do you have to pay parking tickets from private companies

[pin1onu]

What this actually needs is legislation so the rules that apply to tickets issued under the RTA also apply to private land.

Signage to be standard, fees to be standard and a formal/independant appeals process.

 

I would hate to see more clamping and/or towing away of vehicles.

In Blackpool most hotels and stores do not issue tickets or clamp vehicles they merely call a number and a lorry arrives within 5 minutes to take them away and charge £300 in cash only to get them back.

Legislation is the only way forward.

 

I would hate to see the government putting in even more legislation. The PSI act has given a certain legal validity to a practice that is outlawed in Scotland but regrettably not in England or Wales - i.e. clamping. The act is a half arse measure of control aimed only at preventing certain types of people from holding a license and thus being able to carry out certain activities. It does not specify fees, size of signs etc.

 

Given the draconian powers the local councils already have under the DPE rules and some of the publicised abuses of this power by parking attendants, do you really want this sort of thing to spread to parking on private land? Also given how much that the government cocked it up with the PSI legislation do you really want to trust them with more legislation.

 

The PPCs have already shown that they don't give a monkeys bum about existing case law and legality of their tickets. What makes you think they'll not abuse any power that they are given under new legislation? I can see the legislators merely extending the PSI legislation to cover this area. If that comes about then watch out because if you are going to have to pay for a license to issue tickets then you might as well get licensed for clamping at the same time. So I'd imagine clamping would become a lot more prevalent.

 

At least with the way things stand Joe public can stand up and hold two fingers up to the PPCs and their unfair contract terms and penalty charges.

 

BTW Clamping and towing are both licensable activities covered by the PSI Legislation and regulated by the SIA. They are both examples of damge distress feasant and amount to the same thing. There is still some recourse under civil law for reclaiming the charges if there is inadequate signage etc.

[ian176]

Hello all,thanks to the ace site i have not yet and will not pay a ticket that as been sent to me.just wanted to ask some advice on my ticket and this is as far as its got a the moment and this is the letter i sent to them and they have replied back,just wondered what to do next,thx ian

 

Dear Controlaccount and Euro car parks ltd

 

I am writing with reference to PCN number xxxxxxxxx which you issued directly to my home address without prior warning.I have since taken some legal advice on the previous letter regarding this private PCN and have several legitimate grounds on which to contest its validity. The PCN simply states that my vehicle was parked in a disable bay on wednesday 14th november .Well i borrowed my van out that day to a friend of mine as i was a juror on jury service that day .Therefore I am not responsible for the payment of this PCN TICKET the driver is in accordance with the terms and conditions displayed at the the car park. How am i supposed to have agreed to any terms and conditions on that day when i was not even using my vehicle ,so in what way have i specifically breached any such terms and conditions. So there appears to be no basis for the charge other than me being the present owner.I think you will agree it is not customary to be charged for parking when not using the facilities,its the driver who is responsible not the owner. Your conduct in this instance is in direct breach of the DVLA code of conduct pertaining to the enforcement of parking restrictions on private land. Vehicle keepers should be made aware that their name and address will be requested from the DVLA”. No such notice was ever placed on my vehicle but you clearly obtained my personal details from the DVLA without my prior knowledge in order to send your PCN to my address. Under these circumstances I will consider writing a strong letter of complaint to the DVLA regarding your abuse of this system. If pressed they may decide to withdraw your company’s right to obtain vehicle keeper information.From a legal standpoint, I understand that private charges can only be based on contract. You will have to prove in court that I agreed to a contract, agreed to park under the terms of the contract, that I agreed to pay a charge if I breached the contract and that I actually did breach the contract. I deny that such a contract ever existed as i was not driving my vehicle that day,and I believe this is an unenforcable charge. I hope you will now agree that not only is this an inappropriate penalty, but you are also in breach of the code of practice as stated by the DVLA. I now expect a full written apology and notification in writing that you are going to withdraw your charges with immediate effect.Your failure to respond appropriately to this letter within the next 12 working days will result in the following actions on my part. I will report your company to the DVLA for your failure to comply with the code of practice. I will report your company to the office of fair trading. I will write a strong letter of complaint to both my local MP and contact the local press regarding your conduct and methods used in an unlawful attempt to extract money from me and I will report this entire incident to the police for nuisance and harassment and for attempting to extract money using threatening documentation purporting to be of an official nature.You should also take note that any further threats for money will most certainly be reported to the police under the protection of harrassment act 1997.

