Private Parking Tickets discussion

Rupert_Bear

BFG
Sorry but you are just confirming what the masses think of you.

Startoby

What is the legal position regarding parking penalties? Most of the notices state that by using the parking facilities provided you are accepting the terms, restrictions and penalties. Could it not be argued that a contract has been agreed between the motorist and car park provider, or does some other law apply?

Startoby

peter_the_piper

You may possibly enter into a contract but under English law no contract can impose a penalty. There are claims they can make against the driver for loss or trespass. Both can only be for actual loss incurred, most times its zilch. Also remember only the driver takes out ""the contract"" and how do they know who the driver is, they can only find out who the registered keeper is and thats often not the driver.

Startoby

Many thanks for that. I have recently received a demand from ParkingEye for over-staying the time in a supermarket car park. The parking is free for two hours, and although there are lots of signs about, I have never stopped to read them, and even if I had, I would probably have assumed that the restriction would not apply to people actually using the supermarket. The car park was not full and I was not even the driver at the time.

So far I have followed the advice and ignored the two demands received from ParkingEye. I have now received my first demand from a collection company who state ...."The outstanding debt has been passed to us by our client ParkingEye. We intend to recover the full amount you owe. If you can PAY IN FULL, we urge you to do so now BY RETURN". (Quite intimidating wording!) There are then a couple of vague threats saying ...."you may avoid Legal Action and you may keep your Credit Record in reasonable order if you pay now"..... both of which I know are meaningless.

I needed some reassurance to maintain my resolve to continue ignoring them. I don't know how many more demands will be sent before they give up. Do they ever go as far as sending a debt collector to try more intimidating tactics?

Startoby

trisontana

Just ignore. If in the unlikely event they do send a debt collector, just ask him to leave. If he refuses call the police. Remember they do not have any special powers, they are just private citizens.

bromsgrovebarry

Parking Eye do not do court. I wished they would so I could have some fun at their considerable expense. Their APNR technology has been shown to be unreliable on numerous occaisions.

Coupon-mad

You only have to search this board to find other threads about Parking Eye and what sort of letters they send out until they get bored and give up:

http://forums.moneysavingexpert.com/search.html?searchid=72145893

Happy reading Startoby, HTH.

winst

Have read through these blogs etc. Just wondered if anyone had any advice. Was issued a parking ticket last week by excel for failing to display. Had purchased the ticket with the help of the attendant (machine was not working) and attendant saw me get back in car and park up. Anyway the ticket ended up face down on the dash and he issued me a ticket for failing to display. Must have known I had got one as helped me pay for it!! Contacted the company through the appeals process as it seemed a straightforward issue that I had paid (forwarded scanned copy of ticket). Also offered to pay £10.00 to local charity if succesful with appeal. Thought it was a straightforward appeal that would be allowed. Anyway appeal was unsuccesful and now have to pay £40 in next few days or £100.00 next week. Has anyone ever had a succesful appeal !!
Have now read all the advice re enforceability etc but a bit confused if by accepting I was the driver and unsuccesfully appealling whether if taken to court I would be likely to lose. After dealing with excel on this occassion I am beginning to think that they are nothing but a load of scammers!! Any one out there able to help?

peter_the_piper

This just proves what we have all believed up to now that it has NOTHING to do with parking prperly and everything to do with SCREWING every penny from the motorist. From now on ignore them. Excel had a case thrown out even though the driver admitted to it. You'll get about 6 letters and threats, 1 or 2 debt collectors letters and then silence. At least they are helping to keep royal mail working.

Coupon-mad

winst wrote: »

Has anyone ever had a succesful appeal !!

No, PPC appeals are a sham. Except when a PPC wants to show the BPA that their appeals process is 'real', then they might just let a couple through...

winst wrote: »

Have now read all the advice re enforceability etc but a bit confused if by accepting I was the driver and unsuccesfully appealling whether if taken to court I would be likely to lose. After dealing with excel on this occassion I am beginning to think that they are nothing but a load of scammers!! Any one out there able to help?

You have got the picture! Apparently they tried Court a couple of times recently and got their fingers burnt. Other than that the same advice applies, as ever.

Normally you should ignore all correspondence and they'll go away. You still could do this, many may say 'continue to ignore' and you'd likely find they give up after a number of rubbishy letters.

In cases like yours where you have given them the nugget of info that you were the driver, it's up to you but maybe consider sending them a 'put up or shut up' letter, then ignoring anything except real Court papers.

If you do send the 'put up or shut up' letter, it's along the lines of 'I deny and dispute any alleged debt to your company. If you do not pursue this matter directly to Court within the next 14 days then I will consider the matter closed. If you or your agents do continue to contact me in any way apart from via the proper County Court process then this will constitute harassment.' Or words to that effect.

I only suggest this as an option to CONSIDER, in cases where people have stated who the driver was, as you have. It's just as an option so you can at least be sure they would only be able to make any Court claim for the original parking charge, rather than racking up additional costs in the months to come.

They almost certainly won't take you to Court - extremely unlikely - but if they did then if you can show that you denied/disputed the debt at this stage then, AFAIK, any Court claim could only be for the same amount they are demanding right now. Ergo, they won't bother with Court!