Parking Charge Notice

[Soveliss]

I have been reading these forums for quite a while and although I think I have a fair understanding of where I stand, I would just like some confirmation.

 

I parked my car in a car park (Scotland, Ayrshire) ran by "TPS Parking Solutions", I was parked there for 2 hours 2 minutes. Two weeks later I received a parking charge notice for the sum of £45.00 (if paid within 14 days).

 

I had no knowledge of there being a time limit this car park as there were no signs at the entrance to the car park and only a few around the actual car park. However there were no signs near where I was parked, in fact for me to have pysically seen the signs I would have had to take my eyes of the road or have walked through the busy car park opposed to the path. The car park on the date was also extremely full.

 

Basically I would just like to know where I stand, should I send one of the template letters? Or should I just simply ignore it? or god forbid pay the fine?

 

I phoned my Citizens Advice Bureau and they advised me to appeal, but said that if I did not pay the fine that I could and most likely would be taken to court, which would end in me paying a lot more money.

 

Thank you in advance for taking the time to read my post, and I hope that someone can help.

 

Regards

[Al27]

Citizens Advice's phones are manned by do gooders who know sod all about anything.

 

• do not pay

• do not contact them

• there is no appeal process - nno private company will turn down profit

• ignore any threatening junkmail from them or their powerless debt collectors

• they will give up and go away

 

It's a mail [problem].

[crem]

What Al27 said.

[Soveliss]

That reply made me feel empowered hehe, this is something I want to firmly stand my ground on.

 

Just to clarify they cannot take me to court for the money or effect my credit rating can they?

[Britainsworstdriver]

Oh yes they can. You are in Scotland, the law is NOT the same as England.

[havinastella]

That reply made me feel empowered hehe, this is something I want to firmly stand my ground on.

 

Just to clarify they cannot take me to court for the money or effect my credit rating can they?

 

They can take you to Court. But with a proper defence they should not win.

 

For it to affect your credit rating, they would have to gain judgement and you not pay it.

 

There is more chance of me running to the Moon naked than both of these happening!

 

Jogs

[Soveliss]

So basically it's really not worth their time trying to take me to court?

 

Basically all they can do is pester me with letters which I can shred and phone calls I can ignore?

 

Out of curiousity what would my defense be in court? The fact that their signage was poor or what the actual law states? (Which in this instance I am not overly familiar with)

 

I am still fairly new to driving (under a year) so I will take this as a learning experience.

[Al27]

The long established remedy for breach of contract (providing a contract had been formed in the first place) is damages and the measure of the same is to put the injured party in the same position had the breach not occurred. It is trite law (Wilson v Love 1896, Dunlop Pneumatic Tyre v New Garage Motor 1915 et al) that a penalty cannot be imposed for breach of contract.

 

ie. if a car park charges £1 an hour and you stay 1 hour 10 minutes, they are owed 10 pence.

 

There's no money in this though - much more profitable to put up a signa saying "if you stay over 2 hours you agree to pay £45".

 

Of course, if that was enforceable they'd make it £10,000 and retire to the Seychelles.

 

But everything's part of the [problem] - £45 and a lot of people will pay voluntarily. It's a mail [problem] - if you can get 50% of people to pay after sending out a few threatening letters, it's a good business to be in.

 

Court isn't profitable, especially considering they haven't got a legal leg to stand on anyway.

[pin1onu]

Invariably PPC's shoot themselves in the foot with their paperwork. In the very unliklely event that these muppets take you to court it would do your case no harm to show their paperwork to the court.

 

I wouldn't shred their bumf - keep it as evidence to use against them.

[Soveliss]

Thank you all for your much helpful advice.

 

I will be ignoring all further correspondence from these [problematic].

 

Just one last question, what are your guys experience with parking tickets?

[lamma]

Thank you all for your much helpful advice.

 

I will be ignoring all further correspondence from these [problematic].

 

Just one last question, what are your guys experience with parking tickets?

 

I would say between the regulars it is abundant.

[rickyd]

I realise that this is a different company but thought this might be worth a read - Glasgow driver hit with £5k parking fine - The Sunday Mail

 

Perhaps things in Scotland are a little different, after all it was a Scottish Sherriff who ruled that clamping was illegal in Scotland in his landmark ruling in 1992 as it constituted "extortion and theft".

Edited August 3, 2009 by rickyd

[Al27]

We've yet to see the transcript of that. No idea what our Polish friend's actual defence was.

 

Also a high chance CPS are still out of pocket - they've had to pay for a solictor and some people are happy to live with a CCJ and not pay.

[rickyd]

I don't think CPS will care about the costs, for them it'll be about scoring a "victory" which they can quote as evidence that they are legal and get results.

 

Their website includes another case featuring Edinburgh University but it's was too long and detailed to includ here.

[Soveliss]

Just thought I would update you guys on what has happened.

 

I have received 2 or so more letters telling me they "may" they "could" take me to court etc but since then I have heard nothing.

 

I have also been threatend with bailiffs, but since as far as I am led to believe most bailiffs are illegal in Scotland I think this is a fairly empty threat.

[BoardinBob]

To send in a bailiff they'd have to take you to court (not going to happen), win the case (not going to happen) then you refused to pay up.

 

Continue to ignore everything.