Private Parking Ticket

mymatebob

TiTheRev wrote: »

Is it worth the risk if he could get chucked off his course and potentially ruin his LIFE career oppertunities for a parking ticket that he deserves, agreed by signing the student conduct contract, but just cant afford???

I assume he didn't sign a contract so that potential illegal fines/penalties could be imposed.

He may well have been in the wrong to park as he did, however if there are rules that have not been followed regarding the procedure for issuing said fine/penalty then two wrongs do not make a right.

And he will have learned a valuable LIFE lesson in that you don't have to let people walk all over you all of the time

mustrum_ridcully

mymatebob wrote: »

I assume he didn't sign a contract so that potential illegal fines/penalties could be imposed.

He may well have been in the wrong to park as he did, however if there are rules that have not been followed regarding the procedure for issuing said fine/penalty then two wrongs do not make a right.

And he will have learned a valuable LIFE lesson in that you don't have to let people walk all over you all of the time

They may well be legal if you sign up and agree to them, much like library fines. In my day at least on enrollment every year I'd basically sign a contract with the university that would tie me (and the university) to a whole raft of regulations and would list penalties for things such as plagarism, not returning library books on time, etc...

I suspect that universities are far more hot on that side of things now that students are fee-paying customers and hence more likely to face legal action.

Conor_3

mymatebob wrote: »

I assume he didn't sign a contract so that potential illegal fines/penalties could be imposed.

He accepted the contract when he started the course and paid the fees.

Conor_3

Pew_Pew_Pew_Lasers! wrote: »

It matters not what they insert into a contract. You cannot sign away your rights. The University has no idea who was driving on the day.

Were the previous posts too hard for you to follow?

headpin

Conor wrote: »

Were the previous posts too hard for you to follow?

They must be for me, as I still do not understand how the Uni or the Parking Company can possibly know who parked the vehicle where they are saying it should not have been.

They bottom line is that the person who commited the offence is the one responsible. Unless they have concrete evidence to the contrary as to who precisely parked the bike then who are they saying is reponsible. It is certianly not the Registered Keeper.

The best thing to do in any circumstance when yopu get one of these Civil Charge Notices is not to ignore the letter that comes. Politely write back and say you do not recall who was using the vehicle that day. If they could please identify the person who they are suggested contravened their regulations then you will endevour to pass their correspondence on to that person. ON NO ACCOUNT ADMIT TO BEING THE DRIVER OR USER UNLESS THEY CAN PROVE OTHERWISE. The onus is on them to identify the driver/user and seek their payment from them. YOU ARE UNDER NO LEGAL OBLIGATION TO ASSIST THEM IN ANY WAY TO IDENTIFY THIS PERSON, EVEN IF IT IS YOURSELF.

The UNI has no comeback. If they ask then you just say that as far as you can remember you were not the driver of the vehicle at that time and you cannot recall who was. Ask them to review their CCTV or any other facility at their disposal to try and assist in this identification.

The bottom line is that they cannot progress any claim or similar unless they can identify the driver/user. Without that information they are up the proverbial creek. So on no account assist them in any way. They may try threats, but just ignore them as they have absolutely no legal force behind them. In fact if they become too threatening it is they who could be guilty of a criminal offence.

Keep your money and enjoy Christmas.

mymatebob

Conor wrote: »

He accepted the contract when he started the course and paid the fees.

Very true - but surely only in respect of things that are enforceable?

I appreciate that the University has rules however as others have said sticking a ticket on a car (or bike) does not identify the person who parked it.
So if the person does not pay what will the university do?
How can they punish an unknown person?

peter_the_piper

If students were to be punished for all 3rd party debts then none would graduate. As the uni does not penalise the student directly and farms it out to a third party then logically they can't say the student is in debt to them.

Pew_Pew_Pew_Lasers!

Conor wrote: »

Were the previous posts too hard for you to follow?

Perhaps. I always did have a problem understanding why some people think that statutory rights can be signed away. Feel free to explain if you like?

firequeen_2

Don't pay fines from private parking companies! Student or not you do not have to sign away your civil rights, and the law is behind you in that you are not obliged to incriminate yourself or anyone else. No criminal law has been broken, the only way they could take you to court is by proving a contract has been breached, for this they would need proof of who the driver was, not the RK. There is loads of good advice on what the laws specifically are both here and on the internet in general. I read into them all in depth when faced with a £70 fine from an Aldi car park which I used to shop IN THEIR STORE, but over stayed by 7 minutes. The companies' letters are very clever, they are dressed up to look like police documents, and use abbreviations commonly used on police tickets (immitating police tickets is in itself an offence in law). I took advice from www.lawanswers.co.uk and ignored the letters, when they got to frequent and threatening I sent this letter back (below) and never heard from them again. Hope that helps!

I have received a parking charge notice under your reference [123456]
To enable me to consider your claim, please advise of the following:
1 What evidence do you hold that shows I was parking in your car park over the allotted time? If you hold documentary evidence please provide copies of the same. As a private car park, any claim you have lies in contract and not in Statute.
I could only be contractually liable if I personally parked a car in the car park.

Mere evidence that a car registered to me was parked in your car park does not prove that it was the case that I parked it.

2 What are your charges for parking in your car park? If there are no charges then what are the contractual terms that you (your client) apply in relation to this car park.

3 Please provide me with a copy of any ticket you claim to have issued.

4 Please advise me how it is alleged I have breached any purported contract.

In anticipation of receiving the documents requested above I would make the following comments:

1. As your claim lies in contract it represents a claim for damages for breach of that contract. Your penalty charge of £[??] bears no correlation to the damages you have allegedly incurred.

2. In light of the damages you have claimed, your claim represents a penalty charge and is consequently not recoverable in contract law.

3. It is my view that any contractual terms you rely upon to claim your penalty charge are unfair and consequently unenforceable pursuant to the Unfair Terms and Consumer Contracts Regulations 1999 and the Unfair Contract Terms Act 1977.

Please refrain from any further contact regarding this matter unless and until you have answered each of the points above and where appropriate provided copies of the letters
referred to.

[If appropriate] I have found your letter distressing and put you on notice that any further attempt to demand monies from me without responding to my reasonable request for information as set out above, will result in my solicitors being instructed to bring
proceedings under the Protection from Harassment Act which entitles me to an award of damages together with a non-harassment order. In that event my solicitors will also seek
the costs of those proceedings.
Yours faithfully