Private Parking Tickets discussion

Kite2010

esmerobbo wrote: »

A boarded up pub car park! Hmmm what would be the loss to the owners there I wonder.

The answer is one of these 3 possible answers:

1 - Zero
2 - 30 million pounds
3 - 300 million pounds.



Cos ya know, trespassing on the car-park of a closed pub might have cost the owners of the closed-pub business :rotfl:

kyoto98

Can anyone advise please, I have received a parking penalty notice from a private company. The car was parked but a ticket was not purchased until after a notice had been served. I have written and offered reasonable compensation for loss of income due to the car occupying a parking space that could have been occuppied by a fee paying 'customer' - the car park was not full at the time.

I've just received a reply stating that "A decison in the court of appeal has confirmed that provided that adequate notice of the consequences of parking contravention is given the person parking accepts the terms as set in the notice and therefore, consents to the risks and consequences"

I'm inclined to ignore this letter as advised on this and other sites but would value any advice given the above court of appeal decision, does anyone know if this is genuine or changes anything?

trisontana

kyoto98 wrote: »

Can anyone advise please, I have received a parking penalty notice from a private company. The car was parked but a ticket was not purchased until after a notice had been served. I have written and offered reasonable compensation for loss of income due to the car occupying a parking space that could have been occuppied by a fee paying 'customer' - the car park was not full at the time.

I've just received a reply stating that "A decison in the court of appeal has confirmed that provided that adequate notice of the consequences of parking contravention is given the person parking accepts the terms as set in the notice and therefore, consents to the risks and consequences"

I'm inclined to ignore this letter as advised on this and other sites but would value any advice given the above court of appeal decision, does anyone know if this is genuine or changes anything?

Yes just ignore, and please tell us which parking company is spouting this nonsense about the "court of appeal".

esmerobbo

trisontana wrote: »

Yes just ignore, and please tell us which parking company is spouting this nonsense about the "court of appeal".

I will take a guess "Excel"

kyoto98

Your correct! Had some experience yourself?

esmerobbo

kyoto98 wrote: »

Your correct! Had some experience yourself?

No not personally but I have seen this quoted by them before, but never found any reference to what they are referring to.

As you have contacted them they may be a little more persistent. However ignoring them normally works. They have done court but got spanked, so wont be rushing back.

You will receive some letters look here to see what to expect.

https://forums.moneysavingexpert.com/discussion/2214803

kyoto98

So your advice would be to ignore this and subsequent letters? I've read somewhere else that these sort of letters and the later ones highlighted via the link you enclosed amount to harassment and should be referred to the police if they persist - have you heard of this approach before?

Just for information I've also received some advice that if the signs were adequate the I am liable, but I thought they couldn't by law impose a 'fine'. Although in theory I entered into a contract my arguement is that the level of 'fine' imposed is disproprtionate to the loss of income under the unfair contract terms act 1977 that states in effect that any fine imposed must be proportionate to loss incurred.

esmerobbo

kyoto98 wrote: »

So your advice would be to ignore this and subsequent letters? I've read somewhere else that these sort of letters and the later ones highlighted via the link you enclosed amount to harassment and should be referred to the police if they persist - have you heard of this approach before?

I could be wrong I am sure others will add if I am, depending on the letter you wrote to them if you admitted being the driver and accepted that you parked there it may be more difficult to go down the harassment route.

Ignoring them normally works for most people and any communication just encourages them to produce more claptrap.

Personally I would just file the letters. As you will see if you read the posts on this forum, whatever you hit them with they come back with more tosh.

esmerobbo

kyoto98 wrote: »

Just for information I've also received some advice that if the signs were adequate the I am liable, but I thought they couldn't by law impose a 'fine'. Although in theory I entered into a contract my arguement is that the level of 'fine' imposed is disproprtionate to the loss of income under the unfair contract terms act 1977 that states in effect that any fine imposed must be proportionate to loss incurred.

If the signs were adequate you would be liable for their actual loss, not a penalty. They can not impose "fines" or "penalties".

The problem is we are dealing with a county court which can throw up some funny decisions. If it ever did get to court it would be down to whatever and whoever you got on the day.

Having said that court cases are as rare as Hens teeth! I would ignore and relax. It is very very unlikely of ever going anywhere near a court.

Coupon-mad

kyoto98 wrote: »

So your advice would be to ignore this and subsequent letters? I've read somewhere else that these sort of letters and the later ones highlighted via the link you enclosed amount to harassment and should be referred to the police if they persist - have you heard of this approach before?

Not the Police, although Harassment is a criminal offence the cops would consider it a civil matter. But plenty of ideas here about what is harassment and how/where to report it:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=03_harassment

kyoto98 wrote: »

Just for information I've also received some advice that if the signs were adequate the I am liable, but I thought they couldn't by law impose a 'fine'. Although in theory I entered into a contract my argument is that the level of 'fine' imposed is disproprtionate to the loss of income under the unfair contract terms act 1977 that states in effect that any fine imposed must be proportionate to loss incurred.

Who was the idiot who gave you that advice, it's NOT just about signs, who is to say you saw them and understood any alleged 'contract' and whether that alleged contract was fair?. Who is telling you that you are liable, not the daft old CAB or Consumer Direct is it? Their advice was WRITTEN by the private parking industry (shocking but true).

But when you decided to write to them and offer them money did you also admit you were driving? Not a good plan to tell them the driver and admit liability by offering money, you really haven't helped yourself at all here although most PPCs never go to Court. Who told you to write, not the CAB?!

Ignore all letters now, as you should have done all along, except for REAL sealed Court papers. If Court papers do come you can get a defence from pepipoo fightback forums (Google them). Highly unlikely to go that far but expect a lot of letters before the PPC give up on you as they will definitely see you as a 'hooked fish' right now.