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Ticketed for Parking in a Disabled Spot in a Retail Car Park

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I've previously been issued with tickets and successfully had these revoked if you will.. the issuers gave up pursuing the costs.

 

However reading through the forum it seems changes have taken place since my last one.

 

The Scenario... I recently parked in a disabled spot at a local Currys/PC World as it was the only spot available and I was only popping into the store for 2 minutes at the most. Came back to my car and I had been given a ticket. I forget the cost but I believe it was £80.

 

Ethics and morals aside I know I shouldn't have parked in a disabled spot etc etc is this ticket still enforceable? Previously I would ask the issuer to provide evidence of who was driving the car but it seems the liability could now be passed to the registered keeper anyway.

 

Have times changed? From what I have read so far it sounds like these guys have been given more and more power to enforce them?

 

Thanks,

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They have not been given any more poer the only difference is that they can now ask the RK. However if you appeal they can turn down your appeal and then you can appeal to POPLA which will cost them £30 (approx) and is non binding on you.

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Hey,

 

So its not as easy as just ignoring them like the 'good old days'

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Nothing has changed in how to deal with Private Parking Companies and their speculative invoices.

 

Either ignore or, if you feel you must send something, then a very brief letter such as

 

Dear Sirs

 

Any liability to your company or your client is denied, No further correspondence will be entered into.

 

Yours faithfully,

 

 

But do please respect the disabled bays :wink:


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I usually do and this is the first time I have done this. I like to leave disabled ones or parent child ones to people who actually need them but I had driven round the whole car park looking for a space.

 

In the past it was the driver that was required (sort of) to pay the fine. Now that it is the owner of the car who is liable whats to stop them actually taking people to court?

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They very rarely do courts as some of their recent results have been a complete disaster, as I said in a post recently, I have more chance of becoming the Archbishop of Canterbury and winning the Euromillions in the same afternoon.

 

NOTHING HAS CHANGED other than they can now send begging letters to the owner if the driver is not identified. (England and Wales only)

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In the past it was the driver that was required (sort of) to pay the fine. Now that it is the owner of the car who is liable whats to stop them actually taking people to court?

 

there is nothing preventing them from taking you to court it is just highly unlikley and then they have to win which is even more unlikely.

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And it's not a FINE!

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Ha good point! My bad!

 

OK OK, so if it were to go to court what would the defence be now? Now they dont have to prove the driver etc.

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The defence would be that the only amount of money that can be claimed by the landowner is for any material losses they have suffered. In your case that amounts to zero.

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What the Department for Transport states

 

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.

 

You may also wish to read VCS V Ibbotson.

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Hi All,

 

I had actually forgotten about this ticket until recently. I have just received a letter from Debt Recovery Plus . What should my next course of action be? Should I ignore this like the previous ones?

 

What I did notice in the below is that it states payment must be made to them within 14 days of the date of this letter. The letter has no date stamp, which makes that tough or are they referring to the date it was received.

 

Thanks in advance!

 

The text of the letter is below:

 

Our client has written to you previously explaining that your vehicle was parked in breach ofthe agreed

terms and conditions regarding parking on the private land stated above. As payment has not been

received our client has instructed us to recover the above monies from you. To avoid escalation, payment

must be made to us within 14 days of the date of this letter. If you are having difficulty making the

payment then please contact our office on 0844 561 0965 to discuss your proposal for payment.

Paragraph 4 of schedule 4 ofThe Protection ofFreedoms Act 2012 refers to 'The recovery of unpaid

parking charges.' It states that 'the creditor has the right to recover unpaid parking charges from the keeper

ofthe vehicle' ifcertain conditions are met. We understand that those conditions have been met and that

the above charge is due for payment. Ifyou believe that the conditions of schedule 4 have not been met

then please put your representations in writing to us. Schedule 4 ofthe PoFA 2012 relating to private

parking can be found at hUp:/lwww.iegislation.gov.uk/ukpga/2012/9/schedule!41enacted

We are a member of the British Parking Association (BPA) and its Approved Operator Scheme and we

adhere to its code of practice. We only act on behalfofparking companies who manage private land and

whom are also members ofthe BPA's Approved Operators Scheme (AOS).

Accordingly, ifwe do not receive full payment or contact from you with your proposal for payment, this

matter may be passed to the landholder's solicitor to commence County Court proceedings. Please see our

website www,debtrecovervolus .co.uk for further details.

Always quote our reference number on all correspondence regarding this matter. Ifyou have made

payment since the date ofthis letter then please ignore this reminder.

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Just realised the picture is tiny! Sorry

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