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Private Parking Tickets discussion

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  • Help!

    We received a parking fine on a private shopping centre car park. We HAD paid the 50p for the ticket (the ticket you get to dispay after paying not the 'Parking Ticket') but it had slipped down the back of the dash after we left the car.

    They have asked for £60 and £100 if we don't pay in the week.

    I emailed a scan of the 50p ticket and they aknowledged that we had paid but we were in breach of the terms of parking there - that we were responcible for the ticket being clearly visible at all times. It was when we left the car.

    It is one of those tickets that balances on your dash board without any sticky bit!

    They refused our appeal and still want the money. I can't believe it! All they would have lost out on was 50p! But we paid that!

    What can we do?

    Jonathan
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    See post # 133.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    They refused our appeal and still want the money. I can't believe it!
    If you read the many threads here about PPCs, you'll soon realise that there is no "appeal" with these outfits, they're just scamsters after your money.

    They can only sue in court for their losses, which as you paid the 50p, amount to £0.00. Ignore their rubbish letters and threats, do not pay them a penny and don't contact them again.

    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.
  • Hi
    This is my first post so hope I do it right :-)

    My husband received a 'parking ticket' from Private Car Parking Enforcement Agency at the end of March. After reading many posts on her I took the advice and ignored in.
    They sentme a letter presumably getting my details from the DVLA, to which I replied that I was not driving the car at the time stated and had no obligation to provide them with any further information.

    Today I have received a second letter from them informing me that as the registered owner of the vehicle I am liable, not the driver - which contradicts the info on this thread!! And again it threatens further action etc.

    I am right in thinking this letter is just scaremongering and I should just reply again saying it wasnt me and not to contact me again? Also how can they 'prosecute' me for something I havent done - it was my husband :-P
    In the letter they mention an audit trail of evidence, surely this wouldnt be enough in court - if it got that far? Wouldnt they need CCTV or Photographic evidence, should I ask if they have this?

    Sorry for all the questions, just trying to get as much info as possible :-)

    Thanks
    Rachel
  • downhiller
    downhiller Posts: 123 Forumite
    reading many posts on her I took the advice and ignored in.

    You didn't ignore it though. You sent them a letter. They've now marked you as a potential fish and they're trying to reel you in.

    Ignore everything they send you unless you get official court papers. You've got more chance of winning the lottery than that happening.
  • Coblcris
    Coblcris Posts: 1,862 Forumite
    "Today I have received a second letter from them informing me that as the registered owner of the vehicle I am liable, not the driver."

    Deep joy !

    Complete and utter balderdash from them.

    Please type up the exact text of the letter from them. I suspect they even refer to the RTA. Laughable claims from them and mis-represents the law. Schoolboy error from the company.
    Tweddle means they have no case against a registered keeper who was not driving even if everything else in place -which it never is. What else do you expect from liars and cheats.
  • Last week I visited a shop which has a small private cark park in front. There are two entrances to this car park. As I drove in, I noticed numerous empty spaces. Straight ahead was the door of the shop. I was alongside a car, which had an empty space beside it. I decided to reverse into this space. I was now, as I thought, well parked and safely positioned between two cars. I was in the shop for just a few minutes, returning to my car following my purchase. I saw that I had received a PCN, (asking me for an amount twice as high the local council).

    Only then did I see that it had not been an 'official' space, but one of the several 'drive thru' areas. I had parked over an arrow indicating a way out (but not the only way out)of the car park. I hadn't seen this when I reversed into the space. Nonetheless I do not consider this to have been an obstruction as there were so many free spaces and no-one was blocked-in by my actions. This was an innocent mistake, had it been pointed out to me I would have moved my car immediately.

    If this case goes to court (I do not want to pay this unreasonable demand) will I have any grounds for defence? Or can they really insist I was a 'danger' to others?

    Thanks,

    SararH
  • Coblcris
    Coblcris Posts: 1,862 Forumite
    What makes you think it will go to court.
  • Apparently the company in question are quite aggressive and have been known to take some cases to court. Hopefully it won't get that far, but I do need to have a clear sense of what defence I can have, if they claim, that I caused an obstruction (even tho the car park was quiet and I was only in the shop less that 15 mins). I did buy something there so I can prove that at least. I can't see any other reply on this site which dealt that this 'so called' offence. It's often about overstaying. Anyone know any more about my chances here? I want to make sure I tackle this from the most contructive angle.
  • taxiphil
    taxiphil Posts: 1,980 Forumite
    Where did you hear that the company involved have taken some cases to court? I'd be very sceptical about that if I were you. It sounds to me like scaremongering or chinese whispers.

    99.9% of the time, PPCs never issue court proceedings because they know they can't possibly win and will be humiliated and damaged by the bad press generated from their defeat.

    It would be helpful if you could post a few more details, such as the exact wording of the bogus "fine" you've received, but the defence you would use is a legal precedent set in 1915 (Dunlop Pneumatic Tyre Co. Ltd. v New Garage & Motor Co. Ltd.): penalty clauses are unenforceable - only actual losses can be claimed. Can they prove an actual loss of business, given that the car park had many empty spaces? Of course not. So the maximum damages a court would award them would be zero.

    Ignore this. It's a scam which relies entirely on frightening you into paying.
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