Central Ticketing - what next?

[BhamLawStudent]

I received a parking ticket on the 23/04/09 for parking at a FREE car park for 4 hrs 43mins when there was a maximum stay of 4hrs. Letter attached:

 

• There was insufficient signage
  

The car park in question has no clear signage to explain what the relevant parking restrictions are. The sign at the entrance to the car park where I entered contains very small writing. In order to read this it would be necessary to stop the car and get out, however, this is not possible as cars are not allowed to stop at the entrance. The signs within the car park are positioned in places where they are unreadable as they are facing out towards the road and are very high. Again, the writing on these is illegible without stopping which cannot be done as there are double yellow lines.

There are several turnings into lanes of parking bays, I took the first turning. Unfortunately the sign stating maximum stay of 4 hours was sited after this turning. There was no sign near where I parked other than a warning about parking in disabled bays.

The only other signs are positioned at the opposite end of the lanes to where I parked, but are inbetween two bays facing inwards, thus when cars are parked in these bays the sign cannot be read.

As this is a car park the signs should be legible from the car not just by foot, which they are not at One Stop Shopping Centre.

The Private Parking Company (PPC) must make the terms clear to the user of the car park. Therefore they are obliged to place ample and appropriate signage about the car park to make those persons using the facilities aware of the terms. The signs must be clear and unambiguous and it cannot be obscured, faded, covered up or in any way difficult or impossible to read and understand.

Due to the above, it cannot be said that I agreed to the terms laid out in these ill-positioned signs as the only time I would be able to accept these would be by foot after I have parked, therefore, as under the authority of Olley v Marlborough Court Ltd [1949] 1 KB 532 these terms were not incorporated as the contract was made by my conduct of entering the car park.

This means no contract can be formed with the landowner and all tickets are issued illegally. Please see attached evidence, which are photographs of the signs therefore I have gathered as proof.

If you choose to pursue me for this fine please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

 

I heard nothing from them until end of July. They sent a letter saying they reject my appeal and to pay £60 in 10days of the letter or debt collectors will be sent round then court action.

 

How far can I push this without risking court? I do not want to pay this and I shouldn't have to its a joke! As a student I don't live at the registered address so good luck to the debt collectors.

 

But what can they do legally?

[lamma]

No need to worry. You don't need to push at all. From now on just file all their letters away in the desk. You have done more than enough.

[BhamLawStudent]

What if they threathen court action? I don't want to be paying their solicitors costs for them to send me letters

[Al27]

Of course they will threaten court action. It's all part of the [problem].

 

All lies and hollow threats.

 

Whether their 'solicitors' send you letters or not is their business. You don't have to pay for anything.

[BhamLawStudent]

I have spoken to deputy manager who has told me the security dept can get rid of ticket lol. Gonna ring tomorrow and hope for the best tell them that I will inform everyone at the university of their ticketing company's behaviour.

 

The letters made me laugh though! 1st one says unless £60 is paid in 10days the case will be passed to debt recovery agents and result in an increase to £135 plus admin costs.

 

Yet the next letter says FORMAL DEMAND BEFORE COURT ACTION £85 WITHIN 28 DAYS. But in small print it says it must be in 14 days. They can't even write a letter properly!!!

[letshelp]

As Al says, is's all a [problem] which should be ignored.

regards

[m01fsj00]

Hello BhamLawStudent,

 

Sorry to bring up an old thread... I'm just wondering what the outcome was?

 

I'm having a similar issues with Central Ticketing. I am adamant I will not pay the "fine". Ever. I will happily argue my case in court... but if I can simply talk to the managing agent to get the parking compnay to back off - it will save me some stress and grief - so probably worth a try?

[brassnecked]

Tell the managing agent they are jointly and severally liable for the misdeeds of their parking contractors if they act wrongfully or unlawfully. that should shake them up a bit