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Main site > Forums > Parking fine by a private company - enforcable?

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- By penyekz 23rd Nov 07, 11:17 PM
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Parking fine by a private company - enforcable?
- #1
- 23rd Nov 07, 11:17 PM
Parking fine by a private company - enforcable? 23rd Nov 07 at 11:17 PM

#1
I received a parking charge notice from a private company CMS UK Limited. they want £50 within 14 days and this increases every 7 days. They say I can appeal but need to make payment in the interim.... and the fee will be refunded in full if the appeal is successful.... yeah right!!! LOL...

I remember reading somewhere that PCN's issued by private companies are not enforcable. Is this true? please advice?
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- By anewman 23rd Nov 07, 11:50 PM
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- #2
- 23rd Nov 07, 11:50 PM
#2

23rd Nov 07, 11:50 PM
there's a site called pepipoo which has all this sort of stuff.
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- By taxiphil 24th Nov 07, 12:42 AM
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- #3
- 24th Nov 07, 12:42 AM
#3

24th Nov 07, 12:42 AM
You're absolutely right. Don't pay them a penny. Have a look at this excellent post from a recent thread which sums it all up perfectly:

http://forums.moneysavingexpert.com/showpost.html?p=6605384&postcount=24
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- By anewman 24th Nov 07, 1:31 AM
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- #4
- 24th Nov 07, 1:31 AM
#4

24th Nov 07, 1:31 AM
Should we all look for private car parks and just park up and not pay fines though? When everyone does that they'll go the extra step and start clamping cars so they can extort you in style, cause you don't get your car till you pay up.
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- By Happychappy 24th Nov 07, 8:43 AM
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- #5
- 24th Nov 07, 8:43 AM
#5

24th Nov 07, 8:43 AM
“
Should we all look for private car parks and just park up and not pay fines though? When everyone does that they'll go the extra step and start clamping cars so they can extort you in style, cause you don't get your car till you pay up.
Originally posted by anewman ”
Absolutely right, today is becoming a stuff you and why me society, nobody has responsibility for anything and everyone just says "I didnt know so why me".
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- By thescouselander 24th Nov 07, 10:42 AM
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- #6
- 24th Nov 07, 10:42 AM
#6

24th Nov 07, 10:42 AM
Follow this link, it has everything you need to know including letter templates.

http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/
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- By taxiphil 24th Nov 07, 12:50 PM
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- #7
- 24th Nov 07, 12:50 PM
#7

24th Nov 07, 12:50 PM
“
Should we all look for private car parks and just park up and not pay fines though? When everyone does that they'll go the extra step and start clamping cars so they can extort you in style, cause you don't get your car till you pay up.
Originally posted by anewman ”
“
Absolutely right, today is becoming a stuff you and why me society, nobody has responsibility for anything and everyone just says "I didnt know so why me".
Originally posted by Happychappy ”
Not at all. Nobody is suggesting not paying the parking fee in the first place. And nobody is suggesting the parking company isn't within their rights to reclaim their original fee if you don't pay it. Clearly you would be in breach of contract. The parking company is fully entitled to their fee.

This is just a basic question of law - the "fines" being demanded by these private parking companies would never succeed in court because they are actually penalties which don't reflect their losses.

Just like the bank charges, the sensible thing to do is not give the company any reason to make these charges in the first place.
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- By Conor 24th Nov 07, 1:14 PM
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- #8
- 24th Nov 07, 1:14 PM
#8

24th Nov 07, 1:14 PM
“
This is just a basic question of law - the "fines" being demanded by these private parking companies would never succeed in court because they are actually penalties which don't reflect their losses.
Originally posted by taxiphil ”
How do you know? I delivered once to an Industrial Park where all the roads on it are private. Someone parked close enough to a business entrance that I couldn't get in to deliver. Now this time it didn't cause a problem but I've been to places doing "rush jobs" where they've stopped production where they're losing over £1000 every hour they can't operate.
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- By taxiphil 24th Nov 07, 1:34 PM
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- #9
- 24th Nov 07, 1:34 PM
#9

24th Nov 07, 1:34 PM
“
How do you know? I delivered once to an Industrial Park where all the roads on it are private. Someone parked close enough to a business entrance that I couldn't get in to deliver. Now this time it didn't cause a problem but I've been to places doing "rush jobs" where they've stopped production where they're losing over £1000 every hour they can't operate.
Originally posted by Conor ”
I think the blocking of entrances is an entirely different matter to using a designated car parking space without paying a fee, which is what was being discussed. A land owner could claim for actual losses provided these could be proved and that terms were clearly displayed on the land.

