Private Parking Companies! Don't Pay 'Fines'

Giblets · 16 January 2008 at 8:48PM

Seems that there is a lot of confusion about parking 'fines' recieved in private car parks, lets get this right, these are 'invoices' not fines!

Private parking companies have no legal right to fine you ( so telling you are parking 'illegally' is false), only the local council etc can fine you.
If you recieve a 'charge', 'penalty' or 'fine' from these people, it is totally unenforceable. These invoices are covered under contract law, and they have to prove that you agreed to the terms and conditions (without you signing anything they can't).
Also unlike councils, the invoice is to the driver of the vehicle, not the registered keeper, and again, unlike councils etc, you are under absolutely no obligation to divulge the driver of the vehicle.
They will send you letters etc, telling you you are acting illegally, you will be taken to court ( the only people to have lost cases just don't turn up etc). Tell you baliffs will come ( who have no rights without a county court judgement), or tell you your credit rating will be affected (again only after a county court judgement, in which case you still have 30 days to pay).

So the moral is? If you get a parking 'fine' from a parking company like 'eurocarparks'? Throw it away, it is unenforceable! And if they use terms like 'Penalty charge Notice', they are breaking the law for impersonating the Law!

bootman · 16 January 2008 at 9:28PM

We got one before Christmas. We were parked just over the line next to a concrete bollard in a multi story, so the last space in the row.

We got issued one for 'obstructive parking'

I did a lot of research and found like you have said we could ignore any letters, but I ended up paying the £20 because it is a lease car.

The letters would go to the lease company that they would send out, and they would charge me £25 admin to forward it on.

It is a scam and very wrong, I think it should be one Martin picks up on myself.

Giblets · 16 January 2008 at 10:58PM

A lot of people have turned this round as the elasing company states parking fines, and clearly this is not a parking fine, also they are paying for something that you have not agreed to pay. So it is their own fault, am sure the guys on pepipoo will point you in the right direction to cancel that.

moonrakerz · 17 January 2008 at 1:28PM

Giblets wrote: »

They will send you letters etc, telling you you are acting illegally, you will be taken to court ( the only people to have lost cases just don't turn up etc). Tell you baliffs will come ( who have no rights without a county court judgement), or tell you your credit rating will be affected (again only after a county court judgement, in which case you still have 30 days to pay).

You mean that they are behaving just like TV Licensing !!!

seftonsun · 17 January 2008 at 4:15PM

moonrakerz wrote: »

You mean that they are behaving just like TV Licensing !!!

I'm not clear what you are trying to suggest? Not having a TV Licence when you own receiving equipment is unlawful. TV Licencing enforcement officers have legal powers and you can be taken to court for a criminal offence and if you are found guilty and do not meet the sentence handed down (normally a fine) then you could have the bailiffs knocking.

However, to the best of my recollection the TV Licencing enforcement officers only have very limited powers and you are under no duty to let them in to your property, where they could actually then see the evidence for themselves or make you admit the offence. The duty is on them to prove you have the receiving equipment.

So, can you please be more explicit about what you are saying?

moonrakerz · 17 January 2008 at 5:54PM

seftonsun wrote: »

So, can you please be more explicit about what you are saying?

What I am trying to suggest is that TV Licensing act in a similar bullying way to the car park "bandits" described in the first post.

"Not having a TV Licence when you own receiving equipment is unlawful". You are totally incorrect in that statement - it is unlawful to watch or record live TV broadcasts without a licence - you can own as many TVs as you like - indeed watch pre-recorded DVDs or tapes and you do not need a licence.

"TV Licencing enforcement officers have legal powers "
The title "officers" is one which they have conferred on themselves, it has no more meaning than if I were to call myself King of Wiltshire.
They have NO legal powers whatsoever ! I have actually (quite legally) forbidden these "officers" from setting foot on my property.

If you had read one of the many threads about TV Licensing on this site you would,
a. have the correct facts
b. have realised what I was saying.

PS: you don't work for Capita do you ?

banger9365 · 18 January 2008 at 12:29AM

havent the laws changed this week so they can enforce the park thing or have i missunder stould it again http://news.bbc.co.uk/1/hi/uk/7184510.stm

Giblets · 18 January 2008 at 11:25AM

This changes nothing at all, again this only affects local authorities, who are legally entitled to fine you.

Private parking companies on the other hand are acting under contract law, and have to prove that:

You have agreed to the terms and conditions that they have stated( i.e read the small print they put up on a board somewhere)
You were driving the vehicle at the time, they will send the registered keeper a note, however, you are under NO obligation to reveal the driver (unlike for speeding tickets etc). You may reply and tell them they should contact the driver of the vehicle at the time not yourself, but you are better off just ignoring them.

I really do hope Matin picks up on this, the ignorance surrounding this is incredible! Even news papers etc are in on the deal. Even mroe dangerous are the clampers who refuse anything but cash! They do this because if you pay by credit card you can claim it back immediately as it demanded with mennaces!

Nail_Lad · 18 January 2008 at 1:46PM

What happens if they clamp you and refuse to release the clamp until you pay £100. Is this enforceable? Assuming it isn't, how the heck do you get out of it without a set of bolt cutters!?

You're dead right though, Martin should pick up on this in his weekly mail.

chris147_2 · 18 January 2008 at 7:50PM

If you are parked and clamped there needs to be signs up stating that you can't park there.

Pretty sure that once clamped you will have to pay to get it released. I think in order to clamp though the clamper has to be recognised now by the SIA. If not then they can't clamp you.

I was also told by a clamper (wasn't me that was clamped) that if anyone else touches the clamp they are acting illegally although I think he was trying to big himself up a bit.

It would be interesting to know what would happen if you got clamped, lifted your car on to a tow truck then returned the clamp undamaged at a later date if an offence is committed? Obviously it's not theft because you have no intention to deprive the other person of it. Hmmmmm

tomstickland · 18 January 2008 at 8:02PM

I watched some trash TV once about clampers and a builder who cut a clamp off was taken to court for criminal damage.

Private Parking Companies! Don't Pay 'Fines'

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