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What happened to ignore? (smart parking charge notice)


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After receiving Parking "fines" from private parking companies in the past (2011)

I had frequently visited this site among others, where the advice was a resounding "IGNORE"

 

I took said advice, and after around 5 letters from each, I heard nothing more from these PPCs, the "IGNORE" option certainly worked.

 

Since then I'd been much more careful about parking, and as such haven't received any 'fines',

Until now.

I have just received a letter through the post from a company called smart parking demanding £40 for parking overnight (clearly not causing any loss to the company) in a parking space.

 

I was going to completely ignore this letter as done in the past, but upon visiting here again it seems advice has changed to "Don't ignore"

 

Can anyone explain why I can't just ignore this as usual?

Surely the law hasn't changed to allow private companies to issue fines now?

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where have you been???.

if you look through the threads that have been put on here since you disappeared, you will read exactly what changes have taken place since you were gone!

welcome back ! mork! nanew nanew!.

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I have googled/read threads on the subject, and all I have been able to find out is that "ignoring is no longer the best option"

Without any explanation as to why this will no longer work, or what specific changes in the law have happened,

or more importantly, what WILL happen if the ignore option is taken.

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You dont ignore now as many PPC's are becoming more litigous now and will think they can obtain a judgement by default. Its much better to follow procedure and challenge them and cost them a fair amount of money instead.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Is there anyone who has *actually* been taken to court and had to pay the actual amount demanded however?

 

As far as I was aware in the past, if it was ever taken to court, they would only be able to claim for loss (the price of parking, which in this case there was none, and it was overnight)

 

So if I were to ignore, what would happen? It certainly seems like a much easier option.

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You dont ignore now as many PPC's are becoming more litigous now and will think they can obtain a judgement by default. Its much better to follow procedure and challenge them and cost them a fair amount of money instead.

 

Not only that, but the game really changed with the introduction of the Protection of Freedoms Act 2012 (Bit of a misnomer in the case of PPC's if you ask me, but...). Where there's now legislation in place that allows these cowboys to go after the Recorded Keeper of a vehicle.

 

Still plenty of ways to beat their little system though ;)

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Is there anyone who has *actually* been taken to court and had to pay the actual amount demanded however?

 

Yes, lots unfortunately. Though usually because they've either not had a very good defence, or no defence at all. Most of their "wins" have been by default.

 

As far as I was aware in the past, if it was ever taken to court, they would only be able to claim for loss (the price of parking, which in this case there was none, and it was overnight)
IF it gets as far as court, with a well worded defence and a claim for your costs, they pay you ;)

 

So if I were to ignore, what would happen? It certainly seems like a much easier option.

 

They'd win a default judgement against you, and then you'd have to pay not only the parking charge, but they'd also add on the court fees & solicitors costs, which is usually about another £100.

 

 

Best advice these days is to appeal to the parking company, who will, 99 times out of 100, reject your appeal, and then take it to either POPLA or the IAS depending on which AOS they're members of. Which again, will cost them money :)

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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It's ridiculous that we have to play their little games though, in order to NOT have to pay money over to some greedy corporations, for no reason at all.

For example, I've been on here researching this for a good few hours now, a few hours that I could have spent doing much more productive things; all because of some mandatory bs way of capitalising on motorists.

 

At least the *ignore* way wasn't at all time consuming. :/

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It's ridiculous that we have to play their little games though, in order to NOT have to pay money over to some greedy corporations, for no reason at all.

For example, I've been on here researching this for a good few hours now, a few hours that I could have spent doing much more productive things; all because of some mandatory bs way of capitalising on motorists.

 

At least the *ignore* way wasn't at all time consuming. :/

 

I can't disagree with that at all. However, you can take at least some solace in the fact that when ParkingLie reject your appeal, they'll issue you with a POPLA code, where a properly worded appeal on the correct grounds, will win. And that code will have cost them £27 to give to you. lol.gif

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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I can't disagree with that at all. However, you can take at least some solace in the fact that when ParkingLie reject your appeal, they'll issue you with a POPLA code, where a properly worded appeal on the correct grounds, will win. And that code will have cost them £27 to give to you. lol.gif

 

 

Yep! I'd go with that.

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I have just received a letter through the post from a company called smart parking demanding £40 for parking overnight (clearly not causing any loss to the company) in a parking space.

 

 

Was this a windscreen ticket initially?

 

 

How many days after the parking event did you receive the Notice To Keeper?

 

What type of car park was it? Supermarket, motorway services... ?

 

What does the signage say?

 

We need answers to these questions to help you on the non ignoring path.... :nod:

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the law changed to allow the parking companies to chase the owner of a vehicle for the debts of the driver if that person couldnt be identified. It also lays out how the parking company must trat an appeal against its claim for monies.

I you do get taken to court claim your research time back from the parking co.

It is better to play the game and beat them at an earlier stage, which costs them money, than it is to let them take you to court even if you do win there. The fees for using POPLA appeals are borne by the parking co and are about the same as the court fee but not recoverable from the victim/defendant so always use the appeals to the full.

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