 

this is there reply........

 

In response to your email, you are correct it is the person who drives and parks the vehicle who agrees to the terms and conditions of the car park. If you would care to furnish us with the details of the driver we will contact them directly.

 

We are members of the British Parking Association and we have the status of "Approved Operator", this allows us through the DVLA to obtain details of the registered keeper of a vehicle for the purpose of enforcing parking contraventions, therefore at this stage we have acted in accordance with this.

 

Once we have the details of the driver we will of course stop any further correspondence being sent to you.

 

Regards

 

Cathie

 

Customer Services

[peter123]

Hello all,thanks to the ace site i have not yet and will not pay a ticket that as been sent to me.just wanted to ask some advice on my ticket and this is as far as its got a the moment and this is the letter i sent to them and they have replied back,just wondered what to do next,thx ian

 

Dear Controlaccount and Euro car parks ltd

 

I am writing with reference to PCN number xxxxxxxxx which you issued directly to my home address without prior warning.I have since taken some legal advice on the previous letter regarding this private PCN and have several legitimate grounds on which to contest its validity. The PCN simply states that my vehicle was parked in a disable bay on wednesday 14th november .Well i borrowed my van out that day to a friend of mine as i was a juror on jury service that day .Therefore I am not responsible for the payment of this PCN TICKET the driver is in accordance with the terms and conditions displayed at the the car park. How am i supposed to have agreed to any terms and conditions on that day when i was not even using my vehicle ,so in what way have i specifically breached any such terms and conditions. So there appears to be no basis for the charge other than me being the present owner.I think you will agree it is not customary to be charged for parking when not using the facilities,its the driver who is responsible not the owner. Your conduct in this instance is in direct breach of the DVLA code of conduct pertaining to the enforcement of parking restrictions on private land. Vehicle keepers should be made aware that their name and address will be requested from the DVLA”. No such notice was ever placed on my vehicle but you clearly obtained my personal details from the DVLA without my prior knowledge in order to send your PCN to my address. Under these circumstances I will consider writing a strong letter of complaint to the DVLA regarding your abuse of this system. If pressed they may decide to withdraw your company’s right to obtain vehicle keeper information.From a legal standpoint, I understand that private charges can only be based on contract. You will have to prove in court that I agreed to a contract, agreed to park under the terms of the contract, that I agreed to pay a charge if I breached the contract and that I actually did breach the contract. I deny that such a contract ever existed as i was not driving my vehicle that day,and I believe this is an unenforcable charge. I hope you will now agree that not only is this an inappropriate penalty, but you are also in breach of the code of practice as stated by the DVLA. I now expect a full written apology and notification in writing that you are going to withdraw your charges with immediate effect.Your failure to respond appropriately to this letter within the next 12 working days will result in the following actions on my part. I will report your company to the DVLA for your failure to comply with the code of practice. I will report your company to the office of fair trading. I will write a strong letter of complaint to both my local MP and contact the local press regarding your conduct and methods used in an unlawful attempt to extract money from me and I will report this entire incident to the police for nuisance and harassment and for attempting to extract money using threatening documentation purporting to be of an official nature.You should also take note that any further threats for money will most certainly be reported to the police under the protection of harrassment act 1997.

 

this is there reply........

 

In response to your email, you are correct it is the person who drives and parks the vehicle who agrees to the terms and conditions of the car park. If you would care to furnish us with the details of the driver we will contact them directly.

 

We are members of the British Parking Association and we have the status of "Approved Operator", this allows us through the DVLA to obtain details of the registered keeper of a vehicle for the purpose of enforcing parking contraventions, therefore at this stage we have acted in accordance with this.

 

Once we have the details of the driver we will of course stop any further correspondence being sent to you. ... basically if you dont admit, know or tell us who was driving we'll just keep writing to you.

