Those scamming private parking companies

[dzv9s7]

Hi - i'm new to this forum so any assistance would be greatly appreciated.

 

I work as a Taxi driver and i had just dropped someone and was waiting to pick someone else up. I was waiting in a private car park where there were signs that any unauthorised parking would recieve a fine, however the engine was running and i was sitting in the drivers side. The carpark was for staff only and therefore had no ticket option. Three minutes later i get a knock on the window for an un-uniformed individual and a PCN was thrown through the window and the individual drove off. The ticket had 10.45 on it however he gave it to me at 10.48. Essentially what's happened is he's seen me waiting and wrote the ticket in his car (which was also unmarked) because he would have known if he wrote it at my car I would have drove off - hence the 3 minute difference. The ticket was for a £90 fine.

 

Are there any rules governing how the ticket should be produced?

For eg should he write the PCN at the car? Should the time on the PCN be exactly the time i recieved the PCN? Should he be in uniform? How is parked defined? In my view sitting in a car with the engine running cannot be claimed as parked!

 

I understand the general concept that Contract rules govern the relationship between myself and the parking company and if I argue the case (which I will) the company can only claim for any losses that they have actually accrued which in my view are none because there were other spaces available but is this scenario different because the fact that the car park was for staff only and therefore i was unauthorised to park - i.e. could they claim trespass? Even in this situation I still wouldn't consider myself as parked.

 

Any advice or assistance would be greatly appreciated.

[Michael Browne]

These two threads should explain everything:

Parking Tickets - Private: Everything You Need to Know

http://www.consumeractiongroup.c o....s-charges.html

Parking Tickets - Private: Template Letters

http://www.consumeractiongroup.c o....-template.html

[Barnsley Boy]

I urge you to read and study the links that MB has posted.

 

These private tickets are a [problem] pure and simple.

 

"potted" version below:

 

You have not committed any offence and you’ve been ticketed by a private company whose tickets have no status unless a case is brought at the expense of the issuer in a civil court. Under no circumstances get involved in any so-called "appeals procedure".

The "charge" is alleged under contract law. Despite what they may call it, what you have is an "invoice" (a decidedly dodgy one at that) from a private parking company who allege you have breached their terms and conditions by failing to park in accordance with their rules. The ticket is not backed up by statute, unlike those issued by councils and police.

The “ticket” is virtually unenforceable and the truth is that the Parking Company will probably not even try to enforce it by legal action. Instead they will use debt collectors who will threaten references to credit agencies, personal visits by bailiffs and removal of property. These threats have no foundation. The reality is they would need to bring civil litigation in the county court against the driver and prove a breach of prominently displayed terms and conditions. They will go to the DVLA to identify the registered keeper of the vehicle but you have no responsibility to tell them who was driving (even if it was you) and enforcement can only take place against the driver. These cases are largely dealt with by threats and bluster rather than any real action on the basis that most people pay up to avoid hassle.

Don’t be a mug – stand firm don’t be bullied.