Private Parking Tickets discussion

scotbruce

Just to confirm - clamping a vehicle in Scotland is completely ILLEGAL and is a criminal act - Black v Carmichael, 1992, SCCR 709.

peter_the_piper

Donvito wrote: »

My problem seems a bit different. I have been clamped a few times by the company that runs my housing association car park. Now we have been issued with parking permits which we are supposed to put on our cars. Now i have a few questions for in case I get clamped and towed the next time.

1: If my parking sticker fell from the dashboard onto the floor and I am able to point this out before the car gets towed, do I still have to pay the fine?

2: If question number one occurs but the car has already been towed, what rights do I have?

3: One of the housing association rules is that cars have to be taxed and insured. Where the DVLA gives two weeks grace before tax is renewed, is it legal for my car to be clamped and towed if I choose to exercise this two weeks grace.

4: And is such a rule legal(que 3) since I might want to sell the car and may have not found a buyer yet that the car park management company would just take my car for free.

5: When a car is towed from our car park, it incurs a charge of £40 a day till you have paid the fine. I should think there are many laws that this contravenes. Can anyone help me with a few of those.

6: After an accident, my car was in the garage for repairs so I was using a courtesy car. Shouldn't a note on my screen be enough not to get my car clamped and towed. Since the housing association takes a few days to issue a visitors parking permit for the courtesy car, that I will only be using for a day or two.

7: What to do when your car gets clamped at 7:00am on the first of september for example when your parking permit expired on the 31st of August.

I need some help here people. And not just me but all of my neighbours except one who's parents work for the housing association in question

What you have noticed is that reasonableness and common sense are words that are not in the clampers vocabulary. Thay are in it only for the money and to hell with the residents, they are only a cash cow to get milked at any and every opportunity.

scotbruce

NB Posters, please make it clear which legal jurisdiction you are commenting on. Please do not presume that everyone is subject to the E&W legal system - it is simply one of many, even in the UK - and one of the more incalcitrant (when compared with others!).

hot2305

I am in Scotland and have received a letter from Graham White solicitor claiming that they intend to take me to the Small Claims court for non-payment of a private parking fine.

I have replied originally to the parking company telling them to direct all correspodence to the driver (I am the registered keeper). Since then I have ignored a letter from Roxburghe about two weeks ago and now have received a letter from this solicitor claiming intended action. I also recveived a phone call (not answered but noted on caller display) a couple of days ago from either Roxburghe or the solicitor since they seem to have the same phoen number (or very close).

My question is should I carry on and ignore this letter as well. If I do what usually happens next? Do they actually raise a claim at the Small Claims court or just send more letters?

If I do get a case in the Small Claims what do I do then? Do I have to turn up and defend myself and possibly have to pay a solicitor myself or what actually happens?

Advice apreciated from anyone who has been through the same process.

bargepole

hot2305 wrote: »

My question is should I carry on and ignore this letter as well. If I do what usually happens next? Do they actually raise a claim at the Small Claims court or just send more letters?

If I do get a case in the Small Claims what do I do then? Do I have to turn up and defend myself and possibly have to pay a solicitor myself or what actually happens?

Do a google search for "Graham White solicitors" and you'll find this is actually a bloke from on of the London Boroughs moonlighting by sending out these letters for PPCs. If they reallly were going to take you to court, they'd have done so by now.

In a Small Claims action, the claimant submits a claim, and the defendant then responds with either an admission or a defence. If defended, many PPCs will drop the claim at that point, but if they go ahead, both parties sit round a table with a judge who rules on the case. It's extremely unlikely any of that will ever happen, Graham White don't do court.

hot2305

OK Thanks for the info. That is good to know how the process works.

Cheers

poet123

:mad:Can I just get some reassurance here before I ignore the ticket xxx just received on private land? Please forgive me if I am going over old ground but I am quite agitated at the moment as it has only just happened, and I have just had a blazing row with xxx, and with parking person.

Any help and advice would be appreciated. OK, so here goes.

xxx is driving a car registered to xxx,
I ask for a lift into town, where I intend to pop into a shop for 10 mins and I dont want to take my car as parking is difficult:rolleyes: I tell xxx to wait on yellow lines and move if the town parking warden approaches.

xxx decided it is easier:mad: to wait in the car on a private permit only car park behind the shop. Women gets out of van and sticks a "fine " on the car, no warning, nothing (although there are the usual notices displayed). xxx asks if she could not just have asked him/her to move, she is very snotty to xxx and says he/she parked illegally and must pay the fine. I arrive back and she basically states the same to me. I am livid and have blazing row with xxx over them not parking where they was told (, always knows better:rolleyes:) and in my annoyance I have now lost the ticket:o

From memory, it stated that if paid within 10 days it was £40 (50% reduction from £80) if later it was the full £80 and it was followed up with threats to contact DVLA to obtain owners name, and bad debt, county court threats etc. I dont even know the name of the company but they have a website apparently where payment is to be made, and I think it was just three letters PNC or something similar.

So, what do we do now? do we ignore it, or just pay the £40 assuming I can find the website. Obviously, I am concerned about the threats, our credit record is blemish free and I want it to stay that way, for the sake of £40 I wont risk that but if they cannot legally enforce this ticket then I am willing to do what it takes to not pay it, particularly seeing as they could have just asked xxx to move.

Can they find out who was driving? do we have to tell them, .....somany questions. HELP:DPLEASE

Off to get a cup of tea and calm down.......

trisontana

In a word IGNORE.

A credit record cannot be blackened by debt collectors. They are private citizens and have no more right than to collect money or interfere with people's credit records than you or I.

trisontana

What I find surprising (or perhaps not) is that even after the extra publicity generated by Martin's newsletter, not one representative from these various private parking companies has come on here to defend themselves and the very dubious practises of their industry. Perhaps they have realised they could not defend the indefensible.

What also surprises me is the way some law firms are prepared to participate in these grubby activities. I suppose it's all about money. Mind you after learning that so-called respectable solicitors have been mixed up in Boiler Room scams (a Leeds solicitor) and in a pyramid scheme in Bristol, nothing would surprise me.

poet123

trisontana wrote: »

In a word IGNORE.

A credit record cannot be blackened by debt collectors. They are private citizens and have no more right than to collect money or interfere with people's credit records than you or I.

Are you sure? Calmed down now, and found the ticket. It is National Clamps, and their website makes scary reading. mentions bailliffs:eek:
Should we just ignore it?