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Where is Common Sense - Parking Ticket Appeal

Good Morning. Last week I parked my car on a large retail car park, near a Carphone Warehouse store. When I parked my car the Tax Disc holder dropped off the windowscreen.
Next door to the Carphone Warehouse is a Halfords store.
'I know I thought I'll nip in Halfords and get a new tax disc holder before I go into Carphone Warehouse'.
After buying a tax disc holder repair kit; I walked back to the Carphone Warehouse store; I noticed a parking ticket on my car window screen.
I went into the Carphone Warehouse store and was met with a very unhelpful store manager. Who told me I should park next to Halfords and then drive to the Carphone Warehouse. It takes 2 minutes to walk between stores, I timed it.
I took photos and a video of both stores. There is a large bill board advertising both store names - on the same retail park. The parking ticket that was issued states 'not in store' - but fails to say which store - the ticket has not been signed. On the ticket it says they have photographic evidence. I am a bit frightened but have decided to fight this. I have submitted a letter of appeal - and now I await a reply from the parking ticket company.
I have not paid and have no intention of paying. Can I ask what would happen to the £75! Thanks. I will let you know what happens.

Comments

  • Crabman
    Crabman Posts: 9,936 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Hi Swan - there's no need to 'appeal' since this is nothing but a scam as you may have realised.

    They can only claim what they've actually lost, they can't make up a random figure (£75) when it's actually a free car park provided for the use of customers of CPW/Halfords.
  • taxiphil
    taxiphil Posts: 1,980 Forumite
    edited 7 April 2009 at 11:46AM
    Crabman is absolutely right. These penalty charges are unenforceable in court so these private parking companies rely entirely on intimidating people into paying with empty threats of court action.

    As part of that intimidation process they try to create the illusion that they have some kind of legal "power" (which they don't) - so they pretend to have an "appeals" process which is actually all part of the illusion.

    It's not advisable to "appeal" to them or try to reason with them in any way, because it shows them you've taken their bait and you're taking their threats seriously.

    They will send you a string of SCARY letters, probably with BIG BOLD WORDS in RED INK, but they won't sue because they know that the civil law only awards damages for actual losses (which they have to prove) and not penalty clauses. And how on earth are they going to prove any financial loss in this instance?
  • SWAN
    SWAN Posts: 13 Forumite
    SWAN says - Thanks for your help.
This discussion has been closed.
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