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Private Parking Charge - should I ignore/dispute it?


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Hello

I received a 'Parking Charge Notice' from a private company a few days ago and I wonder if anyone can advise me on what to do.

 

I parked on a residential road that I thought had no parking restrictions (i had even checked the council website to make sure). My friends and I have parked there for a few weeks and never seen any parking restriction signs nor have we been ticketed.

 

When I returned to my car 1 hour later I found the ticket stuck to my windscreen in a yellow plastic wallet with 'Penalty Charge Notice' written on it. I looked around then and there are some signs detailing parking restrictions on lampposts but they are quite high up - I had not noticed them before so I dont know if they are new.

 

Inside the wallet is a Parking Charge Notice (not a penalty charge notice as the wallet indicates). It has the details of the car, the date and time and details of the 'parking contravention' on it but is not signed and a charge of £100 (£50 if paid in 14 days).

 

I do not own the car (its a hire car given to me by the insurance company as mine was written off by someone driving into the back of me).

 

Is the fact that they presented it in a Penalty Charge Notice wallet or that it is not signed relevant?

 

Should I pay up or just wait and see what happens?

 

Regards

 

Harry

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Hi sirharryflashman

 

Firstly can you post the ticket on here after removing personnal details.

Also write under the freedom of information act a letter to the council asking for a copy of the road traffic order for that road.

 

Someone here should be able to give you more info on signage I personnally have not looked at this yet.

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Inside the wallet is a Parking Charge Notice (not a penalty charge notice as the wallet indicates). It has the details of the car, the date and time and details of the 'parking contravention' on it but is not signed and a charge of £100 (£50 if paid in 14 days).

Hi Harry,

 

Firstly don't ignore this but don't pay up at this stage either.

 

A notice from for a decriminalised parking ticket issued by a council is called a "Penalty Charge Notice". It should mention the Road Traffic Act 1991 (as amended).

 

Yours doesn't. This sounds like an invoice from a private parking company. As requested above scan it, obscure your details and post it up here so it can be checked.

 

I looked around then and there are some signs detailing parking restrictions on lampposts but they are quite high up - I had not noticed them before so I dont know if they are new.

I'm basing the below on the fact they have issued you with an invoice rather than a real PCN.

 

They have signs up and will be claiming that in parking where you did you formed a contract with them and have breached the contract. They have now invoiced you for damages. As the signs are high up you could equally claim not to have seen them. It might be a good idea to get some photos - it will help your case in the unlikely event this ever comes to court.

 

You should read the guide at the top of this forum. It will explain your legal position. Click here. Also take a look at the template letters.

 

My advice to you would be to advise the hire company and your insurance company that you have been issued with a private parking invoice that you will be disputing. Make sure you specify the fact it is a private parking invoice.

 

You should check the terms of your hire agreement as you may be liable for an administration charge. It could be that you are only liable for the charge in the case of a legal notice such as PCN or Fixed Penalty Notice. If this is the case make it clear to the hire company you will not pay any administration charge for a private parking invoice. Its probably best to put it in writing.

 

If the hire company then receive an invoice from the company as the registered keeper they will probably forward it on to you as the driver. You can then follow the advice in the guide and the template letters.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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Thanks everyone.

I follow the advice given on her and contact my insurers and hir car company.

The form is definitely an invoice from a private parking company. I will scan it and post it here asap.

 

I may be getting hung up on this but does it matter that the plastic wallet they stuck it to the car in has 'Penalty Charge Notice' in big bold letters on the front of it? Isn't that some kind of false representation?

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I may be getting hung up on this but does it matter that the plastic wallet they stuck it to the car in has 'Penalty Charge Notice' in big bold letters on the front of it? Isn't that some kind of false representation?

 

You are quite right. Have a look at the end of this thread here. Its a similar theme to yours about mimicing official documents.

 

Just had a look at the images. This is definitely a private invoice. See the guide and the template letters.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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