Parking fine by a private company - enforcable?

penyekz · 23 November 2007 at 11:17PM

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?

anewman · 23 November 2007 at 11:50PM

there's a site called pepipoo which has all this sort of stuff.

taxiphil · 24 November 2007 at 12:42AM

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

anewman · 24 November 2007 at 1:31AM

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.

Happychappy · 24 November 2007 at 8:43AM

anewman wrote: »

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.

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".

thescouselander · 24 November 2007 at 10:42AM

Follow this link, it has everything you need to know including letter templates.

http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/

taxiphil · 24 November 2007 at 12:50PM

anewman wrote: »

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.

Happychappy wrote: »

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".

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.

Conor_3 · 24 November 2007 at 1:14PM

taxiphil wrote: »

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.

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.

taxiphil · 24 November 2007 at 1:34PM

Conor wrote: »

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.

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.

Happychappy · 24 November 2007 at 3:32PM

taxiphil wrote: »

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

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.

anewman · 24 November 2007 at 4:48PM

Happychappy wrote: »

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.

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.

Parking fine by a private company - enforcable?

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