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Another Parking Eye notice - some more info for you guys


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Chaps

 

What a helpful bunch you lot are. have read the threads below from earlier - very very helpful indeed. I was going to post a request for help but I have the info I need - JUST IGNORE IT - am i correct?

 

nothwithstanding the legality issue, Parking Eye are currently sending out PCN's which state that a reduction from £80 to £50 will be allowed if paid within 14 days.

 

This is wrong - the law clearly states we now have 21 days. As a consequence of not paying with 14 days you have to pay £80 PLUS a £30 admin fee.

 

Could anyone pass comment on the fact that some cowboy outfit ( reading the acccount in these forums ) is allowed to write to DVLA and get my or rather my wifes personal details including home address. this does not seem right.

 

pls confirm I should indeed just ignore it.

 

FYI - this is a free car park in Preston Lancs, where Blockbuster and Aldi is.

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Umm.

 

I think you're a little confused.

 

The law doesn't say you have 21 days because there isn't any law. Just as there is no law which says that you have to pay any PPC parking invoice at all or even that they have any right to issue "fines or penalties".

 

They have the right to issue invoices, requesting that you pay them, but you have the right to refuse to pay or even enter into or acknowledge correspondence.

 

The only time when you would be required to pay is if they prove in a court of law that the driver of the vehicle in question has entered into a legally binding contract (which you couldn't have, because it was a free car park) and that the driver knowingly breached said contract. But of course, they also have to prove that you were the driver.

 

I would suggest you exercise your right to ignore them completely.

Edited by RichardM
"Parking ticket" changed to get rid of annoying pop up

MBNA - Agreed to refund £970 in full without conditions. Cheque received Sat 5th Aug.:D

Lloyds - Settled for an undisclosed sum.:D

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Ok Cheers Richard.

 

Not sure whether I agree though. There is a law apparently. Although whether parking eye can enforce remains to be seen.

 

On what grounds are we saying there is no law? I am happy to go with it, I can afford to go to court and fight it. Single parents on benefits and low incomes threatened by parkin eye and other companies like it - perhaps not.

 

Department for Transport - DfT TMA 2004: The Traffic Management Act features

 

I was advised that there was a change in the "law" a year ago See quote below. Part of those changes involved increasing the time to pay from 14 days to 21 days.

 

Part 6 of the Traffic Management Act 2004

 

Changes to Part 6 of the Traffic Management Act 2004 became law in England on 31 March 2008. This means that new parking contraventions (offences) have been introduced and changes made to the way that current contraventions are enforced.

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Hi I will leave this to the more knowledgeable but as far as I am aware TMA 2004 does not apply to parking on private property, I believe only public roads and council car parks but I could be wrong.

 

dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Hi I will leave this to the more knowledgeable but as far as I am aware TMA 2004 does not apply to parking on private property, I believe only public roads and council car parks but I could be wrong.

 

dpick

You are absolutely right. The TMA 2004 is for councils and other local government bodies (e.g. TFL) running de-criminalised parking enforcement. There must accompanying signs, road markings and a Traffic Regulation Order for the section of the public highway it deals with. There are also set charges and procedures for appeals and so on.

 

It is not for private companies enforcing parking on private land.

 

Some of the grounds on which you can fight it are:

 

 

  1. Unlawful contractural penalty (same as the banks - Dunlop case 1915)
  2. Unfair terms in consumer contracts act (1977)
  3. Administration of Justice Act
  4. Fraud Act 2006
  5. Consumer Protection Act 2008

All that said the best route is to ignore these companies and their unlawful invoices. They only treat you like a hooked fish and pester you even more if you write to them.

 

If the case does end up going to court (and they rarely do) then it will be heard in the county court. You can represent yourself (no lawyer fees) and if you win you can counter claim for items such as travel costs and so on.

-------------------------------------------------------------------------------------------------------------------------------------

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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Dpick, pin1, lamma - Tremendous - thanks very much. My wife wanted me to pay it!

 

So I am clear, Parkwise, a different company to the one rasied in this thread, are enforcing parking regulations on the highways. (It is either a joint venture between the public and private sector, or a private company that Lancashire Councils have outsoucred enforcement to) And if I get a ticket on the highway, then I need to look at the regulations I quoted earlier in the thread to make sure they have not breached them e.g proceedural improprietary etc.

 

Back to these sharks conning the public - I take it they are not breaking any rules/laws and if Jo Public is stupid enough to pay them, then that is the indviduals fault. I can't help but think of single parents receiving threatening letters, and spending their entire weekly disposable income to pay these fines. Absolutely f****g scandalous.

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You just a have an invoice - an unenforceable one at that.

 

There are no laws to go with it.

 

Preston Council have either contracted out their parking enforcement to 'Parkwise' or merely started a branding exercise to make them sound all cuddly and friendly.

 

Of course, there's every chance a private company has picked up on this and are attempting to trick people into thinking they're working for the council.

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Cheers Al21 - the link below has now cleared up any ambiguity. It is just a load of councils getting together to under one banner to enforce parking regs across lancashire.

 

ParkWise - Parking Enforcement Changes in Lancashire

 

For anyone questioning the validity of PCN's, the first question we should ask ourselves is, is it a highway? or is it private land? This is where your average consumer is getting confused. Myself included.

 

Thanks to all the helpful chaps on here, I will not be responding to the letters. I have also just commissioned a very large banner to be printed advising everyone entering the carpark to ignore any PCN!:D

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You just a have an invoice - an unenforceable one at that.

 

There are no laws to go with it.

 

 

Oh yes there are - they just don't rel;ate directly to parking - more like company law, etc.

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Dpick, pin1, lamma - Tremendous - thanks very much. My wife wanted me to pay it!

 

Back to these sharks conning the public - I take it they are not breaking any rules/laws and if Jo Public is stupid enough to pay them, then that is the indviduals fault. I can't help but think of single parents receiving threatening letters, and spending their entire weekly disposable income to pay these fines. Absolutely f****g scandalous.

 

I dont think the words 'stupid' and 'fault, are appropriate here FWW. We were all ignorant of these companies at one time. These ppc's make thousands of pounds a month from people like you and I who do not know that all these charges are a [problem], and dont forget, the tickets they use are there to fool people into thinking that they are legitimate tickets.

In your first post you ask for confirmation to ignore the ticket, so you showed some doubt yourself!!! Does that make you stupid and at fault? Also, a lot of these 'stupid' people are on this forum telling others of their experiences, people like you FWW, so that you dont fall into the ppc trap. So please think before you label people with words like 'stupid'. I'm not perfect, and I'm sure you aren't either. jed

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