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Hello everyone
Im new to this forum but I have just left my friends flat to find a ticket on my car!!
I was parked in the visitors bay - which did have a notice stating that you needed a visitors permit to do so (although my friend has lived there for 2.5 yrs & has never been issued or advised on how to obtain one!) I park there once or twice a week & have never had a ticket before. The ticket is for £175.25!!!! but if I pay within 14 days its reduced to ......... wait for it £99.88.
Although I appreciate that I didnt have a permit, it doesn't state ANYWHERE that the penalty is £175.25. My friend only has 1 space in the underground car park, therefore, all visitors must park in the visitors bay. It is never full & I always park within a designated bay.
The ticket states my vehicle type, colour & registration. The time I was parked there (10.30 - 10.42) & the reason for issuing the ticket (item 2 - no permit visible). Although I realise that I did not have a permit I am very angry at the amount charged. Do I have to pay this? The visitors parking is on private land which is part of the block of flats my friend lives in.
Well I was thinking that they have no idea which flat I was visiting & my friend is moving in 4 weeks.... so maybe they couldn't trace me but they do have my vehilce reg, can they trace me from that I make me pay?
I do agree that I was parked without a permit but the amount is ridiculous!! at that rate it means the parking rate is £876.25/hr
So if I shouldn't pay, what do I do if they get my details from DVLA? Do I have to pay then?
My friend has just calle me, he's spoken to a neighbour & has been told that I should call the local chap who issues the tickets, but it doesn't sound hopeful that I'll get off as no-one has so far.... Apparently another neighbour (who only moved in a few months ago) got a ticket at the weekend as they had parked outside in the visitors as they were just quickly poping home to collect something........ they have had to pay even thought they live there!!
Yes they paid because they did not seek the advice of people on this forum, do as they tell you and you won't have to pay either. it is a [problem] it is unenforceable ignore them or inform them you will inform the Police about their extortion racket, the only way they can get the money is through the court and you cannot be taken to court for a parking contravention. another way to go is you could pay it to get them off your back then claim it all back through the small claims track in the county court. I would just ignore them. they will go away because they rely on people like your neighbors ignorance for revenue.
Read this topic
Don't pay them a penny, and if they contact you tell them to take a hike.
Do not phone them up, do not write to them, do not do anything but read the advice given in the above post - this is a [problem] and an unenforceable demand for money.
Well many thanks for all your help. I'm definitely NOT going to pay them or even get in touch.
Very very grateful for your advice & I'll pass details of this site onto all my friends.
Number 4, Stygia Avenue, Hell...come in, we have beer and Pringles.
Posts
1,908
Re: Parking Ticket in a Visitors Parking Bay!!
Don't pay, read the thread, and put it all behind you. Pass this on to the 'chap who said you should phone t'other chap' too - may save him in the future.
you cannot be taken to court for a parking contravention.
Not sure where you get this idea.
For a Police issued FPN, the matter can go to Magistrates' Court
For a PA issued pcn, the matter can go to county court (actually the TEC at Northampton)
For a private ticket, the matter can go to County Court for breach of contract (it won't, but it can if the company is stupid enough)
Thanks for all the previous advice. Ive checked the pcn that they issued & it states on the back that if I only have 7 days to make a complaint in writing to them & if I fail to make payment they will take me to Court & issue a CCJ & I will be liable for all costs incurred.
Can they do this?
How can they take me to court if they dont know where I live?
How will they get my home address details?
Do they have the power to obtain these from the DVLA?
Do they have the right to get the police involved if I ignore them & refuse to pay?
I have read the link given above but I'm not exactly sure what will happen if I DO ignore them? What do I do if they write to me etc?
Thanks for all the previous advice. Ive checked the pcn that they issued & it states on the back that if I only have 7 days to make a complaint in writing to them & if I fail to make payment they will take me to Court & issue a CCJ & I will be liable for all costs incurred.
Can they do this?
How can they take me to court if they dont know where I live?
How will they get my home address details?
Do they have the power to obtain these from the DVLA?
Do they have the right to get the police involved if I ignore them & refuse to pay?
I have read the link given above but I'm not exactly sure what will happen if I DO ignore them? What do I do if they write to me etc?
The DVLA will provide them with the Registered Keeper's details for payment of a fee, but let them waste their money as it cannot benefit them AS THIS INVOICE IS UNENFORCEABLE. They cannot get the police involved for this is a civil matter, and you have broken no law. The ticket which you have received is an invoice inviting you to pay them a sum of money. It doesn't matter whether you appeal or not - the appeal will fail as they will state that for whatever reason you have parked in a residents bay without a permit and they are hoping that mention of the words Court, CCJ etc will frighten you into paying.
The fact that this is a private parking company operating on private land means that if you refuse to pay then they will send increasingly threatening letters, but the only legal redress which they have is to sue through the county court, though they simply will not do this as they could never win the case. To win they would have to prove that you knowingly entered a contract agreeing to pay £175 if you did not display a permit and that this contract was explained to you and the terms understood. They may argue that the sign is sufficient to provide details of the contract and that having read the sign you accepted those terms, but this cannot be an argument, as it cannot be proven whether you did or did not read the sign. Even if they were to try and take civil action then they could only make a claim for damages based on the actual loss caused to the landowner by your parking there. Did you really cause £175 of loss to the landowner?
Personally I would do nothing. Let them obtain your address from the DVLA if they bother to, and if so make a straightforward reply asking what grounds they have for believing that you had entered into a contract agreeing to pay the money. Post back here should it come to that and spend the time between now and then re-reading this - Read this topic - it cannot be stressed enough that the answers to all of your questions and advice on how to handle this matter are contained within!
Number 4, Stygia Avenue, Hell...come in, we have beer and Pringles.
Posts
1,908
Re: Parking Ticket in a Visitors Parking Bay!!
They are allowed to give out data if the company show 'reasonable grounds'. Very few on here believe that trying to enforce unenforcable private fines is reasonable grounds for disclosure, but... I think the fee's around £2.50 for each record, or each sheet of records.
New update
I checked the vistors car park again & noticed that new signs have been placed (well badly screwed) over the original notice which didnt mention the cost involved with parking there. Thus I used to as my friend had never been issued with any visitors parking permits. The new sign does state that the cost involved is £150 + vat = £176.25.
Does this change things?
Should I now actually pay them?
How can they prove I saw the notice or even in fact who was driving & therefore parked my vehicle?
Sort of. They are supposed to release it if the applicant demonstrates reasonable cause, but in practice, they seem to be releasing to anyone who claims it, no demonstration needed.
My advice to anyone who has had their details released is to ask the DVLA what steps were taken to ensure that cause was demonstrated to them.
Parking Ticket in a Visitors Parking Bay!!
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Originally Posted by Zamzara
I think the fee's around £2.50 for each record, or each sheet of records.