But in 99.9% of cases I think it's fair to say the only loss suffered when you don't pay a parking fee in a private car park is the cost of the parking fee itself.
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- By Happychappy 24th Nov 07, 3:32 PM
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- #10
- 24th Nov 07, 3:32 PM
#10

24th Nov 07, 3:32 PM
“
You're absolutely right. Don't pay them a penny. Have a look at this excellent post from a recent thread which sums it all up perfectly:

http://forums.moneysavingexpert.com/showpost.html?p=6605384&postcount=24
Originally posted by taxiphil ”

Sorry ? how does your perfectly right dont pay them a penny work out with your arguement Not at all. Nobody is suggesting not paying the parking fee in the first place. And nobody is suggesting the parking company isn't within their rights to reclaim their original fee if you don't pay it. Clearly you would be in breach of contract. The parking company is fully entitled to their fee.

How can a private company operate its business and try and keep its land claer of people who dont give a stuff and park where they like ? I except your position of dont park there and give them reason to impose charges, but unfortunately with the growing band of I do what I likes coz I can ? means something needs doing.

If a company has a sign saying any unauthorised parking will be subject of a £50 what is the answer ? offer to pay 10p when the company is trying to deter motorists who cant read or cant be arsed to? I know the answer is Clamp them and then discuss after, this is what it will lead to from mindless individuals who don't give a stuff.

I have a friend who runs a business and on a Saturday he has numerous problems trying to get deliveries in and out due to people who park on his land, and everyone of them has the same glazed expression and the I didnt see the sign but Ive only been 2 minutes excuse. The signs are 5' x 5' reflective.
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- By anewman 24th Nov 07, 4:48 PM
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- #11
- 24th Nov 07, 4:48 PM
#11

24th Nov 07, 4:48 PM
“
I have a friend who runs a business and on a Saturday he has numerous problems trying to get deliveries in and out due to people who park on his land, and everyone of them has the same glazed expression and the I didnt see the sign but Ive only been 2 minutes excuse. The signs are 5' x 5' reflective.
Originally posted by Happychappy ”
Although I guess this post is more about a private car park with marked bays, when I was in hospital having an Op, I noticed someone obstructed a loading bay at the hospital with big clear signs. A lorry was struggling to get past for quite a while, and he put the car's mirror in etc. Ok I am guessing it was probably the case that the lorry's delivery was delayed and no lives were lost, but my guess is someone's got to have contributed to someone's death as a result, just because they were "only going to be a minute or two".

Oh and if it costs businesses thousands, maybe it's cheaper to smash their window, let the handbrake off take it out of gear and push it out of the way then pay the car owner the cost to repair it. Would also be a good lesson to the car owner.
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- By shown73 24th Nov 07, 11:53 PM
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- #12
- 24th Nov 07, 11:53 PM
#12

24th Nov 07, 11:53 PM
Once again there is difference between the legitimate business or landowner who is exasperated trying to keep their space clear in the face of utterly inconsiderate parkers, and who employs private contractors who exhibit clear unequivocal signs, and the fly-by-night, shaven headed brigade who put up miniscule signs, if any, with the clear objective of making easy money. There is a clear difference, and it baffles me that the self-righteous, tub thumping brigade can't see it. Our parking laws encourage extortion. At one time, obstructing the Queens highway was illegal, and this included any sort of interferance with property. Once again, as so often, common sense is the first casualty. I wonder what the reaction would be if computers could be immobilised, pending the payment of huge fines, just because someone objected to the way it was being used.
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- By penyekz 25th Nov 07, 12:57 AM
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- #13
- 25th Nov 07, 12:57 AM
#13

25th Nov 07, 12:57 AM
Thank you very much for all your posts. Lots of useful information learned.

Let me clarify the situation in which I got the ticket...

I'm work in a hospital and had to attend an emergency. I parked in a disabled spot - Of which there were 30 and all were empty at 6pm on a friday. I did this because the hospital security guard once told me (off the record) it was ok as they don't clamp/fine once off peak AND I had to attend the emergency quickly. The fine was put on by a private company CMS Ltd and not the hospital so appealing to the hospital would be useless. As for appealing to a private company whose job is to earn profit, I don't see them giving this an unbiased look.

A bit unfortunate isn't it.... I may start by asking the hospital parking staff if they can do anything about it but from reading the PCN-style ticket, I don't think its likely.
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- By anewman 25th Nov 07, 1:04 AM
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- #14
- 25th Nov 07, 1:04 AM
#14

25th Nov 07, 1:04 AM
“
I'm work in a hospital and had to attend an emergency.
Originally posted by penyekz ”
IMO if they want you to attend an emergency they should be able to allow you to do so unimpeeded.

You could have refused to attend the emergency, or refuse to attend future emergencies until the parking situation is sorted! Surely all it would take is for the hospital to make some tax disc style passes that would get the thumbs up from the parking people.
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- By anewman 25th Nov 07, 1:28 AM
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- #15
- 25th Nov 07, 1:28 AM
#15

25th Nov 07, 1:28 AM
No doubt they were next to the entrance. Suppose it may only have saved the OP 20 seconds depending on the distance of other spaces. Perhaps they need to have an "emergency response" bay marked near the entrance for permit holders only,
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