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overstaying in private car parks

McKneff
McKneff Posts: 38,857 Forumite
Part of the Furniture 10,000 Posts Name Dropper
i know that if i have a 'fine' if i have overstayed in a private car park
and just to ignore any letters/fines that come through the letterbox.
but how long do you ignore them. When you do eventually have to reply to them ie after they threaten you with court action, is there a template letter.

i seem to remember somewher on this site that ii is not a fine, it is in fact an invoice and not legally binding and something about contracts but i cant seem to find it.

can anyone explain in plain english
make the most of it, we are only here for the weekend.
and we will never, ever return.
«1

Comments

  • anewman
    anewman Posts: 9,200 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Just ignore them. They will threaten clamping, bailiffs, court action and anything. The only thing of which they are legally entitled to do is take court action, but chances are they will not as chances are they will lose. Ignore and continue to ignore them. Do not send any kind of letters back :)
  • mymatebob
    mymatebob Posts: 2,199 Forumite
    http://www.pepipoo.com/

    You should get all your answers on that site.

    I got a letter saying that a company were taking me to court but if I paid the fee I could avoid this.

    This was about the fourth letter.

    I called the court in question and was told there was no such case.
    the company were just trying it on.

    Keep ignoring the letters.
  • Wig
    Wig Posts: 14,139 Forumite
    Keep ignoring all the letters, you could even return them to sender unopened if you learn to recognise them. This may help them to realise the game is up.

    Also close the door on any callers who say they are there to collect this debt. Do not identify yourself to any caller until you are sure about who they are and what their business with you is.


    The only time you need to sit up and take notice is when there is a letter from the court, informing you a case has been laid against you.
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Wig wrote: »
    Keep ignoring all the letters, you could even return them to sender unopened if you learn to recognise them. This may help them to realise the game is up.
    Or, if you really want to wind them up, shred their letter and send the pieces back to them in an envelope marked "check enclosed", with no stamp so they have to pay the postage.

    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.
  • i know you can ignore them etc, i find it easier to abide by their rules in the first place, easier to work with the system than against it
  • mymatebob
    mymatebob Posts: 2,199 Forumite
    i know you can ignore them etc, i find it easier to abide by their rules in the first place, easier to work with the system than against it


    I am sure that the majority do like to play by the rules which is why we find these "businesses" with their unenforceable and illegal tactics, such a nuisance.
  • By paying a fee to park in advance aren't you deemed to accepted their conditions and agree to abide by them
    It's taken me years of experience to get this cynical
  • headpin
    headpin Posts: 780 Forumite
    Part of the Furniture 500 Posts
    And NEVER EVER admit to being the driver of the vehicle at the time they suggest their rules were infringed .

    The infringement is by the driver and any action they may wish to progress can only be against the driver. Unless you admit to being the driver it is extremely unlikely that they would be able to provide eveidence to identify the driver, even if it was you. All they do is obtain the details from the DVLA of the Registered Keeper of the vehicle with the Registration Number that they have recorded. That only proves who the Registred Keeper is and not who the driver was.

    The law DOES NOT require the Registered Keeper to provide any details to these private organistaions. This of course is different to motoring offences commited on the public highway where the Registered Keeper must provide details of the driver or otherwise face the consequences themselves. Private companies rely upon peoples ignorance of this fact and then use bully boy tactics to harrass and intimidate people.
  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    i know you can ignore them etc, i find it easier to abide by their rules in the first place, easier to work with the system than against it

    You can't have rules in a contract. You can have terms, but both sides must agree to them. And you can't have penalties either.

    ETA: You will find that under the new 2008 Consumer Regulations laws that most of these PPC scammers are, in fact, breaking the law.
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    in what way are they breaking the law?
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
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