Private Parking Tickets discussion

khatden

I parked in a car park of an unused unit in an industrial estate last week. With it being unused, we stupidly thought we'd be ok. When we returned, we had a ticket. We then looked around and did find a sign saying that it was private property - no parking. It was a private ticket that was issued - not council. Do I ignore it and hope they go away, or pay it. After all, there WAS a sign.

Crabman

khatden wrote: »

I parked in a car park of an unused unit in an industrial estate last week. With it being unused, we stupidly thought we'd be ok. When we returned, we had a ticket. We then looked around and did find a sign saying that it was private property - no parking. It was a private ticket that was issued - not council. Do I ignore it and hope they go away, or pay it. After all, there WAS a sign.

Same as above - ignore their empty threats of court action and lies about it affecting your credit record unless they have the guts to actually issue court proceedings.

herbie-152

I am slightly concenrned at the advice that Martin is giving on this site and via email. My concern is that he isn't going far enough in his criticism of private car park fines.

Please note I am not talking here about fines from traffic wardens or the police or the council. I am only concerned about parking fines from private firms, such as the ones that you may get at a supermarket or shopping centre.

Under what law are the private parking company dishing out a fine?

If you receive a fine for parking on the road then you are covered under the Road Traffic Act 1991, even if its is a private contractor, as long as the Council has a Special Parking Order in place. This does not apply however, to private car parks. In fact, the legal position of the operator is so tenuous, that they don't call it a fine or a penalty, but stick to words like "notice".

It would appear that the only legal positions that they have are to either prosecute you in a civil court for trespass - time consuming and patently ridiculous if you've been shopping in their client's store - or that they are relying on penalising you because they have notices up saying that they are going to do so. As we know from the bank charges campaign, any penalty charged under a contract in English law, must be proportional to the actual costs incurred. You cannot penalise someone just because you say you are going to or else the banks would not be giving millions back. I would question that £50 for 20 minutes parking is proportionate.

So before we all get too judgmental about where other people park - ask yourself whether you want to be "fined" by a private company who has no legal right to do so because they don't like what you've done: and, probably more scarily, are you happy with a private company being able to get your name and address from the DVLA? Just a thought.

Jah180

Just to let you know of my recent experience..

I parked in a pay and display managed by RCP Parking in Lincoln. When I returned to my car the ticket had slipped from the dashboard and I had been issued with a £50 parking charge :mad:

The only option was to appeal but they requested payment of £50 within 14 days in order to do this. I sent my appeal with a cheque stating in the letter that this was not to be cashed as I had clearly paid the required amount and that this was an error. (With hindsight I wouldn't send the cheque but was concerned they would use it as a tactic to say I had not appealed correctly and charge me more money)

They promptly cashed the cheque anyway and sent me photographs of my car which they claimed showed the ticket was not displayed. The photographs were poor quality and although my ticket had slipped to the floor this was not conclusive proof. Why they think it is reasonable to pay £50 when I have proof I have paid for my parking is beyond me anyway. Its strange the ticket it not the type you can stick to your window as it has no adhesive. I'm pretty sure this is deliberate. Greed.

I made several attempts to contact RCP to argue this but was unable to contact them. I then decided to contact the management at the shopping centre and they have now forced RCP to refund me the money :T

Just though I would let people know as it may help someone else keep their cash. In future I would send no cash and take it up with the shopping centre first..

MSE_Martin

Thanks for the feedback on the guide.

It is a fine balance to tread between giving people guidance and pushing people to where they are not uncomfortable with.

I've read the view that Im not going far enough, and have some sympathy with that - though do remember that this is a mainstream guide - and therefore we need to cover all the different types of people who read. However I've mad e a few minor tweaks (which will be added in the next few days)

1. At the start of the step by step guide...

"Many more militant anti-private parking notice protestors adopt a simple “never reply” strategy, ie. don’t respond, don’t acknowledge, no matter what’s sent to you, unless in the very rare cases of a court action.

That tactic can and does work for many, though as always there are no guarantees. It's worth considering, if not the tactics below offer further options"

2. The following is being added in...

"And don’t ever think of private parking tickets as “fines” they’re not. These companies have no official right to fine you, though they may try and make you think it. All they’re doing is sending you a notice for what they deem as a breach of contract. "

bargepole

MSE_Martin wrote: »

Thanks for the feedback on the guide.

It is a fine balance to tread between giving people guidance and pushing people to where they are not uncomfortable with.

I've read the view that Im not going far enough, and have some sympathy with that - though do remember that this is a mainstream guide - and therefore we need to cover all the different types of people who read. However I've mad e a few minor tweaks (which will be added in the next few days)

Excellent stuff Martin, we can debate over what the exact wording should be, but the main point is that thousands more people are now aware that these Private Parking tickets carry no official weight.

Any chance of you getting this message across to millions more on the Jeremy Vine show soon?

jwmagee

I'd like to add to this discussion from the point of view of a land owner. We are one of three in a small block of flats on the south coast, next to a number of shops, we have 6 parking slots. We have signs on the walls, in the entrance on the floor, yet still people think they can park there, I find it wuite unbelievable that when you point out to people that they are parking on private property you are verbally (and in one case physically) attacked. I have returned back to MY HOME many times to find that I can't even pull into our car park.

This whole discussion is based on escaping what is seen as an unfair fine... many of the posts on here also state quite clearly that they as the drivers were in the wrong. Please don't always pressume that parking problems don't effect anyone other than businesses.

foxykia

hi does anyone know if shoal enforcement are able to enforce their fines please

bargepole

foxykia wrote: »

hi does anyone know if shoal enforcement are able to enforce their fines please

Re-read Martin's article, then write out 1,000 times "Private companies cannot fine you". Shoal enforcement? Appropriate name for a bunch of sharks.

MSE_Martin

bargepole wrote: »

Excellent stuff Martin, we can debate over what the exact wording should be, but the main point is that thousands more people are now aware that these Private Parking tickets carry no official weight.

Any chance of you getting this message across to millions more on the Jeremy Vine show soon?

In that case you'll be pleased to hear that yesterday alone nearly 100,000 people viewed the private parking guide. And yes I have pitched it as a potential idea to vine