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Private Parking Tickets discussion

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  • Crabman
    Crabman Posts: 9,942 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    janebrown wrote: »
    I am now seriously worried that debt collectors are going to turn up on my doorstep. What do I do and what are my legal rights?

    Hi janebrown

    Don't confuse these jokers with bailiffs who only come into the equation if the parking cowboys take you to court (very unlikely), win the case (even more unlikely) and then you fail to pay the court. Only then would bailiffs become involved.

    Debt 'collectors' have no more powers than anyone else on the street. They can not enter your home, all they can do is ask if you would like to pay, and when you say no they must then leave (or you call the police to report trespassers).

    What they've said to you is purely an intimidatory tactic to scare you into paying and I (and I'm sure other moneysavers) will await with interest the response from the BPA Company Representative as to the behaviour of UKPC :)
  • Thank you. I was starting to panic but having read more on this forum it seems that I am definitely not alone.

    I checked with my local council department and even they told me not to pay!!!!

    I am going to wait and see what happens.
  • muckybutt
    muckybutt Posts: 3,761 Forumite
    Part of the Furniture Combo Breaker
    janebrown wrote: »
    Thank you. I was starting to panic but having read more on this forum it seems that I am definitely not alone.
    You are definitely not alone !
    janebrown wrote: »
    I checked with my local council department and even they told me not to pay!!!!
    Theres a first ! a council getting wise to the scam
    You may click thanks if you found my advice useful
  • Hi,

    I've been reading through this forum since I received a parking charge last week. I wondered if the same laws apply in Scotland, that allow me to disregard this charge?

    It was me that parked but its my husbands car, and he's received the charge letter. Our plan is to ignore it and if need be reply with the letter template about not being the driver, that Martin has on the info page on this topic.

    Thanks in advance,

    Just bumping my post, as no-one answered yesterday.
    Thanks
    pinkpinkfizz

    I :heartpuls MSE
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Just bumping my post, as no-one answered yesterday.
    Thanks

    Scotland is the same as the rest of the UK regarding the dubious nature of private parking tickets. In fact you are better off, as clamping by private companies in Scotland has been outlawed for the last few years. So don't worry, you might get a few letters from the company but just ignore and they will eventually go away.
    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
    I've been reading through this forum since I received a parking charge last week. I wondered if the same laws apply in Scotland, that allow me to disregard this charge?
    The only difference in Scotland is that disabled bays in private car parks can now be legally enforced on behalf of Councils.

    Apart from that, you can safely ignore any so-called parking charge from a PPC. Your husband didn't park there, so hasn't entered into any contract with them.

    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.
  • tgon
    tgon Posts: 710 Forumite
    Part of the Furniture 500 Posts Combo Breaker Mortgage-free Glee!
    edited 25 September 2009 at 3:08PM
    Thanks for all advice in this forum. It has helped me a great deal. May I recap my understanding and ask a couple of questions?

    1. My car received a parking charge from ECP yesterday for staying in a retail car park 18 minutes over the maximum time limit.
    2. I am the registered keeper of the vehicle and ECP can ask the DVLC for the address of the car registration plate.
    3. As the registered keeper, I will eventually receive multiple demands for payment by post based on an ECP assumption that the registered keeper and the driver are the same person.
    4. I am not obliged by law to disclose the driver of the vehicle to ECP.
    5. It is the responsibility of ECP to determine the driver at the time of the charge and have legal evidence that links the driver to the registered keeper should they wish to take the matter to court.
    6. As ECP is a private company, the "invoice" is unenforceable in a court of law as breach of the implied contract is between the driver and ECP, not the registered keeper.
    7. I should not contact ECP by any method as this may prejudice any future actions by myself.
    8. Eventually, ECP will cease to contact me as it is not in their interests to waste further money on administration costs to recover the "debt" or on a court case they cannot win without the evidence stated above.
    9. Bailiffs cannot act without a court decision in ECP's favour.

    Is my logic correct here?

    Questions:

    1. Why would the management company of a large retail park partner with a PPC if the service provided is ineffective?
    2. What value would the management company expect from such partnership?
    3. I probably know the answer to this, but how does a PPC stay in business if the service they provide is fundamentally flawed?

    Thanks.
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    tgon wrote: »
    Is my logic correct here?

    Questions:

    1. Why would the management company of a large retail park partner with a PPC if the service provided is ineffective?
    2. What value would the management company expect from such partnership?
    3. I probably know the answer to this, but how does a PPC stay in business if the service they provide is fundamentally flawed?
    Congratulations, you scored 10/10 on the private parking test, keep up the good work!

    Answers to your questions:
    1. The service isn't ineffective, as the majority of people will simply pay these tickets because they believe they have to. Thanks to Martin, and other forums like this, that majority is becoming smaller.
    2. The management company can effectively wash their hands of all parking issues at no cost, and believe that the PPC is keeping spaces available for their customers.
    3. As per answer 1.

    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.
  • tgon
    tgon Posts: 710 Forumite
    Part of the Furniture 500 Posts Combo Breaker Mortgage-free Glee!
    Thanks bargepole - I paid attention. ;)
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    That is completely wrong. You have to pay.
    Yes, and there are fairies at the bottom of my garden.

    Why don't you just get a life and stop giving out stupid information.

    Better still, get a proper job, instead of one with a scamming private parking company
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
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