Private Parking Fine - I have the ticket

[mmakov]

Hi all,

 

My post is with regards to receiving a fine from a private company when the ticket has been purchased. The ticket is from CPS Plus and the car was parked in a train station car park. Someone else told me they had this happen to them and appealed saying their ticket fell onto the floor but was face up and therefore displayed, and the fine was dropped.

 

First of all what is the law on where the ticket should be displayed, or is that completely dependant on the company who issues the ticket / the terms according to the property owner?

 

Second, do these companies take photos of the car and could this prove indefinitely if the ticket was or was not displayed?

 

Lastly, would I be better off appealing using the ticket as proof (does the benifit of the doubt go to the private company) or would the template approach as per the stickied thread in this forum be the more reliable option?

 

I would appreciate any information so thanks in advance

Edited July 2, 2009 by mmakov

[dx100uk]

totally ignore them

you did not sign a contract upon parking.

their 'invoice' has no legal standing.

 

do some reading in this forum:D

 

dx

[wheelergeezer]

There is NO appeal. Evera tried appealing about your Tesco's till bill? Ever tried appealing your gas bill? Same success rate. NIL.

 

IF you send in an appeal I can 100% guarantee it will be refused. You will however then have identified who the driver was - You!

 

Ignore them. And read this forum.

[mmakov]

Ok I have read some threads and it seems these companies are rogue companies that do not have a leg to stand on.

 

The company is PC Plus and the car park was at a railway, why would such large organisations use private companies, because that is their only option?

Edited July 2, 2009 by mmakov

[wheelergeezer]

At a railway is NOT the same. Were you in a Railway car park?

[Neek1]

Ignore

[mmakov]

At a railway is NOT the same. Were you in a Railway car park?

 

Yes it was in a station car park.

[lamma]

that is not a response to the question asked. does the ticket mention Railway Bylaws ? many do but are fraudulent.

[mmakov]

I'm not sure how that isn't an answer to the question asked, he asked if it was in a railway car park, which it was so I answered yes. Railway / train station - same thing right?

 

I will check the ticket when I get hom and post the info. Thanks for the replies so far.

[lamma]

its in the nouns. A station and a railway are very different things. Station car park - car park located next to a station. Railway car park - car park owned by the Railway company

[mmakov]

I'm assuming the railway own the car park seeing as I bought the parking ticket from them. Also on the CP Plus website they advertise the fact that they monitor car parks for this particular railway company.

Edited July 2, 2009 by mmakov

[mmakov]

I've made a big correction to my original post, the company is actually CP Plus. Here is the ticket:

 

 

 

 

Here are the signs at the car park:

 

[lamma]

they claim Bylaws and contract ! buffoons ! fraud I think.

[mmakov]

So do you think I should pay, appeal or ignore it?

[crem]

Ignore

[mmakov]

Ignore

 

So the car park being owned by the railway doesn't change things? wheelergeezer said it's not the same at a railway, so still not sure

[dx100uk]

the search bar above always seems to find the answers:

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/200733-ncp-railway-car-park.html

 

dx

[sorrylittlelot]

Parking companies, man I'd love to kick them in the willy

[sorrylittlelot]

That is just my opinion and I am not advising you to follow this course of action mmakov

[mmakov]

the search bar above always seems to find the answers:

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/200733-ncp-railway-car-park.html

 

dx

 

I have read that thread and some others but seems a few of the regular posters often start disagreeing about byelaws which leaves me unsure.

 

When does a byelaw actually have an effect, when the railway company issue the fine themselves or when the private company are legally permitted to enforce the law?

[pin1onu]

I have read that thread and some others but seems a few of the regular posters often start disagreeing about byelaws which leaves me unsure.

 

When does a byelaw actually have an effect, when the railway company issue the fine themselves or when the private company are legally permitted to enforce the law?

It depends on the rights given by the authorising body (usually Network Rail). Any PPC would have to demonstrate that they were acting as agents.

 

Whoever is enforcing would not be able to claim any money from the motorist. Any breach of the byelaws should be dealt with by the magistrates court and the fines would go the court. You do get the situation with Fixed Penalty Notice being issued for travelling without a valid ticket. As with all FPN's it is a conditional offer,o ffered in lieu of going to court. The rail companies have been known to not offer this to repeat offenders.

 

Given that the PPCs are seeking contractural damages rather than seeking to report the matter to the magistrates, you can infer there is no agency agreement in effect.

[mmakov]

they claim Bylaws and contract ! buffoons ! fraud I think.

 

I can't tell if this is serious or sarcasm

 

It depends on the rights given by the authorising body (usually Network Rail). Any PPC would have to demonstrate that they were acting as agents.

 

Whoever is enforcing would not be able to claim any money from the motorist. Any breach of the byelaws should be dealt with by the magistrates court and the fines would go the court. You do get the situation with Fixed Penalty Notice being issued for travelling without a valid ticket. As with all FPN's it is a conditional offer,o ffered in lieu of going to court. The rail companies have been known to not offer this to repeat offenders.

 

Given that the PPCs are seeking contractural damages rather than seeking to report the matter to the magistrates, you can infer there is no agency agreement in effect.

 

Sorry if I mistake this. So if the PPC was enforcing the Byelaw they would state this on the ticket, but since they are claiming contractural damages I can assume they are not in a legal position to enforce the Byelaw?

 

Is the ticket conclusive when making that observation? Would asking the ticket office at the railway help, or should I avoid tha?

[lamma]

private companies cannot 'enforce the law'. real bylaw tickets go to magistrate's court, and do not lie in civil contract claims. NCP (and others) are well known for perpetrating this deception. real bylaw tickets do get issued but are quite rare. always need to see the ticket to be able to distinguish.

[Michael Browne]

Irrespective of the enforcement framework under which the ticket is issued, payment should always be made in the first instance if you admit the contravention took place. You can they make use of the relevant companies appeals process.

You'll really have to do better than that!!!

[mmakov]

private companies cannot 'enforce the law'. real bylaw tickets go to magistrate's court, and do not lie in civil contract claims. NCP (and others) are well known for perpetrating this deception. real bylaw tickets do get issued but are quite rare. always need to see the ticket to be able to distinguish.

 

So a railway can put signs up talking about byelaws but unless a byelaw ticket is issued, it doesn't apply? Or will I only know what applies if I ignore it and get a letter through talking about magistrate's court?

 

Irrespective of the enforcement framework under which the ticket is issued, payment should always be made in the first instance if you admit the contravention took place. You can they make use of the relevant companies appeals process.

 

So you think I should pay it, even thought I paid for parking? It could have quite easily fell off, I'd be in the exact same situation. I don't care for morals when the "discounted" fee is £45, it's absolute robery.