Private Parking Tickets discussion

edited 10 June 2010 at 3:36PM in Parking Tickets, Fines & Parking
3.1K replies 817.4K views
Former_MSE_WendyFormer_MSE_Wendy
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This thread is for discussing the Private Parking Tickets guide. To discuss click post reply.

*** If you have just received a private parking ticket, the general forum suggestion (also as mentioned in our guide) is to ignore it. ***
If you want specific help 'appealing' your own case, you can start a new discussion on the Motoring and Public Transport board where someone should be able to help.
*** First have a read of some of the posts on this thread, you will see a general theme and your question may already have been answered :)***

If you've have a success story please report in the
Parking Ticket Successes thread
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Replies

  • My Daughter parked her car in her works car park, her car is registered and monies deducted from her wages to pay for parking there, she was given a parking sticker for her car, this didn't fit in the clear plastic pocket that was provided for it to slip into on her car windscreen, therefore she had the sticker on her dashboard.

    The car park is barriered, entry gained with a card specifically for staff to use the car park.

    She parked her car in the morning and received a ticket for not displaying her sticker, which had fallen off the dashboard onto the floor.

    She conversed with the company responsible for monitoring the car park, explaining the circumstances, ie her car was registered on the system, she paid her parking fees, she entered the car park using her paid for card, it was obvious that the car wasn't just someone trying to get free parking.

    The ticket issuers would not budge on a £60 fine, she wrote and appealed and received a letter back saying her appeal wouldn't be considered until she paid the fine and obviously, as usual, the fine would be increased if she failed to pay on time.

    She was about to go on Holiday and asked me to post a cheque off for her, but she wasn't sure who to make the cheque payable to, so I rang the company up and they explained I could and should, pay by debit card.

    That was the best way to pay because if the appeal was succesful, they would simply credit my card back with the money.

    When the card payment came through my account, they had taken £1.50 more for paying that way. I immediately rang them up furious about being given advice to pay by card but not telling me about the £1.50 charge.
    They said it was written on the ticket, I explained I never saw the ticket and the guy who advised me didn't mention it and they were out of order.

    The guy said well don't worry as the whole amount would be paid back if the appeal was successful, convinced the appeal would succeed, I calmed down.

    That same day my daughter was informed her appeal was unsuccessful, so the guy I had just spoken to must have known that and fobbed me off.

    I've since read the advice on MSE site, that I should have read before paying this fine, ie don't pay any fine as you're admitting guilt.

    Considering the circumstances I've outlined, does anyone think I've got any chance of getting this fine quashed and monies refunded?
  • Neil_BNeil_B Forumite
    1.4K Posts
    No, none whatsoever. You were conned by a private firm and fell for it, repeatedly it seems.

    Incidentally, for personal case you should start a thread of your own. I think Wendy intended this to discuss the PPC guide - which actually doesn't exist yet as far as I know.
  • bargepolebargepole Forumite
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    Well done on getting the Private Parking Tickets Guide on the site.

    I'm not sure I agree with sending all those letters that Martin suggests. If you engage in correspondence with the PPC, they will often think they've got a fish on the hook, and keep pestering you for longer.

    If you ignore all correspondence, they will have no idea whether the registered keeper was the driver or not, and will be extremely unlikely to risk paying £30 for a court claim, only to find out it wasn't.

    There are no known cases of a PPC taking anyone to court when no contact has been made. But there have been cases where a PPC has identified a driver from a posting on an internet forum, so be careful what you write!

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 55, 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.
  • Interesting guide.

    A couple of concerns:

    • Martin jumps straight in by calling them 'fines', which is strictly speaking incorrect and gives them more credence than they deserve.

    • the BPA guidelines are fairly irrelevant. The body merely is merely a front to give the industry some credibility. If their 'recommendation' was to charge £50 instead of £150, it wouldn't change the unenforceability of 99% of these charges. No harm in featuring the info, but putting it in at the start again gives too much credibility to the charges.

    • perhaps too much emphasis on contacting the company. It is always wise to avoid contacting the company at all. The only cases that have gone to court are from people making contact.

    The general advice should be:

    • do not pay
    • do not contact them
    • ignore any letters you receive from the parking company, or their debt collectors, no matter how threatening
    • after 4 or 5 letters 99% will simply give up and go away
  • sarahg1969sarahg1969 Forumite
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    Alexis27 wrote: »
    Interesting guide.

    A couple of concerns:

    • Martin jumps straight in by calling them 'fines', which is strictly speaking incorrect and gives them more credence than they deserve.

    • the BPA guidelines are fairly irrelevant. The body merely is merely a front to give the industry some credibility. If their 'recommendation' was to charge £50 instead of £150, it wouldn't change the unenforceability of 99% of these charges. No harm in featuring the info, but putting it in at the start again gives too much credibility to the charges.

    • perhaps too much emphasis on contacting the company. It is always wise to avoid contacting the company at all. The only cases that have gone to court are from people making contact.

    The general advice should be:

    • do not pay
    • do not contact them
    • ignore any letters you receive from the parking company, or their debt collectors, no matter how threatening
    • after 4 or 5 letters 99% will simply give up and go away

    Welcome, Alexis!!
  • boombapboombap Forumite
    765 Posts
    OK, so the thing to do if you get issued a parking ticket by a private company is to ignore it.

    But what's the score with getting clamped? Most, if not all, clamping takes place on private land so how come that's allowed?

    Thanks in advance,

    S.
  • It's allowed because the law allows it. It's private land so you comply by the terms or you don't use it - plain and simple. If you don't comply with their terms, expect them to take action to penalise you.
  • Neil_BNeil_B Forumite
    1.4K Posts
    Conor wrote: »
    It's allowed because the law allows it. It's private land so you comply by the terms or you don't use it - plain and simple. If you don't comply with their terms, expect them to take action to penalise you.

    Really? wanna back that up with a successful court case where a ppc has justified 'penalising' someone? Nope, I didn't think so. Rubbish as usual.
  • bargepolebargepole Forumite
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    Conor wrote: »
    It's allowed because the law allows it. It's private land so you comply by the terms or you don't use it - plain and simple. If you don't comply with their terms, expect them to take action to penalise you.
    Not quite.

    If it's in Scotland, all clamping on private land is illegal.

    In England & Wales, the clampers must be SIA licensed, there must be clearly visible warning notices, the release fee must be "reasonable", and they must release the vehicle as soon as the driver agrees to pay the fee. If they fail to meet any of these terms, the fee can be reclaimed through the County Court.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 55, 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.
  • boombapboombap Forumite
    765 Posts
    bargepole wrote: »
    Not quite.

    If it's in Scotland, all clamping on private land is illegal.

    In England & Wales, the clampers must be SIA licensed, there must be clearly visible warning notices, the release fee must be "reasonable", and they must release the vehicle as soon as the driver agrees to pay the fee. If they fail to meet any of these terms, the fee can be reclaimed through the County Court.

    Discuss reasonable!

    S.
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