 

Regards

 

Cathie

 

Customer Services

 

 

 

I would write back stating that you do not have that information available and cannot help them any further in their enquiries.

 

I'd also ask them to stop any further correspondance as you are very busy with other commitments at the moment and dealing with these letters is causing anxiety and stress.

[Filthy Monkey]

Or mention that, as this is a civil matter, it is not covered under section 172 of the RTA and you, as the registered keeper, have no obligation to provide them with details of the driver.

[whiteskoda]

Psted reply below 19 March 2008. white skoda

 

 

By all means admit to being the RK of the vehicle for this matters not one bit as to the legality or liability for payment. In admitting to being the RK, your next line should be that the PPC should take the matter up with the person driving at the time. Responsibility for payment (IF there was adequate signage, and IF a contract was formed agreeing to pay the amount being claimed) rests with the driver, which is not neccessarily the same person as the registered keeper of the vehicle.

 

Regarding DVLA releasing details, sadly there is not much that you can do. DVLA code of practice allows them to release details to those with a 'reasonable cause' to ask for them, and unbelievably DVLA believes that an unsolicited invoice from a PPC is just reason to part with YOUR information. The fact that they collect £2.50 for each request is, naturally, only there to cover costs, not to make a profit

 

-----------------------------------------------------------------------

Further developments.& Help !!

Thanks for the earlier advice on Euro Car Park demand.

I did not reply to their demand letter but did an impression of an Ostrich,hoping they would go away.

They did not send another one but decided to get tough.

They appear to have handed the matter straight to a debt collection company.

I have now received an intimidating letter from a credit/debt collection company demanding now £95.

Quote; " This account has been passed to ourselves with firm instructions to commence LITIGATION & obtain JUDGEMENT against you. Such a course of action may have an adverse affect on your ability to obtain Credit & would include COSTS,COURT FEES & INTEREST which may disproportionately INCREASE the amount outstanding". (end quote)

 

To avoid this pay up within 5 working days or else !

As the letter was dated 5 days ago,I guess I am now a criminal !

Question. I guess it is a waste of time trying to reason with Euro as it appears the have handed it to the Debt' bounty hunters'.

should I write to the Debt people and deny/dispute the debt ?

Can they really obtain Judgement against me ?

Will they just keep hiking up the ammount ad infinitum ?

do not need this worry in my life but reluctant to give in to threats!

Will

 

Many people are now asking their MP to question the legality of DVLA selling data, but the stock answer when questioned is that their C of P allows them to do so and that unauthorised parking on private land is a massive problem which requires the landowner or agent to have some form of redress in order to chase drivers. When asked how the RK can possibly be held liable for a contract which may or may not have been formed by the driver, they did not see why the RK naming the driver to the PPC would be any big deal

[whiteskoda]

Further developments.& Help !!

Thanks for the earlier advice on Euro Car Park demand.

I did not reply to their demand letter but did an impression of an Ostrich,hoping they would go away.

They did not send another one but decided to get tough.

They appear to have handed the matter straight to a debt collection company.

I have now received an intimidating letter from a credit/debt collection company demanding now £95.

Quote; " This account has been passed to ourselves with firm instructions to commence LITIGATION & obtain JUDGEMENT against you. Such a course of action may have an adverse affect on your ability to obtain Credit & would include COSTS,COURT FEES & INTEREST which may disproportionately INCREASE the amount outstanding". (end quote)

 

To avoid this pay up within 5 working days or else !

As the letter was dated 5 days ago,I guess I am now a criminal !

Question. I guess it is a waste of time trying to reason with Euro as it appears the have handed it to the Debt' bounty hunters'.

should I write to the Debt people and deny/dispute the debt ?

Can they really obtain Judgement against me ?

Will they just keep hiking up the ammount ad infinitum ?

do not need this worry in my life but reluctant to give in to threats!

Will

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By all means admit to being the RK of the vehicle for this matters not one bit as to the legality or liability for payment. In admitting to being the RK, your next line should be that the PPC should take the matter up with the person driving at the time. Responsibility for payment (IF there was adequate signage, and IF a contract was formed agreeing to pay the amount being claimed) rests with the driver, which is not neccessarily the same person as the registered keeper of the vehicle.

