Private Parking Tickets - General discussion points

[Nitwit]

APOLOGIES! No I'm not taking the P***, but I do have a problem reading!

[filthysurfer]

I think this sticky should be locked with a polite notice/edit placed at both ends.

[Conniff]

APOLOGIES! No I'm not taking the P***, but I do have a problem reading!

 

Then my apologies, but can't you see what you are being advised?

 

The driver of your car, (and only the driver), parked in a carpark that is administered by a private parking company. The parking company should place signs in very prominent positions around the entrance that cannot be missed and easily read by anyone entering the carpark.

If you did not see these signs, then they are not prominently placed.

 

The driver of the car, (if he saw the signs), has made a contract with the parking company. If the driver then overstays, he has breached that contract. The law of contract says that you can only recover any losses, so if the carpark is free, then they have not made any loss.

 

Anything they try to get you to pay is a penalty and not legally enforceable.

 

That is why the advice is always to ignore any letters. You will get nowhere by writing to them. They have NO appeals process, and hope that you have no idea of the regulations and will pay their demand. It has been classed as a mail [problem] just like the emails that come from Nigeria.

 

I hope that has given you a better understanding of how it all works.

[purplehavana]

This is valuable advice. I think we all get the opinion that writing to the PPC's is not advised and I really am not stupid enough to think that my writing to them will change anything. It is merely for my own peace of mind that i have attempted to do something. I just wanted to add that I have only written the one letter and after receiving three from them so its not like I'm reacting every time. I do not plan to keep at it, will just wait and see how far they want to go with this now. I have done it alomost as a means of trapping them into looking unreasonable, which no doubt they will live up to.

 

There seems to be alot of anger from some people on site and i can completly understand why but just take care not to direct this at the worried people loooking for advice. Barking "do nothing or you're a fool!" doesn't really help. Arming people with advice on the various legal issues is more useful.

 

I would like to know if anyone is aware of a case that has gone as far as court and where the "accused" has ended up having to pay an unreasonable fee.

 

Facts are much more conclusive and maybe more suitably immotive.

[mightymouse_69]

The advice on this thread questions the "respond or ignore completely" debate:

 

My only slight reservation about this is that in the remote possibility of a case being argued in court, would a failure to respond be presented by the claimant and accepted by the court as the actions of an unreasonable person? Would this then count against you?

 

It really comes down to how you, personally, see the risk and whether you are prepared to run the risk.

 

If you are not comfortable to ignore all communications and are not happy with running the risk I outlined above then the templates are possibly for you.

 

I do not think you have made things worse - you have possibly opened yourself up to some more correspondence from the PPC though.

[mightymouse_69]

 

I would like to know if anyone is aware of a case that has gone as far as court and where the "accused" has ended up having to pay an unreasonable fee.

 

 

Yes it has happened.

 

It is unclear why though.

[Conniff]

Yes it has happened.

 

It is unclear why though.

 

Because if they went to the court to defend, they never had the evidence of the signs not being how they should or in the wrong place and they never explained to the judge the law of contract and the illegality of penalty charges for the same.

 

Also, unless these signs say you will be sent a bill for £250 (or whatever), they cannot be part of the contract and again are penalties.

[Markrg]

Looks like I fell for it - but is there anything I can do?

 

I met a colleague from work at the Exeter Services carpark back on the 8th of JUne. I had to leave my car there while we travelled to a meeting near reading for the day. The signs in the carpark gave me a number to call inorder to pay for parking by credit card. I made several attempts to do this. Sometimes the number wouldn't connect, other times a recorded message informed me that the card was invalid. Not true, it's a good card that I continue to use.

 

Running out of time we left my car in the carpark and I called my office, gave them the details and asked them to pay the parking fee. They tried but also couldn't get through. Finally, when they got past the automated system and spoke to a human being (remember those things?) they were asked for a sign number. Apparently it wasn't enough to know which carpark and the registration number of my vehicle - they wanted to know which sign it was parked by. So - the office didn't pay.

 

Later in the day I returned and noted that there weren't any tickets on the vehicle and, even better, it wasn't clamped. I assumed it hadn't been checked.

 

Two weeks later I received the demands for £50 with threats that if I didn't pay within 7 days, it would go up to £80. I don't have much and can't affort the fee but paid it anyway by credit because I figured £50 you haven't got is better than £80.

 

I shouldn't have paid these cowboys a penny so my question is this: can I get the money back and of so, how?

[letshelp]

I shouldn't have paid these cowboys a penny so my question is this: can I get the money back and of so, how?

I think you will have to put this one down as a loss, but at least you know for next time.

regards

[Markrg]

Yep - that's what I thought.

[sam58]

hello there

I made representation to a pcn which is denied do I loose the right to pay reduce payment

[DBC]

hello there

I made representation to a pcn which is denied do I loose the right to pay reduce payment

 

Is this a private parking ticket or one issued by a council? If the latter then this is the wrong thread.

