dod not know this. A duty manager came out wth me and contacted the company, got them to come out and remove the clamp but they said I still had to pay the £50!! Went up today as am positive there is nothin to say no Tesco staff in this car park and there isn't.In fact as you drive up to the car park behind shops it says tesco euro car parks - i took a picture of this - and I checked again today and the signs in the car park say staff car park and service area only-display a valid permit or be fined £50..nothing about clamping or Tesco staff. I had a valid permit and wasnt aware it was invalid for that area?! where do i stand? Please can anyone advise me?


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    Default Re: parking ticket on private area

    Have you actually had a letter addressed to you at your home from this company, or just a ticket on your windscreen? As far as I can make out on similar threads, a private enforcement company has no legal right to demand owner details, and the liable person would be the driver and not the owner anyway... Read around on this forum about Private Parking Enforcement companies to find out more. If you have not had a letter then I would not worry about it too much.

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    Default Re: parking ticket on private area

    sorry to say that on applying to the dvla with reasonable cause ,which to the dvla is anything they will release your details .however as in the post above it isn,t a lawful charge,i would ask for proof that the car was parked illegally and on what grounds that it had been issued


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    Red face Re: parking ticket on private area

    not sure if replies are for me or other previous posts..I had a note on driver side window and a clamp on wheel. then when took wheel off was only on understanding they gave me a breach of contract to this car park? which i had to pay £50. (had to have clamp released as work about 15 miles away and couldnt get home on Sunday at 4.40)and I was driver and owner - my problem occurs from what I think are misleading signs to the car park as my previous comments state.. i cant afford to pay the fine as only work 7.5 hours a week. sorry if you were replying to another message - wasnt sure.


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    Default Re: parking ticket on private area

    Hi lilal,
    I dont think that any private parking firm requesting details from DVLA to impose an unlawful penalty would be classed as reasonable cause. Although many Private companies employ this method in effect DVLA are breaching the Data protection act. I'm looking forward to the day that someone decides to challenge DVLA on a point of law and Breaching the D.P.A. in relation to these unlawful requests and to see what the outcome will be at Court ;-)

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  11. #11
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    Default Re: parking ticket on private area

    To be honest, I only want a easy way out of this.

    If it has to go to court then so be it ut any advice on what to write to begin with?

    Thanks
    Adam


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    Default Re: parking ticket on private area

    Quote Originally Posted by demon_x_slash View Post
    Read around on this forum about Private Parking Enforcement companies to find out more.

    Have a read, it's all there.

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  13. #13
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    Default Re: parking ticket on private area

    Thanks,

    Sorry I have been looking but am struggling to find anything of use?

    Thanks
    Adam


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    Default Re: parking ticket on private area

    Kor54

    Have a look at this forum

    FightBack Forums -> Parking Tickets

    It operates in the same way as this one but is much more about parking tickets.

    In a nut shell. by parking in the the area the parking control company will claim you have entered into a contract with them the result of which they will charge you the £80. If you do not pay it they will get your details from DVLA and send the demand to the registered keeper.

    The general feeling is they have absolutely no right to do this. The people on the above forum have gone for the dont pay them, ignore all their threats and invite them to take you to court, None of them have yet.

    good luck

    7 actions in progress

    amount refunded so far £6500

  15. #15
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    Default Re: parking ticket on private area

    Plucked a few quickly - these are people with similar situations to yours, i.e. dealing with private ticket companies. Hope you find this useful.

    http://www.consumeractiongroup.co.uk...ng-centre.html
    http://www.consumeractiongroup.co.uk...parkforce.html
    http://www.consumeractiongroup.co.uk...bp-garage.html
    http://www.consumeractiongroup.co.uk...s-illegal.html

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  16. #16
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    Default Re: parking ticket on private area

    I'm looking forward to the day that someone decides to challenge DVLA on a point of law and Breaching the D.P.A. in relation to these unlawful requests and to see what the outcome will be at Court.
    I've already sent a letter away to DVLA about these requests. Wait and see what they say.

    P.

    Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.
    MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06
    Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06
    Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.
    Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!

  17. #17
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    Default Re: parking ticket on private area

    ...when took wheel off was only on understanding they gave me a breach of contract to this car park? which i had to pay £50.
    Penalty charges for breach of contract are unlawful and are totally unenforcible at law. Their bahavior is despicable.

    ....(had to have clamp released as work about 15 miles away and couldnt get home on Sunday at 4.40)and I was driver and owner
    I have a plan in case this ever happens to me. I have no intention of paying a private clamping firm a single penny and if there is no other reasonable way to get home then I will get a taxi and bill them for the cost. If there is no other way than to pay them then I will sue them for it back though the Courts.

    - my problem occurs from what I think are misleading signs to the car park as my previous comments state.. i cant afford to pay the fine as only work 7.5 hours a week. sorry if you were replying to another message - wasnt sure.
    You have to be aware that whether there are signs or not is totally beside the point. A sign does not make such a charge enforcible. A properly worded sign will mean that you conclude a valid contract for parking with the land owner but it cannot legitimise an unlawful penalty charge.

    P.

    Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.
    MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06
    Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06
    Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.
    Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!

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    Default Re: parking ticket on private area

    I've had a similar incident involving 'National Clamps'. I was parked in my parking space at my aparment block, but my ticket had fallen off the dashboard when driving and onto the passenger seat. They clamped my car and they only way they would remove it was if I paid £82. I had no choice as had to be somewhere.

    I wrote to National Clamps enclosing my permit and they have point blank refused to refund the money.

    Is there anyway I can appeal further as National Clamps say they will not reply to any further correspondence from me ?

    Any help would be much appreciated

    Cheers

    Carl


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    Default Re: parking ticket on private area

    they are completly breaking the law. They HAVE to respond to you and if they do not have 3 letters then go straight to the financial omb. or something because they completly breaking the law.

    hope it helps


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    Default Re: parking ticket on private area

    TAZ - Take the @ out of your post or you'll be spammed by evil toothy trawlbots...no, really, honest.

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