 

Regarding DVLA releasing details, sadly there is not much that you can do. DVLA code of practice allows them to release details to those with a 'reasonable cause' to ask for them, and unbelievably DVLA believes that an unsolicited invoice from a PPC is just reason to part with YOUR information. The fact that they collect £2.50 for each request is, naturally, only there to cover costs, not to make a profit

 

Many people are now asking their MP to question the legality of DVLA selling data, but the stock answer when questioned is that their C of P allows them to do so and that unauthorised parking on private land is a massive problem which requires the landowner or agent to have some form of redress in order to chase drivers. When asked how the RK can possibly be held liable for a contract which may or may not have been formed by the driver, they did not see why the RK naming the driver to the PPC would be any big deal

[pin1onu]

5 days are up and you are a criminal. Not at all. This is a civil case. You have broken no laws. It's just another threat.

 

You could respond to them or you can keep your head in the sand.

If you want to write to them. Write to the DCA tell them the debt is disputed. Write to Euro and tell them the same. Use the templates. Chances are they'll eventually drop the matter.

 

You will get an official notification of any court proceedings in writing as you are entitled to enter a defense. Beware, some DCAs send out court papers which don't have the court seal on them and are just part of the threat process. If you do receive court papers post a new thread and there will be plenty around here to advise you.

 

If they do take you to court then yes they could get a judgement against you. Alternately you could get a judgement against their client. They didn't tell you that did they?

 

They can keep hiking up the amount as much as they want to. As far as a court will be concerned a judge will likely strike out all the extras and only look at the original amount involved. Any additional penalties are extraneous to any the orignal alleged contract and are therefore invalid. If you did lose the amount would likely be the original sum claimed plus maybe filing costs (around £30).

 

BTW as part of the court process you get to see what evidence the PPC have to back their case.

 

If you worried about your credit record being affected - if you lose you would have a CCJ entered against you. However if you pay up in the time stipulated by the court then the debt is marked satisfied on the CC register. Credit records are only affected if the debt is marked un-satisfied on the CC register i.e. if you don't pay. If you were applying for credit you might have to give details of the CCJ but as long as you have paid it and put the debt has been satisfied then your credit rating should not be affected.

[whiteskoda]

5 days are up and you are a criminal. Not at all. This is a civil case. You have broken no laws. It's just another threat.

 

You could respond to them or you can keep your head in the sand.

If you want to write to them. Write to the DCA tell them the debt is disputed. Write to Euro and tell them the same. Use the templates. Chances are they'll eventually drop the matter.

 

You will get an official notification of any court proceedings in writing as you are entitled to enter a defense. Beware, some DCAs send out court papers which don't have the court seal on them and are just part of the threat process. If you do receive court papers post a new thread and there will be plenty around here to advise you.

 

If they do take you to court then yes they could get a judgement against you. Alternately you could get a judgement against their client. They didn't tell you that did they?

 

They can keep hiking up the amount as much as they want to. As far as a court will be concerned a judge will likely strike out all the extras and only look at the original amount involved. Any additional penalties are extraneous to any the orignal alleged contract and are therefore invalid. If you did lose the amount would likely be the original sum claimed plus maybe filing costs (around £30).

 

BTW as part of the court process you get to see what evidence the PPC have to back their case.

 

If you worried about your credit record being affected - if you lose you would have a CCJ entered against you. However if you pay up in the time stipulated by the court then the debt is marked satisfied on the CC register. Credit records are only affected if the debt is marked un-satisfied on the CC register i.e. if you don't pay. If you were applying for credit you might have to give details of the CCJ but as long as you have paid it and put the debt has been satisfied then your credit rating should not be affected.

Many thanks for the advice.It is very intimidating to have the threat of Court procedings.

All simply because I did not see a new sign in a retail centre car park (which was previously always unrestricted),limiting the parking time with a £70 fine if they decided you had overstayed the 1 hr .

