Parking ticket on a disabled hire car

[sailor sam]

Most car hire firms have this 'admin' charge included in their t & c's now. They ususally apply though to official PCNs/speeding tickets. This is merely an invoice and I would contact the hire co to ask for the charge to be re-funded which will ensure further business with them.

 

Now to the parking 'ticket' itself. Basically as I say, your father has been issued with an invoice which can only be aimed at the person who actually parked the car. Unfortunately on this occasion, the hire co have supplied the PPC with the evvidence they need to indentify the driver so they clear the firts hurdle in bringing a case against your father. The second hurdle though is to convince a court that the charge isn't a penalty of fine. A private company cannot issue these as they have no legal authority to do so. Their only option will be to claim losses or damages they have incurred from your father parking there. That would depend on what tariff they have and i'm guessing that their 'charge' is disproportionate to those so it follows that I don't believe they will commence any court case against your father because i'm pretty sure that they would find it difficult to explain away that their claim isn't for a 'penalty'. The judge would have no choice but to dismiss the claim if he suspected that was the case.

 

To conclude, ignore any further correspondence from them and wait to see if an actual stamped court document arrives through the post. Request that the hire co refunds the admin charge on the basis that it wasnt an actual official parking authority they were dealing with but merely a private company without any legal standing.

[sailor sam]

Just to update- dad received a letter form Trethowans to say that the hire co had refused to give his details to them until it had been taken to court- Trethowans won judgement:shock: so unless he had a valid reason his name would be added to judgement------- Yeah right!!

I sent a letter basically saying he had no opportunity to defend himself- the parking attendant had actually told him to park on the kerb so he didn't interrupt traffic and this would be a very lucrative business (if not illegal!). I asked them to send a copy of the judgement and told them I would be reporting them to everybody!!!!

Can they do this- I can't see the hire co saying they wouldn't give out driver details until it had been taken to court.

Still waiting to hear back from them:lol:

Thankyou to the peeps who have replied

 

Why? Untill they actually issue a county court claim against your dad, there is no way they can add him to a judgement.

[sailor sam]

I think you need to 1) apply to have the judgement set aside stating that you wern't the original respondent and as such havn't been served with the correct documention including an opportunity to defend the claim 2) request that the case is transfered to your local county court (if you havn't already done so)

 

As far as the admin fee is concerned, as previously stated the hire co's apply an admin charge when dealing with official traffic violations (as per their t&c's). This can be challanged as it wasn't an official violation. Under current UK laws, a private company cannot recover a fine or penalty though the court system so the case should fail anyway.

 

BTW, what was the court claim for (i.e. the particulars)?

Edited October 5, 2011 by sailor sam
additional info

[sailor sam]

Something seriously ain't right here... I can't see how they can simply 'change' respondents after the claim has been lodged and judgement entered. That surely would not be within the civil law regs.

[sailor sam]

I would be interested in knowing how they can make a claim for a 'breach of parking reg notice'. That sounds like a penalty to me which is un-recoverable by a private concern under current laws. Also changing defendant's on a stamped court doc is surely against correct protocol. This is all very suspicious and I would be asking the court some serious questions.

[sailor sam]

Surely the defence should be that the claiment's claim is in relation to a penalty which cannot be recovered by civil proceedure? (Be sure to take a copy of the ticket with you) Also, the 'ticket' was issued to the vehicle because it was parked on DYL's which were not on a public road so do not have any legal status. If they do, then the the claiment must produce a copy of the relevant traffic order to the OP (if requested) in order to give him the opportunity to consider his defence.

 

Personally, I think you will be in and out in under 15 minutes if the judge is on the ball. Don't forget that you can claim travel expenses/time off work ect to attend the hearing!

[sailor sam]

Received a letter saying they will be opposing the application cos according to them we have no real prospect of successfully defending the claim. They then go on to say he didn't respond directly to the breach of contract notice issued. They want him to prove which attendant told him to park on the kerb!! They also refute the allegation that all the parking spaces were full!! It's absolutely crazy to try and get a disabled space in the hospital- we went last week and seen 3 tickets issued to disabled drivers in the space of 20 minutes!!

 

Their last point is to say "The £50 is a charge levied for not parking in the correct place. It is not a penalty for breaching the contract."

 

So I would argue it's actually a fine or penalty for not parking in the correct space then. Make sure you show this letter to the judge.

 

 

They want him to withdraw the application and they will be claiming costs- just over £300!!

 

I bet they do! They have practically admitted in writing that they are recovering a penalty! also there is the small matter of the judgement being 'altered'.

 

Do we answer their points they have made or just leave it up to the court. Quite worried as they said the amended claim was deemed re-served along with a response pack- THERE WAS NO RESPONSE PACK- just hire co crossed out and my dad's name written in- surely this is not right??

 

Let it go to court. My first question tio the judge would be how can a judgement be altered to include another 'respondent' when that party have never had the opportunity to file a defence? My second would be how can a private concern recover a 'fine' or 'penalty' when they have no legal authority or status to issue them under English law?

[sailor sam]

Have you bought the matter to the attention of your local media? They may be interested!

[sailor sam]

Well with the evidence that you have, your defence should be a doddle. If you can show the judge anything with the word 'penalty' on it, he won't have much choice but to throw the case out.