Should I pay my parking fine for a private car parking company? (very intimidated!)

[sunshine16]

Hi,

My question is regarding parking fines for a private company. I have teaching several times a month at a hospital. I have received several parking fines from the parking company there (APCOA). I have moved a few months ago but my car is still registered to my old address., therefore I was unaware of the fines. I have just been to collect my mail and there were letters from the company, letters from a debt collector company and lastly letters from a solicitors office saying the amount that it would cost if I was summoned to court (there was no actual summons). I spoke to a colleague who gave me unofficial advice to ignore this. I was just wondering what your thoughts were on this? Do I have to pay? I have a parking permit for the hospital where I usually work which I thought was valid for the other hospital, but apparently this is not the case. Please help! I'm very frightened by the volume of threatening letters!

Many thanks

[AndyOrch]

Thread moved to appropriate forum

[ericsbrother]

They have no powers of enforcement so rely on threatening letters. You can happily ignore but do read the threads on the private parking subforum should you wish to write them a "get lost" letter

[ploddertom]

Moved to Private Parking Forum

[Lily808]

So-called Parking Ticket/Fine is only enforceable by a court and only then if the parking company sue you and win. I do not recommend "appealing" because you are appealing to a commercial organisation that issued the so called parking ticket. If you have done so and your "appeal" has been turned down then I DO NOT RECOMMEND appealing to POPLA The parking company would have to sue you and win in order to get you to pay up. Even if the car parking company has won courts have been saying that the amounts they are claiming is not fair and cutting down the judgements to small figures.

 

 

So even if they threaten to send round debt collectors or bailiffs they can't until they win in court! If they write to you if you do not pay, or if you want to write to them (they will then have your address if you initiate the correspondence) in your position I would say "I wish to have my day in court. Please do not send any more threatening letters as it is criminal offence (remember they can only enforce the so called "parking ticket" by suing you in court) Alternatively you could write but not put an address on the letter saying the same thing.

 

If for any reason they do send round debt collectors (which some try on - I repeat it is not an enforceable debt until a court declares it to be a judgment against you!) I would not open the door - tell them that they are demanding money with menaces and are trespassing and you will have them arrested. Few of these companies pursue these matters to court because so many people just roll over and pay up!

 

The Unfair Terms in Consumer Contracts Regulations 1999 In my view The Unfair Terms in Consumer Contracts Regulations 1999 apply to private parking tickets. This is what the regulations say: 5 (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

 

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term." This provision certainly applies to so called contracts for private parking. Hope this helps

Edited April 14, 2013 by citizenB
formatting

[ims21]

Thread temporarily closed while the hijacking posts are moved

 

EDIT:

 

Hijacking posts and replies are now here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?388554-How-To-Misunderstand-Private-Parking-Concepts!

 

This thread is now open again for proper advice to the OP

Edited April 14, 2013 by ims21