I shall look for the templates and perhaps I should send one to Euro,disputing the charge and being the driver,and another to Debt collectors disputing the debt ?

thanks Will

[whiteskoda]

Hi again,

just back after Easter to tackle the dreaded letter to the Debt/Credit company in response to their demand for money "to settle my (alleged)overdue account" with Euro CarParks.

Firstly having not acknowledged the receipt of the one and only letter from EuroPark, I would not be aware of any debt!

Should I write to the Debt collection people asking to explain the nature of this debt as I am not aware of any overdue account with this (EuroPark)company.

Would appreciate some guidance on the tone/wording of such a letter.

As I do not wish to say anything which might incriminate me and be assertive in denying any such claim.

Greatly appreciate any guidance on this.

regards Will

[Gunemdown]

Thanks for all the greatadvice on this oasis for people power. For the first time in my life I am going to stand up to these companies.

 

My car was issued with a ticket after being parked on a deserted ex-Superbowl car park in Leigh, Lancashire.

 

It says on the ticket "You are required to pay a parking charge of £85 within 28 days or at a reduced rate of £60 if paid within 14 days of issue." This is from Carpark Management UK Ltd, PO Box 201 Accrington

 

It goes on to say"Failure to pay the parking charge of £85 within 28 days from the date of issue will result in your vehicle licensing details being obtained from the DVLA and payment becomes £100. " and so on.....

 

Am I right in not acknowledging the parking ticket even though this may result in higher charges? I'm just a bit nervous....

 

I probably know the answer but just give me a bit of reassurance.... Thanks

[whiteskoda]

Thanks for the information.

it does sound as though these Debt collection people might well take me to Court.

If that happens, I am concerned about costs and of course receiving a CCJ againt me.

Not sure how to phrase a reply to inform them that I know of no such contract with their clients Euro carparks.

As having only been sent one letter from ECP (which I ignored)followed soon after by the Debt collecors letter.

Will

 

 

5 days are up and you are a criminal. Not at all. This is a civil case. You have broken no laws. It's just another threat.

 

You could respond to them or you can keep your head in the sand.

If you want to write to them. Write to the DCA tell them the debt is disputed. Write to Euro and tell them the same. Use the templates. Chances are they'll eventually drop the matter.

 

You will get an official notification of any court proceedings in writing as you are entitled to enter a defense. Beware, some DCAs send out court papers which don't have the court seal on them and are just part of the threat process. If you do receive court papers post a new thread and there will be plenty around here to advise you.

 

If they do take you to court then yes they could get a judgement against you. Alternately you could get a judgement against their client. They didn't tell you that did they?

 

They can keep hiking up the amount as much as they want to. As far as a court will be concerned a judge will likely strike out all the extras and only look at the original amount involved. Any additional penalties are extraneous to any the orignal alleged contract and are therefore invalid. If you did lose the amount would likely be the original sum claimed plus maybe filing costs (around £30).

 

BTW as part of the court process you get to see what evidence the PPC have to back their case.

 

If you worried about your credit record being affected - if you lose you would have a CCJ entered against you. However if you pay up in the time stipulated by the court then the debt is marked satisfied on the CC register. Credit records are only affected if the debt is marked un-satisfied on the CC register i.e. if you don't pay. If you were applying for credit you might have to give details of the CCJ but as long as you have paid it and put the debt has been satisfied then your credit rating should not be affected.

[pin1onu]

Thanks for the information.

it does sound as though these Debt collection people might well take me to Court.

If that happens, I am concerned about costs and of course receiving a CCJ againt me.

Not sure how to phrase a reply to inform them that I know of no such contract with their clients Euro carparks.

As having only been sent one letter from ECP (which I ignored)followed soon after by the Debt collecors letter.

Will

 

DCA write threatening letters for a living. Its all an attempt to scare you into paying. The DCA can't take you to court only their client can do that.

 

In your shoes I would write to the DCA saying that you dispute the debt. Under OFT guidelines they are obliged to refer it back to their client. Also write to Euro Car parks denying the debt.

 

Use the template letters in the stickies section and amend as necessary to fit your cirumstances. (Click here).

