Getting worried Re. Parking Charge!

[chippy12345]

Hi Guys, Just thought i'd another story to the thread as i'm a little worried about the outcome.

 

I parked in my University car park, did nothing wrong except park at the side of an end parking bay so i wasn't actually in a bay. Now i didn'd see the notice saying not to as its a Uni car park i didnt think they would be that strict!

 

Anyway i returned after my day to find a "Notict to pay parking Charge" on my windscreen. Now i realise the carpark is operated by "Maxim Parking services" so technicly nothing to do with the Uni. A private firm.

 

I followed the advice far far back in this thread and replied to this charge with a letter saying:

 

"As the registered keeper of this vehicle, I have no obligation to inform you of the identity of the driver at the time. As the registered keeper of this vehicle i cannot be held liable as any alleged contract can only be formed with the driver.

Any further communication with be regarded as harrassment..........."

 

They have since replied with a letter saying that the signs around the campus clearly state that by parking on the campus the OWNER of the vehicle is contractually agreeing to pay any penalty's issued if they do not abide by the T&C's of the car park.

 

Now what do i do!? I'm getting a bit worried now! :sad:HELP ME

 

Thanks!

[the_freedom_trail]

Hi Chippy, I'm guessing your a student?

 

I can help with this one as I too have had dealings with Maxim Security Services. What you have been issued with is a private parking invoice which has no basis in law, very much unlike a Local Authority PCN or a Police FPN.

 

There are numerous legal defences to such a charge - unclear signage, excessive charge, not declaring who the driver was (as you have already mentioned).

 

Also, does your letter actually state "penalty"? A penalty is unlawful in common law, only the authorities or organisations contracted on behalf of the authorities can issue a penalty.

 

Anyway, how do they know you have contractually agreed if you weren't the driver. You have to know who you are contracting with before you enter in to a contract!

 

Relax, these clowns cannot do anything. They are far from the brightest stars in the sky lol.

 

If they do try to take any legal action (extremely unlikely) there are enough people on here to help you put together a cast iron defence.

 

All the best,

 

TFT

[chippy12345]

Freedom Trail,

 

Thanks for your advice!

 

I am a student, yes.

Can i ask what your experience of Maxim Parking Services is?]

 

The actual 'ticket', has the words "Notice to pay parking charge" and the response letter to my appeal has the word "Penalty" in it.

 

 

What step do you think i should take next? Or NO action, ignore?

 

 

 

Many Thanks!,

 

Chippy

[the_freedom_trail]

Hi Chippy,

I am a fellow student (well, technically not as I have just graduated but you know what I mean).

 

I went to uni in Bournemouth; however, I undertook an industrial placement year working for a company in Reading. Whilst working in Reading, a friend and I used to park daily at Thames Valley University car park, despite not being allowed to. After about six months we each got an invoice for £70, reduced to £35 if paid within 14 days. We both paid the £35 and that was that. Morally, we deserved it, we had saved well over £1000 by not having to pay for parking in the local NCP so fair cop.

 

That said, after learning about the world of PPC's I decided to appeal the charge this year. Maxim told me that they will give me a full refund as soon as I provide proof of payment - this has now been sent to them.

 

To be fair, I tangled them up in knots really. The correspondence I received from them was terrible, the formatting, the spelling, the grammar, everything. This is why I say that they are not very bright.

My advice to you is don’t be a mug like me and pay it. As someone who has sued an organisation in the County Court, I can tell you that it would cost them at least £55 in court fees, before you even had your case heard. I dare say this is getting on for the amount of your fine. Add to this, they would also incur their own admin costs for preparing the claim. Finally, they have very very little chance of winning which means the risk simply isn't worth taking for them.

These companies trot out County Court threats everyday; however, I for one can say that it is a long process. It simply isn't a viable business model for a private parking company to take to court every individual that doesn't pay.

What will happen is that you will get a couple of letters from Maxim. You will then get a couple of three more from their debt collector's (this is often just another desk in the same office). Finally, you will receive another couple of letters from their solicitor's (again, usually just another desk in the same office). After this, all will go away.[/font]

My advice is fully ignore! Court Cases are rare; however, it is widely thought that those most likely to be taken to court are those that respond to PPC's. Respondents get placed on a suckers list - the reason being is that they obviously buy in to the legitimacy of the whole PPC [problem] to write and appeal in the first instance.

Best Regards,

TFT

[dx100uk]

ignore it totally

its a [problem]

 

there is nothing they can do to you.

 

just do a bit of reading in this forum

 

dx

[the_freedom_trail]

ignore it totally

its a [problem]

 

there is nothing they can do to you.

 

just do a bit of reading in this forum

 

dx

 

Wise words

[chippy12345]

Well your input is very helpfull chaps! Thanks for that.

 

I guess ignorance is the way to go it seems, if the whole lot does end up going to court. Do i have a leg to stand on if they try and sue me for hundreds?

 

Many Thanks Again!

 

Chippy.

[dx100uk]

none have ever

its an invoice NOT a parking ticket issue by the council or police

the only ones you need to pay are:

penalty charge notices.

 

dx

[pin1onu]

I guess ignorance is the way to go it seems, if the whole lot does end up going to court. Do i have a leg to stand on if they try and sue me for hundreds?

More legs than Jake the Peg. Try reading a few threads around this forum.

 

They have a job just to get you to court. Have a read of this: http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/164651-problems-ppcs-face.html

 

If they actually get you to court then this guide would be a starting point for any defense: FAQs - Private Parking Companies/Charges (everything you need to know)

[chippy12345]

Those "penalty charge notices" can only come from Council or Police, correct?

 

What if a Private Car Parking company issue one?

[dx100uk]

they cant!

 

dx

[chippy12345]

Good stuff! Ignorance is my tactic then, nice and easy!

[asmodeus]

Ignorance is what they rely on as most people are honest and immediately think they have done something wrong and reach for the chequebook

 

From my own experience you will receive 3 or maybe 4 from the parking company with lots of red ink followed by 1 from the Debt Collectors who will threaten that if they have not heard within seven days it will be passed to the solicitors for possible court action. These will also write probably 2 letters before they give up and look for an easier target

 

Ignore and do not get into any communication with them as they will just up the [problem] mails as by acknowledging they exist they will assume there is a possibility they can mug you

[the_freedom_trail]

Well your input is very helpfull chaps! Thanks for that.

 

I guess ignorance is the way to go it seems, if the whole lot does end up going to court.

I don't think that will happen somehow.

 

Do i have a leg to stand on if they try and sue me for hundreds?

They can only sue for the true cost incurred - 50p maybe. If you sue someone, it is about recovering loss or money you are entitled to, not a profit making venture. They can sue for what they like, what is awarded is up to the Judge. You have 1 more leg to stand on than the PPC.

 

Many Thanks Again!

 

Chippy.

 

TFT

[letshelp]

This will go away eventually. BTW just love the 'Owner is responsible' line on their warning signs.

regards