Private Parking Tickets discussion

trisontana

Parking purge branded a s****

Inverness motorists are facing a new threat with local firms being offered a cash reward to mount a private parking purge.

But this week a leading North lawyer branded the method illegal and warned drivers not to cough up for any “fines” imposed.


Former Highland procurator fiscal David Hingston said the procedure was “totally illegal”.

And he advised anyone who received a “fine” – sometimes as much as £80 – from APS or anyone purporting to be their agents to ignore it.

“It is not enforceable and they cannot seize your wages,” said Mr Hingston. “They have got to prove who was using the vehicle and that’s just not possible.

“Anyone who gets a parking charge notice should do absolutely nothing. Just ignore it, and ignore the threat that you are going to get and see what they do – nothing.”

lucylucky

trisontana wrote: »

Parking purge branded a s****

Inverness motorists are facing a new threat with local firms being offered a cash reward to mount a private parking purge.

But this week a leading North lawyer branded the method illegal and warned drivers not to cough up for any “fines” imposed.


Former Highland procurator fiscal David Hingston said the procedure was “totally illegal”.

And he advised anyone who received a “fine” – sometimes as much as £80 – from APS or anyone purporting to be their agents to ignore it.

“It is not enforceable and they cannot seize your wages,” said Mr Hingston. “They have got to prove who was using the vehicle and that’s just not possible.

“Anyone who gets a parking charge notice should do absolutely nothing. Just ignore it, and ignore the threat that you are going to get and see what they do – nothing.”

What a good article

alimartin888

Hello Money Saving Experts.

Over the last two weeks I have been out of work, so I have been going to the gym quite a lot and by the gym we have a lidl car park, which has a camera as you drive in that snaps you and on the way out, or video cam I guess.

The car park has a sign saying free, but if you stay over an hour and half there is a £90 charge...I am normally very good and stick to my hour and a half and have never had any problems.

But over the last two weeks I have really forgotten about these terms and over stayed.

Today I received two separate civil parking charge notices, with a picture of me entering and leaving car park.
The first one states I was half an hour over and that I need to pay £90, but will be £45 if paid within two weeks and the second one I was 20 mins overdue stating £90, but £45 if paid early.

The car park is a member of the BPA and they say if I wish to appeal write/email and leave contact number if they need to speak to you.
I think I’m going to get another two for this week, which wouldn’t have arrived yet. I know I have been stupid and it is my own mistake, but is there any way I can get out of not paying.

I don’t want to go to court and if I do would is count as a CCJ?

Is there anyway I can get out of these, I was thinking of emailing them and saying that I wasnt driving even though they will have a video of me leaving, but they would never meet me in person, so thought I could say tat, but they are stating that you must tell them who was driving.

Or possibly saying that the person has since moved out of the address and I no longer no where they live as I am not in contact with them or is there simpler way or appealing and not lieing.

I don’t want to exceed the hour and half again from now on, but just want to be able to get out of not paying these.

They say if I dont pay by the date provided, then they can transfer case to a debt collection company, where additional costs could occur.

Can somebody please help or if anybody else has been in a smiler situation?

yellowbenzene

ignore everything and do not pay them a penny.

if the car park is free, there is no legal basis for taking you to the small claims court for recovery of damages. the sum on the invoice they sent you is simply an arbitrary figure.

do not contact them as doing so will simply establish that they have managed to reach the person they ticketed, and they will pile on the pressure until they receive money from you.

they will most likely send you a few letters with progressively threatening quasi-legal speak on them in an attempt to frighten you into paying £90 for each ticket.

as everyone else here will say, continue to ignore any correspondence they send you, UNLESS it is an envelope, stamped by your local county court, containing stamped court papers. if that happens, seek advice here or on pepipoo.co.uk

the legal precedent for unfair charges in contract law is well-tested and it is highly unlikely that you will be brought to court, even less so that you will lose a case.

even if you did, simply agree to pay the sum ruled against you within 28 days and you will not get a CCJ and your credit rating will be unaffected.

lucylucky

Ignore it.

Do not contact the company.

yellowbenzene

additionally - the car park terms are between the DRIVER of the vehicle and the car park operators.

you are under no obligation whatsoever to disclose who was driving the vehicle.

for a complete explanation of the legality behind this, visit https://www.ticketfighter.co.uk/private.htm

esmerobbo

trisontana wrote: »

Parking purge branded a s****

Inverness motorists are facing a new threat with local firms being offered a cash reward to mount a private parking purge.

But this week a leading North lawyer branded the method illegal and warned drivers not to cough up for any “fines” imposed.


Former Highland procurator fiscal David Hingston said the procedure was “totally illegal”.

And he advised anyone who received a “fine” – sometimes as much as £80 – from APS or anyone purporting to be their agents to ignore it.

“It is not enforceable and they cannot seize your wages,” said Mr Hingston. “They have got to prove who was using the vehicle and that’s just not possible.

“Anyone who gets a parking charge notice should do absolutely nothing. Just ignore it, and ignore the threat that you are going to get and see what they do – nothing.”

The Procurator Fiscal did not agree with the statement on their website did he.:T

CONTRACTUAL LAW
By parking and thus ignoring the warning signs the offending motorist has entered into a contractual agreement to pay a parking charge. We use in house lawyers to make claims through the civil court system.
Despite internet forums suggeting that these fees are irrecoverable, our experience and case law disagree's:

alimartin888

Thanks for the comments, so you think the best way is to ignore all letters..

What about if i stated that there the person you after has not lived at the address for 6 months?

What would they do in this situation?

Kind regards
Alastair

lucylucky

alimartin888 wrote: »

Thanks for the comments, so you think the best way is to ignore all letters..

What about if i stated that there the person you after has not lived at the address for 6 months?

What would they do in this situation?

Kind regards
Alastair

Yes ignore

No need to make up stuff at all.

Just ignore.

And then ignore some more.

esmerobbo

Yep don't bother doing anything except ignoring them.