 

Just to reassure you it is very unlikely that this will go to court and even if it does there is every chance that you will win with a properly presented defense. There have been a number of cases in the press recently where PPCs have taken people to court and lost. The judges in these cases ruled that they were penalty charges and therefore unenforceable.

 

Also note even if you do lose your case and get a CCJ it will only affect your credit rating if you fail to pay the settlement ordered by the court. This settlement would likely only be the original amount claimed plus the filing fee and maybe some interest (charged at around 8%p.a.).

 

But as I've said this is very unlikely to see a court room.

[Ms Scarlett]

Hi there

 

I'm new to this forum and really really wish I'd known about it before now, you could have saved me £60!!!

 

I'll try to keep my story brief. My boyf lived (has just moved to mine this week!) in a block of new build flats with a private gated car park. Each apartment was allocated one parking space and there were 2 or 3 visitors spaces which were always taken. On the day in question (Boxing day!!) his space was taken and there were no visitors' spaces so I parked in the spot next to his and thought nothing more about it. Until we got back 2 days later to find a ticket attached to my windscreen for £60.

 

I called the company and they said they would put it on hold (it increases by £3 a day after a certain amount of time) while I sent in my appeal. I wrote in and explained the situation and foolishly appealed to their better nature. I didn't hear anything back for ages until I got a statement saying I now owed them £192!!! Apparently they had written twice before but I hadn't received those letters. The letter I did get was send 2nd class unregistered.

 

So I wrote them an extremely angry letter saying how unfair I thought it was etc etc and enclosed a cheque for £60 and said I refused to pay the extra charges as I considered them to be totally unreasonable. I haven't heard a peep from them since and that was a few weeks ago now.

 

Having read the various threads in this forum, I now see that I probably could have got away without paying by not telling them who was driving the car at the time and asking them to prove their case but I basically pooed my pants when I saw it had gone up to £192 and caved in! Is there any way I can get my money back? Is there any point in even trying?! Thanks in advance for any help.

[Ms Scarlett]

Sorry double post!

[Forever Forest]

Ms Scarlett

 

There's some solicitor in Mansfield claiming to be able to help people recover previously paid fines (There's an article somewhere on the forum). Don't know how successful this would be or whether it would be worth doing. He'd just beaten a private car parking company in court and was properley touting for business outside!!!

 

One of the experts will probably advise you further.

 

Good Luck!

[battyboomboom]

You don't need a lawyer. You can sue them in the small claims court, and you will almost certainly get your money back. Doubtless they have committed fraud.

 

Post up all the letter etc from them so we can advise best course of action.

 

I'm assuming this is UK PAO, so a big shout out goes to Steve - once you lose this case Stevie boy, the bailiffs will be coming round to that house of yours!

[Ms Scarlett]

Thanks very much guys. You're correct, it was indeed UK PAO. I'm so mad at myself for paying these thieving *"$*()!(%*s in the first place! Especially as I'm buying a house at the mo and got badly stung for NI this month so need every extra penny I can get!

 

I do have copies of the letters I sent but will have to have a root around at home to see if I can find the letter from them. I may have thrown them away out of sheer anger to be honest.

 

Essentially the letters from me stated my position and the response from them just rejected my claim and told me to pay up or else! Then there was the statement from them stating how much my "fine" had gone up to.

 

So what should I do next? Thanks for all your help.

[Barnsley Boy]

Ms Scarlet,

 

I too have had a run in with UK PAO [Hi Steve ] although, fortunately I discovered the forums before I was tempted to pay him.

 

I applaud your decision to fight back. It is important to remember that the courts will expect litigants to have tried "normal" means to recover monies prior to cout action.

 

The "pre-litigation protocol" would involve you in writing to UK PAO stating the amount paid and your reasons why it be reclaimed. When you either receive an unsatisfactory response or indeed none at all, you send a Notice to Proceed with County Court Action. [if no satisfactory response is received within 14 days......]

 

The claim itself would be by MCOL [Money Claim On Line], the small claims section of the County Court.

