Kent Parking Services

[luke123456]

Hi guys,

 

KENT PARKING SERVICES fined 2 of my mates just over a year ago for parking in private land, where a permit is required (NHS Land). The PCN is not that technical but states that photographical evidence was taken and the fine was something like £85 (So £85 X 2).

 

They had 7 days to pay, they forgot and so rang up and the guy was like if I receive it tomoroow it is OK if not I will send baliffs round immediately bla bla.

 

Having been on this forum I have come to relasie this can be a [problem].

I looked up their website last year at the time and it was a load of crappy, it was a shabby website looked so crap. I looked now and they have amde it look so professional.

 

My mate paid for both fines with one cheque, and he asked for a receipt and it was not sent. He then asked again and it still was not sent and so they have no receipt to say they paid.

 

What do you guys think?

 

Cheers

[Conniff]

The first part is definately a [problem] - only courts can send bailiffs around.

 

Your mate does have a receipt in the form of his bank statement.

[pin1onu]

The first part is definately a [problem] - only courts can send bailiffs around.

 

Your mate does have a receipt in the form of his bank statement.

Sounds like a total [problem]. Typical PPC.

 

In theory your mates could make a claim for restitution against these idiots on the ground that this is an un-enforcable penalty charge.

 

First step would be to write to them giving them the option to pay. The next is file proceedings at the County Court for the amounts involved. Obviously you need to give a reasonable amount of time for them to pay up (14 -21 days) before filing.

[luke123456]

So do I write and say in connection with this PCN which I paid for over a year ago......I want my money back. On what basis??

 

Shall I show you a copy of this PCN?

[pin1onu]

So do I write and say in connection with this PCN which I paid for over a year ago......I want my money back. On what basis??

 

Shall I show you a copy of this PCN?

 

Essentially you would need to say that you paid the money in good faith in belief that the amount was legal. You now have advice that the amount involved does not constitute damages but was in fact an illegal penalty charge. Cite Dunlop Pneumatic Tyre Co. Ltd. v. New Garage and Motor Co. Ltd. (1915) as a reference.

 

 

If there is any charge for the car park then their damages would be the daily amount at the time and anything over and above that would be a penalty.

 

The Private Parking Charges Guide also raises some excellent arguments that would also provide basis for a claim. Unfair Contract Terms etc.

 

You could conceivably add on interest for the time they have held your money (normally the courts allow 8% pa.).

 

Give them 14 days to pay. If they don't respond give them another letter giving a further 7 days grace and then file a claim the MCOL (Money Claim Online). Send everything recorded delivery to the registered office of the business.

 

The timer runs once they have received the letter.

 

I can't guarantee you'll win if you go to court but I'd say you'd have a fair chance. Certainly some of the legal experts would help you prepare a case.

[luke123456]

Thanks for that, but i do not understand the following;

 

''If there is any charge for the car park then their damages would be the daily amount at the time and anything over and above that would be a penalty.''

 

What do you mean?

 

Thanks

[Mossycat]

The amount they are entitled to is whatever they charge per day to park there so if it's £5 per day and you got asked to pay £85 then £5 would be the damages that they are entitled to (think of damages as loss, as in loss of revenue) and anything over and above this daily rate would be a penalty that YOU DO NOT HAVE TO PAY.

 

Mossycat

[luke123456]

Why do I nto have to pay it? I am just askign what makes it illegal?

 

I will scan in the PCN for you to see.

[Mossycat]

Private parking is a contract between the driver of the vehicle at the time of parking and the land owner (or their agents). They agree to let you park there you accept their charges, you agree to pay for that and park there.

 

You have a contract with them, however some private parking companies apply a disproportionate fee when you overstay or otherwise infringe their rules, this is what you do not have to pay because of a long standing case (Dunlop). What they are asking for by way of the penalty charge (in this case £85) is unenforceable and laughable, they know if it goes to Court they will lose (see Excel parking threads) so they rely on people paying up out of ignorance or fear (usually of their empty threats or because they made their documentation look legal or sound legal).

 

You only owe them what it would have cost you to park there in the first place and nothing else.

 

Read pin1onu's advice and follow that if you want your money back

 

Mossycat

[luke123456]

Is there a template letter I can find guys please. I really need your help this was for £150.

 

Shall i scan the PCN for you?

 

TThanks a lot

[luke123456]

bump plz

[Al27]

Scan it in by all means.

 

You don't need to write a letter though - just ignore them completely.

[luke123456]

AL27 if you read above, you will see that my mates have already paid £170!! lol.

 

So now it is a case of claiming back all the money...

 

I will scan it asap and put it here.

 

Are there template letters for me to send?

 

thanks

[Al27]

Oops!

 

I'm not sure there's a template, but seeing the PCN and signage would be useful.

 

Bear in mind this is merely a hoop you have to jump through - you need to tell them to refund you within 7 days or you will go to court. Of course, there's no chance they'll refund you, but you need to start the ball rolling with a letter before action.