Parking Tickets

[bartonski]

im afraid i cant, dont have a scanner. bugger thats crap. ive spent the last 6 years paying off loans, clearing depts and improving my credit score only to be screwed up like this. looks like i might have to pay

[michdug]

Apologies if I havent spotted a simliar type Q. but I received a Penalty Charge Notice..basically my Blue badge was displayed incorrectly (expiry date face down)..So am appealing that...I was present when it was issued.Then the attendant went all around my car photographing it and me stood by the door..At no stage did he ask for my consent to do so,and am led to believe under the Data Protection Act this "person" should have got my consent/permission..Any knowledge...????

[seylectric]

bartonski;

 

Highly unlikely. They can only (possibly) take out a CCJ for the original fine, and even then it's no guarantee that it will be paid. If the councils did this with every non payer it would cost them a fortune, and I have yet to hear of anyone receiving a CCJ for an unpaid parking ticket. I'm not even sure they can do, it's not quite the same as a civil debt.

 

If they start getting letters returned saying that the addressee has gone away it would certainly cost them more than it was wirth to try and trace you.

[bartonski]

ok great. ive managed to talk them into reducing the fine for two tickets to 50 each from 100. that helps alot. the worst one for 150 is a little more difficult as its gone past the charge certificate phase and onto the dept collection agency

[timwils]

try here

 

parking tickets - London and the UK

[Antibankvillain]

This is very interesting, but can anyone tell me if this applies to private parking areas ie Vinci have issued me an £80 charge for parking at a hospital! The hospital has sold the rights for parking to vinci, does this mean they can do anything they like? Does the white line thing apply as they are in a terrible condition at this particular car park?

 

Thanks,

David

[seylectric]

For the life of me I do not see how the law can allow a private company to fine you. Decrminalisation is one thing but parking schemes operated by private companies are no more legal in my opinion than it would be for you to charge them £60 for returning the letter to them.

[dw190]

For the life of me I do not see how the law can allow a private company to fine you. Decrminalisation is one thing but parking schemes operated by private companies are no more legal in my opinion than it would be for you to charge them £60 for returning the letter to them.

 

I agree. There is no legislation in place, the thing they rely on is implied contract, but even this would have to be with the driver and not the registered keeper.

 

If ever I received a letter from a private company I would simply write a short letter disputing any contract and suggest they contact the driver (This makes for good evidence in court if they did try it on) . You are under no obligation whatsoever to provide them with details of the driver.

[timwils]

try here parking tickets - London and the UK

[seylectric]

try here parking tickets - London and the UK

 

Probably one of the least useful sites unfortunately and is really just a leader to get you to sign up for ticketbusters (£9.99). All the information you need and more is available here for free - most of it on this thread!

[dave]

Yeah - I saw that.

 

I don't suppose someone (with more knowledge than I) want's to draw up a mini parking FAQ for a sticky in this forum do they?

 

It'd be greatly appreciated ;-)

[seylectric]

I'm working on it, don't hold your breath though!

[dave]

Excellent, thanks.

 

If I can do anything to help speed it up, let me know.

[deemacperth]

I'll knock up a few points as well Dave, the thing that's going to stall it just now though is that there's a test case going through the high court regarding the wording of the PCN's so we'll get a definitive answer then. One of the councils appealed an NPAs decision.

 

In regards to the private parking situation, it is a case of an implied contract that has to be adequatly advertisied to you so that your implied acceptance can be assumed.

 

Another argument to throw into the pot with the puntive penalty they impose is that it also breaches the Human Rights Act 1998 as that Act dictates that a punishment must be proportionate to the offence. An £80 penalty for not buying a £5 parking ticket is not proportionate.

[timwils]

If my suggestion for parking tickets uk, is one of the "least useful sites" then perhaps someone would like to point me in the direction of the more useful sites.thanks 0h by the way ihave challenged many tickets and won on the basis of the yellow lines not being continuous.or not having a t-bar on them.

[dave]

Hey, don't take offence - I'm sure it was just a personal opinion ;-)

 

Anyway, back to this:

 

Human Rights Act 1998 as that Act dictates that a punishment must be proportionate to the offence.

 

Can you point me in that direction please?

 

I have a thought (not related to parking), regarding the credit reference agency.

 

If you are defaulted for £10 say, then you have 6 years of not being able to get bank accounts, insurance on 'tick' etc... Is this proportionate to 'offence' - I'm not sure that it is. Do you think this would be covered by the ECHR act?

[JonCris]

Hey, don't take offence - I'm sure it was just a personal opinion ;-)

 

Anyway, back to this:

 

 

 

Can you point me in that direction please?

 

I have a thought (not related to parking), regarding the credit reference agency.

 

If you are defaulted for £10 say, then you have 6 years of not being able to get bank accounts, insurance on 'tick' etc... Is this proportionate to 'offence' - I'm not sure that it is. Do you think this would be covered by the ECHR act?

 

Most certainly & I have raised this here before. I spent 4 years before succeeding in having 2 defaults removed. During my battle I discovered the CRA's do not in any check the info. They take it on face value from their clients. When I complained about this I was told "we don't have the facilities" to which i responded by saying "in that case bearing in mind the affect the information you hold can do to as persons life do you really consider you are fit & proper persons to operate such registers.

 

Like government they have a duty to ensure that the information they hold is true & accurate & not abused. This applies not only in ECHR but also in common law. They owe us a "duty of care" as does any person or organisation which could cause us harm.

 

I got the distinct impression when dealing with them that are terrified of being taken to court by a consumer whom they defamed by storing inacurate information. Particularly if the case involved someone who has told them (sometimes repeatedly) that the information is false

[deemacperth]

Actually, strike that last one. Thinking about it and doing some more reading, I don't think it's going to apply to private contracts. I think it's only going to be effective when dealing with a governmental authority.

 

http://www.ucl.ac.uk/laws/environment/civil-penalty/

 

See half way down the Human Rights paragraph.

 

Using DPE as an example:

 

They've decrimilasied parking to pursue it as a civil matter, this can still be safeguarded under the HRA if for example you overstayed your parking by 10 minutes, is a £60 penalty proportionate to 20p in lost revenue.

[deemacperth]

Again, strike the last comment out.

 

As a private firm has been contracted to enforce the parking at a public authority establishment - the hospital, then this is of interest:

 

Private companies that are doing

government work, such as organisations that

run private prisons, will also be public authorities

within the Act in respect of that work. If a

public authority of this kind has breached

Convention rights, a claim can be brought

against it.

[JonCris]

Again, strike the last comment out.

 

As a private firm has been contracted to enforce the parking at a public authority establishment - the hospital, then this is of interest:

 

 

 

Yes you would still take action against the public body. After all their contract with whoever is none of your concern as your not a party to it

[LolStevo]

What if you dont get a ticket at all just a letter a month later demanding £75 within 7 days!!! where do u stand?

[seylectric]

Stand? just roll about on the floor laughing. No ticket = anything after that is invalid.

[LolStevo]

really? i received one (see my other post-weird one) and my sister has had 3 of them, she never recieved any tickets at all. how do i act now?

[JonCris]

What if you dont get a ticket at all just a letter a month later demanding £75 within 7 days!!! where do u stand?

 

Please explain where you & your sister parked to get the ticket

[LolStevo]

it was in a macdonalds car park! no ticket was left on the windscreen, nothin!