[Ms Scarlett]

Well I might as well give it a go, I have nothing to lose and £60 and a great deal of satisfaction to gain. I have used MCOL in the past to reclaim unpaid invoices from one of my customers (I run a small company) and was extremely impressed with their service and how easy it was to use.

 

So I'm thinking the letter should go something like this:

 

Dear Bastards (kidding, I'll write sir/madam!)

 

I write with reference to issue number XXX.

 

I have now taken legal advice on this matter and have come to the conclusion that the charge imposed on my vehicle was completely unreasonable and quite probably illegal. Furthermore your underhand tactics in increasing the charge by £3 a day caused me considerable stress and anxiety and the only reason I paid the £60 to you was due to the duress you put me under by saying that the charge had increased to £192.

 

I am therefore submitting a claim to you for the £60 to be refunded to me in full. If this is not done within 14 days of the date of this letter, I will commence legal proceedings against you to reclaim the full amount.

 

Yours sincerely

 

Ms Scarlett

 

Obviously this is just a rough draft and I would be extremely grateful for any amendments you think I should make.

 

So what do you think the odds are of my getting my money back? Am I right in thinking that the worst that could happen here is that I pay a small fee to the small claims court which will be non refundable if I lose? Does anyone know of anyone who has reclaimed parking charges that they have been daft enough to pay? I am still kicking myself so much for paying this! My boyf kept saying there must be ways round it but I thought I could appeal to their sense of fair play, idiot that I am!

[Forever Forest]

Don't know what your chances are but why refer to them as sir/madam ?? Your first reference was quite adequate !!!!

[harrazzedparker]

Like HarrassedMum, I also recieived a received a PCN from AS Secruri-t Ltd for parking at Wimbourne Market. I have not responded to their letter but now have received a second letter to say that it must be paid by the 21/4 otherwise they would forward my file to the collection department.

 

I was wondering if I should send them a letter using Howad0181's template.

Your Ref: XXXXXXXX

 

Dear Sirs

 

Re: Vehicle Reg XXXXXXXXXXXXXX

 

I have recieved an invoice from you dated XXXXXX in the sum of XXXXX. Would you please advise on what basis you feel that I have entered into any contract with either your company or the landlowner.

 

Yours faithfully

 

Any advice ?

[duntaxi2]

Please read this

Neil Herron: Death knell sounds for Private Land Parking Firms with landmark ruling

[pin1onu]

Please read this

Neil Herron: Death knell sounds for Private Land Parking Firms with landmark ruling

This story has appeared on the forums. The ruling is important as at least one judge has recognised Excel practices as illegal. However IMO it's not a landmark decision because it was only a County Court decision and not binding on any other court. However it does confirm the advice being by this forum is correct.

[dloper]

Oh Dear, my partner got a £70 'Parking Charge Notice' from Parking Eye today, issued on April 14th, relating to a 34 minute overstay in Aldis Elgin car park on April 8th. If paid within 14 days, she only has to pay £40. Having read the postings in this forum, we decided not to pay or to respond.

 

Aldi tell us that if we provide a receipt for that day for £30 or more, Parking Eye will waive the charge. Why would we keep a shopping receipt?

 

The notice says that details of how to appeal can be found at Welcome to the British Parking Association but this isn't very helpful.

 

The notice also says that paying will be deemed as an acceptance of a breach of the terms and conditions for the named car park. Seems to me that paying and then appealing would be futile if paying means we accept they are in the right. If we don't pay, there is the threat of a further £70 charge, plus 'liability for further charges'.

 

If a contract to use a free car park is breached, how can the sum demanded be reasonable damages for the loss of the parking space over a period of 34 minutes?

 

Can anyone tell me if the legal procedures etc are the same in Scotland?

 

I wonder what will come through the letterbox next...

[Barnsley Boy]

DON'T PAY!!!!

 

These pay and appeal statements are just a pure con. If you paid you would never get your money back, whatever the mitigating circumstances.

 

I'm no expert on Scottish Contract Law, there are, of course detail differences but I'm assured that the fundamentals are the same. These Private Tickets are no more enforceable in Scotland than they are in England - that is to say not at all.

 

The template letters [sticky at the top of the forum topics] should work fine since they don't mention specific legislation.