[sam58]

It is issued by a council

[unhappymum]

hi, someone borrowed my car while i was had a number of guests and parked in a harbour commissions car park where they unfortunately got a parking fine from armtrac as the ticket that they bought had expired by 15minutes. I am not sure who borrowd the car as noone told me that they had got a fine and tit wasnt until i recieved a notice through the post saying that i owed 80 pounds for having parked without a valid ticket that i knew about it. I wrote back to say that i was unaware and therefore could not see how i had breached the contract that they suggested i had breached, and informed them of the circumstances. They still insist that i owe this money, but have now involved relentless debt collectors and are threatening me with court if i do not pay 92 pounds within 7 days. can you tell me where i stand legally with this please

[kiptower]

already posted a reply for you on the other post you created its a [problem] invoice , take a little time to read about PPC's and you will see how they run the [problem]

 

reply to that one was

 

its not a real parking ticket its a [problem] invoice there is another thread telling you how these [problematic] work

 

ignore their junk mail because that is all it is

 

seach for harbour commissions on the forum you should be able to find the thread

 

one thread here already same place

 

http://www.consumeractiongroup.co.uk...5-armtrac.html

 

remember it is NOT A FINE nor a PENALTY a private parking company cannot lawfully issue a fine , as said @ the start its a [problem] INVOICE

Edited August 2, 2010 by kiptower

[letshelp]

They still insist that i owe this money,

 

Well they would it is part of the [problem].

 

but have now involved relentless debt collectors

 

For relentless read desperate, a debt collector has absolutely no powers whatsoever, do what most on here do just laugh at their silly letters.

 

and are threatening me with court if i do not pay 92 pounds within 7 days.

 

If they could take you to court they would, why do you think they limit themselves to silly threats?

 

can you tell me where i stand legally with this please

 

The word 'legal' and ppc's should never appear in the same sentence.

 

regards

[hovercraft]

A while ago I also got a [problem] parking ticket, which I ignored. But as a company vehicle they chased the lease company, who chased me, I gave them my address and told them to pass it, and a letter (an excellent template on this forum) onto the [problematic], and I'll deal with them direct.

 

But the lease company paid it, and my company has taken the money from my overtime payment, without informing me. I'm mad to say the least! But do I have any redress, assuming I want to keep my job?

[lamma]

what does the lease say exactly about these things ?

 

what does your contract of employment say about these deductions ?

[hovercraft]

still awaiting the lease, they're stalling.

 

contract of employment is very vague, trying to get it clarified.

 

Thanks

[Eternal pessimist]

I have just read the whole thread funniest thing i have read for ages.You guys are top notch KEEP UP THE GOOD WORK.

Anyway my reason for reading the thread my son passed his driving test on Friday and i let him take my car to his part time job in a large supermarket 5-10pm,He parked in the supermarkets car park and lo and behold got a ticket which he was just going to pay without telling me (£30 charge i think he earned just over this for his shift).

I was having a few in my local 5 miles away when the ticket was issued mainly to sooth the stress of my son driving my car unsupervised so soon after passing his test and have witnesses i was not driving so on the advise of crem, lamma,letshelp and all you other guys i intend to ignore ignore and ignore again

cheers

[Eternal pessimist]

Just read my thread too busy rambling that i forgot to say thank you which was the reason i logged in so THANKS

[crem]

I was having a few in my local 5 miles away when the ticket was issued mainly to sooth the stress of my son driving my car unsupervised so soon after passing his test and have witnesses i was not driving so on the advise of crem, lamma,letshelp and all you other guys i intend to ignore ignore and ignore again

cheers

 

I hope next time you're in your local you make sure all your drinking buddies know how the [problem] works too.

[abex30]

Hi Bernie, I am new to this forum so please forgive me if this type of situation has been discussed many times before. My wife uses a private carpark every day, which costs £1 per hour to use, early this year she registered with the company who owns the carpark giving her full details including bank account etc. The carpark runs a registration recognition system and due to this my wife believed the parking costs would automatically be deducted from her account.

Anyhow to cut a long story short we have recently came back from holiday to find 10 Parking charge notices and they are growing by the day! Fines are £30 each if paid within 28 days, £60 thereafter, with 10 days to appeal. Where does my wife stand with respect to paying these charges? Do we contact the company(Parkfair) to discuss the mix up or ignore these notices? Any advice would be most welcome as my wife is most anxious to say the least. Many thanks Alex

[GuidoT]

Welcome Abex 30 to CAG, as I think you know just ignore them.

 

They rely on people paying through ignorance of the law and fear.

[lamma]

No need to contact them at all. In fact that woukld be playing along with the [problem].

Ignore them. Believe me its very easy.