Parking Fines

Ebe_Scrooge

Can anyone answer a quick question, please. There are numerous threads on here regarding people being fined for parking offences. The general consensus seems to be that the Police or Council can fine you, but a private company cannot ( although they try ).

My question is, what about the likes of NCP ? If you park in an NCP car park, and fail to display the ticket or overstay the time, can they legally fine you ? I assume a council-owned car park will be allowed to fine you, but what about NCP which is a private company ?

McAzrael

If YOU enter one of their car parks and knowing that it is chargeable and YOU breach the conditons then they are entitled to remedy. They, of course, will have to prove this (including that it was YOU who parked there) on a balance of probabilites, which may prove tricky for them. It won't be a fine - it will either be a charge or liquidated damages.

Ebe_Scrooge

Ah, that makes sense, thanks. Bang goes my idea of getting out of the extortionate rates they charge across the road from work :-)

lil-caggs

does anyone have any ideas of how to get out of a parking fine at a train station, for parking in disabled bay without a disabled sticker.

any loopholes at all?
the car park, which is supposed to be a park and ride was completely full and I had no option but to park there, I was wondering whether there was anything with regards to how the park and ride caters for the numbers within the area?

thanks

Horace

lil-caggs wrote: »

does anyone have any ideas of how to get out of a parking fine at a train station, for parking in disabled bay without a disabled sticker.

any loopholes at all?
the car park, which is supposed to be a park and ride was completely full and I had no option but to park there, I was wondering whether there was anything with regards to how the park and ride caters for the numbers within the area?

thanks

You could try appealing the ticket and claiming mitigating circumstances but you shouldnt have parked in a disabled bay because you have prevented a disabled person from doing so. Check with your local council as they are the ones that run the park and ride system - ask them what their rules are.

Wig

McAzrael wrote: »

If YOU enter one of their car parks and knowing that it is chargeable and YOU breach the conditons then they are entitled to remedy. They, of course, will have to prove this (including that it was YOU who parked there) on a balance of probabilites, which may prove tricky for them. It won't be a fine - it will either be a charge or liquidated damages.

Considering they have your car, and they won't let you leave with your car until you have paid or identified yourself. You have no option but to pay the extra charge.

Don't they usually say something like those who stay longer have to pay for a greater period of stay (like an all day charge).

Failing to display could be dealt with in a similar way.

I think the car parks that you display a ticket in, don't have exit barriers do they?

I would think, if you got a ticket for failing to display and you were free to drive out, they would have to show the court that
1. You agreed to be charged that amount for failing to display a ticket.
2. They would have to justify (to a court) that they lost that amount as a result of you not displaying.

Wig

lil-caggs wrote: »

does anyone have any ideas of how to get out of a parking fine at a train station, for parking in disabled bay without a disabled sticker.

any loopholes at all?
the car park, which is supposed to be a park and ride was completely full and I had no option but to park there, I was wondering whether there was anything with regards to how the park and ride caters for the numbers within the area?

thanks

Train station parking tickets are not necessarily council issued. I'd go as far as guessing that the majority of them would not be. I think there's a chance you could get away without paying.

The people at pepipoo would be the best to ask on this. I wouldn't appeal it until I had talked to pepipoo, if you appeal it, you identify yourself as the driver, that is half of their work done, given to them by you on a plate.

McAzrael

Wig wrote: »

Considering they have your car, and they won't let you leave with your car until you have paid or identified yourself. You have no option but to pay the extra charge.

Don't they usually say something like those who stay longer have to pay for a greater period of stay (like an all day charge).

Failing to display could be dealt with in a similar way.

I think the car parks that you display a ticket in, don't have exit barriers do they?

I would think, if you got a ticket for failing to display and you were free to drive out, they would have to show the court that
1. You agreed to be charged that amount for failing to display a ticket.
2. They would have to justify (to a court) that they lost that amount as a result of you not displaying.

Part 2 is not correct. The excess fee is an agreed charge and not liquidated or unliquidated damages. They would have to show the court that it was you who agreed to the charge - that's the difficult bit for them.

Pete268

Wig wrote: »

Train station parking tickets are not necessarily council issued. I'd go as far as guessing that the majority of them would not be. I think there's a chance you could get away without paying.

The people at pepipoo would be the best to ask on this. I wouldn't appeal it until I had talked to pepipoo, if you appeal it, you identify yourself as the driver, that is half of their work done, given to them by you on a plate.

Hi,

Tickets issued at Railway Stations and Railway Station Car Parks are a tricky one as they maybe issued under the Railway Bylaws and as such are enforceable (even if issued by a private contractor to Network Rail or whatever they are called nowadays). Thus under said railway bylaws they can enforce against the vehicles owner for an offence and not necessarily have to trace the driver.

Pepipoo is probably the best bet but the poster may not escape this one.

Peter

daiperks

McAzrael wrote: »

Part 2 is not correct. The excess fee is an agreed charge and not liquidated or unliquidated damages. They would have to show the court that it was you who agreed to the charge - that's the difficult bit for them.

I parked in a free private car park although I didn't realise it was private. I had a letter charging me £75 for parking there longer than 30 minutes. The letter was from a private parking management company. From what I can gather it seems that my best defence is to deny that it was me who was driving the car at the time as the law states it is the driver, not the registered owner who is liable. Being a private car park and a private company, they will be unable to prove it was me, especially as my offence was not criminal. Also, the 30 minute sign is not that clear!

Hintza

daiperks wrote: »

I parked in a free private car park although I didn't realise it was private. I had a letter charging me £75 for parking there longer than 30 minutes. The letter was from a private parking management company. From what I can gather it seems that my best defence is to deny that it was me who was driving the car at the time as the law states it is the driver, not the registered owner who is liable. Being a private car park and a private company, they will be unable to prove it was me, especially as my offence was not criminal. Also, the 30 minute sign is not that clear!

Unless of course they have photographed you!