Private parking company charge with a twist.

[avery12]

Morning everybody, I've had a good read through the forums and found loads of usefull info, many thanks to you all.

 

I have a couple of points i could do with advice on, but firstly the situation is this:

My friend has recieved a parking ticket from TPS whilst parking at her place of work but against my advice has ignored it, the charge has now escalated from 60 to 100 pounds the increase is due to an admin charge.

The twist comes where she and all other permit holders at the works pay for a permit and hence sign a parking permit form which with in it show the rules that should be abided by.

The car was not left in a restricted area i.e. yellow lines/hatchings etc although it was not in a designated parking bay.

 

So from all of this info would it be best to:

"reply with a brief letter denying that any money is owed at all. Ask the PPC if they have authority from their client to bring any legal action against you and are they entitled to bring a legal action in their own name.

Finally tell them that depending on their answers, you may be willing to consider their demand but you require a breakdown of the figure they are demanding and an explanation as to how the sum claimed represents their administrative costs."

 

Then see what happens and use the appropriate information on this forum to send subsequent letters as required.

 

If this went to court would she be liable for any legal fees if in either case for loosing or for winning the case?

The parking company are threatening legal fees on top of admin charges on top of the origonal charge.

 

From reading through the forum am i right in believing that the company can only take you to court for the amount on the ticket, in this case £60?

Also has the law now changed so that the owner of the vehicle will be charged regardless of who was driving or do the parking company still have to proove who was driving to charge them personaly?

 

Any advice on this matter would be very much apprieciated, my friend is getting rather stressed and a little upset. Thank You All!

[Sidewinder]

Agree with the suggestion of writing a letter denying liability, but keep it to one line stating that 'liability to you or your client is denied'. Don't get involved in anything else.

 

Equally, and the preferred advice of many is to simply ignore altogether. It is unlikely in the extreme to ever get near Court. They can threaten to sue for the £60 and can apply any admin charges as they see fit, but are unlikely to take legal action as they know that in a properly defended case they would be stuffed. In law they can only sue for the actual loss incurred, so in a 'free' car park the loss would be nil, or would have to demonstrate that any contractual obligation was understood and agreed by the driver AND that the charge did not reflect a penalty, and as every case lost further damages their business model (whereby a percentage of people grumble but pay up) they are not likely to try. IF they were to go to Court then they would add legal and Court fees to the claim.

 

The change in the law simply makes it possible for them to threaten the Keeper of the vehicle rather than the driver - but then they always did that anyway as they can't identify the driver! Nothing has changed, so sit tight and the letters will almost certainly stop when they realise that threats of increased costs, threats of legal action and scary letters from debt collectors aren't getting them anywhere!

[avery12]

Thanks Sidewinder.....

She has shown me her conditions of parking at the works which she has signed and hence agree to these conditions, there is a bit of a crux, could i "PM" you about?

[Surfer01]

I think she can safely ignore it as it is a PPC. The certainly will not be able to claim damages fo £60 and will eb lucky to see £30 if it goes to court and your friend has a defence.

 

BTW you only have 2 posts so doubt if you can PM any one.

[avery12]

Aha, no PM'ing no worries.

She's still worried though as she feels as she has signed a form with all of the parking rules she thinks she is bound by them. There is an instruction about the fines etc within the rules.

Cheers.

[DBC]

Did they actually call them "fines" in those rules?

[Dublindel]

I believe you will find that the charge or should we say, damages, are £100. So in theory, you have actually cost them £100 but they are prepared to lose £40 and only charge you the £60. Then suddenly the £40 discount becomes an admin charge for Sending you one more letter. I would love to hear that explained in court.

[DBC]

Ask then for a detailed breakdown of the supposed "damages" that you have caused them. In the unlikely event that they do send you such a document I bet they will try to include day-to-day running costs, such as staff wages and staff uniforms. This has been done in the past by PPCs who can't tell the difference between losses and expenses.

[avery12]

Did they actually call them "fines" in those rules?

 

I'll check..........

 

Its very odd that they can go from 30 dicounted to 60 then all of a sudden 100 in such a short space of time. I can't imagine what it will get to in a couple of months time.

Its already a comical amount for such a small thing I can't fathom it.

[Dublindel]

What time elapsed between your vehicle being spotted and ticketed. See section 13 of BPA CoP, grace periods

[avery12]

What time elapsed between your vehicle being spotted and ticketed. See section 13 of BPA CoP, grace periods

 

I'll find out.....

 

Did they actually call them "fines" in those rules?

 

No she says they are quoted as charges.....

[avery12]

What time elapsed between your vehicle being spotted and ticketed. See section 13 of BPA CoP, grace periods

 

Hi there, it was for 5 minutes..........I just read section 13 and it is a bit non specific but 5 minutes isn't particulary long, i would of thought that it should of been longer but I am no expert, undoubtedly they must think that is sufficiant.

Edited December 11, 2012 by avery12

[Dublindel]

That falls well within a grace period for deciding if u want to enter into a contract or not by reading the T&C's. They must follow the code, he says tongue in cheek. Best if they actually read it