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Parking Charge Notice - Euro Car Parks - Pay it?

Hi All

Need some "enforcement" advice. Parking Car Notice fine courtesy of Euro Car Parks
  • How enforceable are these type of fines (i.e. private supermarket car parks)?
  • Do they have the same ramifications as a local authority/police parking ticket?
Any info would be most welcome

Thanks
«13

Comments

  • Wig
    Wig Posts: 14,139 Forumite
    They cannot require payment from the registered keeper just because they ARE the registered keeper. They will obtain the details of the registered keeper illegally from DVLA, and they will ask the registered keeper for payment. But the RK is not required to pay just by virtue of the fact they are the RK.

    The *ONLY* person who could be sued is the driver of the car at the time. And the RK has no obligation to tell them who the driver was.


    General advice on this is to ignore everything, no reply to anything, no attempt at appeal, zip, nada, nothing.


    Alternatively if the RK wants to send one letter in response to any letter from them, there are some previous threads here which have a template letter for this purpose.
  • exel1966
    exel1966 Posts: 4,990 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    The 'fine' is not legally enforceable as it isn't a fine in the true sense. It is a charge for parking which can only be recovered by taking you to court after the facts have been established and when they have proof as to who put the vehicle there. It won't happen !

    You'll get plenty of threatening letters from them so you can either do two things. Ignore them totally and eventually they'll stop or reasearch pepipoo and the forums where you'll find exactly the right worded letters to send to them which ultimately will stop the threats.

    Check out www.pepipoo.com for lots of advice.

    and relevant to you

    http://forums.pepipoo.com/index.php?autocom=ibwiki&cmd=article&id=56
  • bargepole
    bargepole Posts: 3,236 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    angrybarry wrote: »

    • How enforceable are these type of fines (i.e. private supermarket car parks)?
    • Do they have the same ramifications as a local authority/police parking ticket?
    Local authorities, police etc. can legally issue penalty notices. Only Courts can impose fines.

    Neither fines nor penalty notices have any legal standing if they are issued by private parking companies, supermarkets, plumbers, butchers, bakers or candlestick makers.

    Do not contact these people and do not respond to any of their threats of debt collectors, bailiffs or court action. It's all a complete load of hogwash.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Wig wrote: »
    They will obtain the details of the registered keeper illegally from DVLA, and they will ask the registered keeper for payment.

    When you say 'illegally' is that as in, breach of the data protection act, or are there legal ways to obtain my info from the DVLA?

    Just curious?

    And thanks for the info people, sounds like the general consensus is "get stuffed... prove it!" :)
  • bargepole
    bargepole Posts: 3,236 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    angrybarry wrote: »
    ... are there legal ways to obtain my info from the DVLA?
    The DVLA will provide registered keeper details to "anyone having reasonable cause for requiring it" for £2.50 per enquiry.

    So a government body is part of this scam, not that anyone at the DVLA cares, they'll take the £2.50 fees from just about anyone who asks ...

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • angrybarry wrote: »
    When you say 'illegally' is that as in, breach of the data protection act, or are there legal ways to obtain my info from the DVLA?

    Just curious?

    And thanks for the info people, sounds like the general consensus is "get stuffed... prove it!" :)


    The best advice is to ignore them completely. Don't engage in any correspondence.
  • Wig
    Wig Posts: 14,139 Forumite
    angrybarry wrote: »
    When you say 'illegally' is that as in, breach of the data protection act, or are there legal ways to obtain my info from the DVLA?

    Illegally as in breach of DPA, they cannot claim to have any contract with the RK, and the RK is under no obligation to inform them of who was driving, so IMHO they have no reasonable cause to be allowed the info from DVLA.
  • WooHoo, things are getting exciting, I've just received a "FINAL NOTICE" letter from a "recoveries" agency demanding £75 now. It's all in BIG RED writing on extremely high quality paper, I think I may frame it and put it in my downstairs loo.

    Must say the intimidation factor really annoys me, for your average busy mother n baby or family this could be quite distressing.

    Has anyone made it to court yet?

    Cheers
  • jscalow
    jscalow Posts: 297 Forumite
    I love this thread ! Don't give in to them and I hope they waste a shed load of dosh pursuing it. I'm off to park at sommerfields for the day just to antagonise those morons.
    keep up the good work !
  • Google the recovery agency. Chances are you'll find they're in the same office as the car parking company.

    In other words, not an agency at all.
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