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faran897

stopping or waiting on private land.

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hi everyone

 

I need some advice over a parking charge notice i received in the post,

 

its from a company called parkdirectuk asking for £100 to be paid because apparently we were stopping or waiting on private land

where stopping or waiting restrictions are in force,

 

now from the pictures they sent the car is parked on double yellow lines not in a bay or anything like that even though i think it was still in the car park,

 

if the car was parked on the yellow lines surely the company has no right to issue me with a "fine" ?

 

i dont really know how to deal with this, any advice would be much appreciated

 

thanks[ATTACH=CONFIG]39584[/ATTACH][ATTACH=CONFIG]39585[/ATTACH]

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hi faran

 

safe to ignore.

 

any marking in a private car park are purely grafitti

with no statute in law.

 

dx


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thanks for the reply dx

 

hmm are you sure? the car was still parked on what i assume to be private land so im just a bit confused.

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It doesn't matter what 'offence' is mentioned - the invoice is from a private parking company and relates to private land, so is safe to ignore. If it was from a Council, r then that would be a different matter


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thanks for the advice, i was going to pay them first thing on monday looks like that wont be happening now! Im just a little worried that they could take me to court, or will it not get that far?

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These companies are not keen on Courts for a number of reasons, 1st of all the charge cannot exceed the landowners actual loss and the cost of producing and sending the invoice, therefore how can the fee of £100 possibly be applied in all claims. This figure is taken from the British parking Association code of Practice (a club for private parking comapnies with no legal status).

 

The following statement was recently issued by the Department of Transport

Charges for breaking a parking contract must be reasonable and a genuine pre-estimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken. For example, to cover the unpaid charges and the administrative costs associated with issuing the ticket to recover the charges. Charges may not be set at higher levels than necessary to recover business losses and the intention should not be to penalise the driver.

If you are still in doubt about ignoring, please read the following judgement (Vehicle Control Services V Ibbotson) this is one of the very few cases that ever seen the inside of a court and the result for the ppc can only be described as a disaster.

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Ignore some more

 

:-D


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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