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reclaim parking charges


Almo23
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Has anyone successfully done this with private companies - in the same way that bank charges are being reclaimed? I am contemplating doing do but a bit scared and just wanted to know if it had been done before.

 

From what my turkey addled mind understands, it is exactly the same premise as with bank charges and the route should be exactly the same to claim them back - they charged me a penalty, i now know this to be unlawful, can i have my money back, issue mcol.

 

Is this right?

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I'm pretty sure it's different with private car parks to banks - the thing with private car parks is that you are meant to agree to a contract when you park there, as stated by the signs in the car park - if a driver parks there, he is implicitly accepting the terms of the contract. However, you don't have to tell them who the driver was at the time, and since they can't find the driver nor go for the registered keeper (that's councils) they can't really do anything. Unfortunately, I am unsure as to the procedure of claiming back from a Private company if you've already paid, sorry.

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Thanks for the response demon. What if the issue you have is one that they have fined you for, but was not mentioned in the contract? What I mean is, they have penalised you for doing something that was not forbidden under the contract (or not posted on the signs, which I assume is the same)?

 

I am reasonably new to this, so just getting my head round it, but when parking in a car park, I don't sign anything, although I do understand that I am deemed to have accepted the terms of the contract when I choose to park there. However, when I opened my bank account, I signed to say I understood the terms of that contract, yet still the charges were unlawful and that money was reclaimable. I've seen written here somewhere that t's & c's do not supercede British law, so if they have penalised me for breach of contract, does it still make a difference that I voluntarily entered into the contract? Please understand I'm not refuting your advice (typing things can make them sound so aggressive when they are totally not meant to come across like that!) but just trying to get a clear picture of what I might potentially be taking on.

 

I ask on behalf of a friend who has already paid the ticket.

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You'd have to speak to someone on here with a more in-depth knowledge of contract law for those points, I'm afraid, as I'd rather give no advice than bad advice - it's unfortunate that your friend has already paid it, as most private tickets on here are argued out before payment stage using the 'driver...who?' method I mentioned. Unfair Terms in Contracts should apply, though, I see no reason why it shouldn't. There's another on this forum waiting with a similar situation (paid their ticket) so I'd hang around just a little longer to see if anyone else comes along.

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Hello Almo 23,

My husband paid a private car parking charge earlier this year.If I had known then what I know now, he wouldn't have paid it.By reading around this wonderful website I have learned that penalty charges are unrecoverable under English Contract Law.I am at the stage of asking for judgement for my unlawful bank charges and will follow the process to the end until I get them back.Then I intend to get the parking charge back in the same way.It's the same law I'll be using.I have yet to go down this road but I have read on this site somewhere that you can find out the owner of the private land the company enforces the penalties on by paying a small fee to the land registry. Then you reclaim the charge from the land owner in the same way as you reclaim your money from the bank.

Hope this helps and good luck with whatever you decide to do,

B

BELLA 47

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Guest xipetotec46

Different with banks. USE THE SMALL CLAIMS TRACK.

if you are on benefits it is free.

To date I have takent to the small claims court.

Conservertory company for my deposit back £200 verdict WIN for me

Vision Express my Spectacles were scratched with fine marks within one month of purchase, I was claiming a full refund of £199 Verdict WIN for me. D.S.S denied me claims of over £3000 because of equity of £26,000 in house belonged to my children. refunded £3400 Verdict WIN for me. Skoda UK. Steering pump went 1 year after Warranty 3 years 4 in total. got Skoda to pay for the pump and took them to small claims for the £94 labour charge to have the new one fitted. However they didn't want to pay so I obtained a warrant of execution and sent the bailiffs in. get that eh! a bloody roofer sending in the bailiffs on a Multinational Company, I was gonna use a Garnishee Order but I would have had to pay £43 for it Verdict WIN for me. Virgin Trains. paid for train journey on their website hit the button twice it took out two amounts, they wasn't for refunding the £15 so I took them to the small claims track, for £15 Verdict WIN for me. BMI Baby a woman at the back of me wouldn't let me recline my seat all the way back from Alicante, despite asking cabin staff for help, took them to the small claims court for the cost of the return leg £88 as I couldn't get off the plane to get the next one. Verdict WIN for me £88, these were all through the small claims track and everyone paid up before it went to court, I took them all to court on principle not for the money it was because I was being wronged in every case these cases are the tip of the iceberg, when I have taken on the authorites and companies in other cases in courts and litigation cases about 15 to date I won them all, my best was NAT West for £17,000 on behalf of my Brother. The bank manager thought I was my Brothers Solicitor No I said I'm a Bloody roofer, with a secondary eduction. So dont be feared about anything even the small claims court if you have right on your side you will win. So Almo My advice to you is go for it. the worst thing anyone can do to you is do a Saddam Hussein on you and they aint gonna do that for a parking contravention.

Barry

P.S I have three pending issues one is with the Inland Revenue for overpayment of Tax credit £247 I am having my day in court. and the other is for BID up TV for a dud DVD player, and the other is for a PCN with Bolton Council overstay 8 minutes I had mitigating circumstances and am waiting for a reply to letter i sent, if no joy I will appeal on the grounds that the PCN date of contravention is at the bottom where on the other side is the payment tear off slip, the contravention date and date of issue should be in the main body of the text. see Barnet Council V Adjudicators. I'll keep you posted.

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Guest Benthic

"BMI Baby a woman at the back of me wouldn't let me recline my seat all the way back from Alicante" - ?!

 

I don't let anyone recline their seat in front of me on flights because I'm 6'3" and it's bad enough on the planes when the seats are fully upright. It seems fair to me. Why would you sue for that?

 

Nice work with getting the results you deserved with the other company's though.

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  • 3 months later...
Guest xipetotec46

I am 5'6 I am undersize so don't need any special treatment, on the other hand you are oversized and as such they don't make seat to suit you so you should pay extra for more space, when I paid for my ticket I was not informed that I would not be able to recline my seat, the fouled mouth woman sat behind me refused to let me recline and as I had paid for a seat which reclines like every other person on the aircraft I was unable to recline because of her it meant that I was not getting what I paid for i.e. a seat that reclines no help was given by the cabin staff so I sued for damages which was the cost of the return flight £88 and won.

Why should you have to pay 5 per kilo for excess baggage if you are only 14 stone when some big fat Lard arse woman boards the plane weighing 23 stone and doesn't get charged a penny excess, they should set an average weight and all those under the average get a discount of say £5 per KG whilst all those over pay £5 a kilogram there wouldn't be many Fat folk going by plane to Ibiza would there if they were 10 stone overweight 70kg X 5 = £350 extra and a big bonus would be more room on the beach

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Why should you have to pay 5 per kilo for excess baggage if you are only 14 stone when some big fat Lard arse woman boards the plane weighing 23 stone and doesn't get charged a penny excess, they should set an average weight and all those under the average get a discount of say £5 per KG whilst all those over pay £5 a kilogram there wouldn't be many Fat folk going by plane to Ibiza would there if they were 10 stone overweight 70kg X 5 = £350 extra and a big bonus would be more room on the beach

 

I was 100% with you on the reclining bit - they don't sell a seat with a caveat that you may only be able to use it with the permission of the passenger behind, but as a fat bloke I am not so sure about paying extra for a seat as long as I fit into one without spilling into the lap of the person next to me :rolleyes:

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Guest xipetotec46
I was 100% with you on the reclining bit - they don't sell a seat with a caveat that you may only be able to use it with the permission of the passenger behind, but as a fat bloke I am not so sure about paying extra for a seat as long as I fit into one without spilling into the lap of the person next to me :rolleyes:

 

Ah yes but can the person sitting next to you move in any direction or would they be pinned to the person next to them or the aircraft wall, and what about long haul flights, really I think fat folk should get the boat.

 

I was recently charged 72 Euros by BMibaby for excess weight, my wife and I weigh 22 stone between us, I asked did the fat couple weighing about 45 stone in total have to pay any excess weight charge for their excess fat, she said no there is no rule for excess charges for the weight of passengers, but as fuel is utmost in the airlines thoughts, you watch all heavy people will have to pay something for the extra fuel they use in the future. I asked for my case back so my wife and I could wear all the clothes to reduce the excess weight, I was told that the case had gone on the conveyor and they could not get it back now and they would not give me a boarding card until I paid and produced the receipt for payment to obtain my boarding card, I feel a claim coming on.

Glad i'm not a Dwarf or they would put me in the overhead locker.

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A mate of mine who works at Heathrow relays a similar story. One bloke on his way to a skiing holiday was told he had to pay for excess baggage. His reponse was to put on his ski boots, helmet, ski suit, several fleeces and waddle thru departures looking like a spaceman.

 

Not sure how true it is but made me chuckle.

7 actions in progress

 

amount refunded so far £6500

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