Local Parking Security LTD Excess Charge Notice

Sunny2110_2

Hi guys,

So just to confirm I should be okay just to ignore the fine even if I was at fault for parking and not properly paying and displaying?

I just thought I'd ask because I've noticed other people that have posted have felt they have had a case where they can appeal, whereas I actually didnt pay and display so I'm at 'fault'.

Thanks once again.

Sunny2110_2

...Also just for reassurance, it should be okay to ignore even though only 2 people are actually allowed to drive my car as its via motability.

I just really dont want the hassle of having to go to court for the sake of £40.

Thanks

trisontana

Once again this is not a FINE, it's an unenforceable invoice. In reality all they can claim for is the normal cost to park there. Anything else would be considered an unfair penalty.

Sunny2110_2

Ok Cheers. Thanks for the reply once again. I'll just ignore and try not to freak out lol :-)

Sunny2110_2

I've just checked the car park I parked in and as you enter there is a sign which basically states that by parking in the carnpark I agree to pay and display and occur a charge if I don't pay and display correctly. Does this mean I've entered a contract with them? Or does it give them a good chance of winning if my case goes to court of me paying more then the parking charge for ten minutes as the sign states that I agree to paying the penalty by parking there?

Thanks

trisontana

Sunny2110 wrote: »

I've just checked the car park I parked in and as you enter there is a sign which basically states that by parking in the carnpark I agree to pay and display and occur a charge if I don't pay and display correctly. Does this mean I've entered a contract with them? Or does it give them a good chance of winning if my case goes to court of me paying more then the parking charge for ten minutes as the sign states that I agree to paying the penalty by parking there?

Thanks

There is a 99.9% chance that the case will not go to court. Regarding the so-called contract, civil law in this country is very specific. It states that one private citizen cannot punish another private citizen. All the parking company/ landowner can claim off you is their actual material loss they have suffered. Anything above that would be considered an unfair penalty.

Coupon-mad

Sunny2110 wrote: »

I've just checked the car park I parked in and as you enter there is a sign which basically states that by parking in the car park I agree to pay and display and occur a charge if I don't pay and display correctly. Does this mean I've entered a contract with them? Or does it give them a good chance of winning if my case goes to court of me paying more then the parking charge for ten minutes as the sign states that I agree to paying the penalty by parking there?

Thanks

Stop worrying - you are ready to ignore those debt collector letters aren't you? Not going to panic and waste time reading their threats surely? Please heed our advice.

PPCs don't 'do' Court in almost every single case - and the fact that 'there were signs there' doesn't make those signs sufficiently visible & clear enough to create a fair contract. Even if a judge decided he liked the wording on the signs you'd still be able to point to other unfair terms such as them not proving who the contract was with (you have no obligation to tell them who was driving out of the 2 of you) and the amount of the charge itself being an unfair penalty, like in this case:

http://www.chad.co.uk/news/local/local_news_2_9302/judge_says_excel_parking_fines_illegal_1_701811

If they did try Court (real Court papers, not just idle threats) then you could get a robust defence from pepipoo anyway. Here's a case where a PPC were seen off by a pepipoo defence, and in post number 10 Alexis mentions that a second case was given up once the PPC saw the defence:

http://forums.pepipoo.com/index.php?showtopic=52571

Just relax.

Sunny2110_2

Okay thanks guys, I just needed that extra reassurance. I've never been a non payer for anything that I was billed for and have always been a law abiding citizen so just wanted to make sure I definately wasnt doing anything that would get me into trouble from not paying my penalty.

Tomorrow is my last day to pay at the discounted rate so I'll just ignore and keep you guys updated on the situation.

Thanks once again

dunncha

Just bumped this to let you know you are safe to ignore these letters nothing will happen. I will scan my letters in the next few days so you know what to expect. Check back in a few days I will have posted them. Hold your nerve, nothing will happen.

I got two letters from Brethertons threatening court action in 7 days if I didn't comply which I filed and ignored.

I have heard nothing since. That was six weeks ago.

So hold your nerve people nothing will happen.:j


Again thanks for the help and advice everyone.:beer:

Ilaria_2

Hi everyone,

Sorry if this question has already been asked..
Received one of the LPS Ltd "Parking CHarge Notices" last Friday (the 13th, typical!) when parking in a Toby Carvery that had always been free. Didn't notice the Pay and Display machines or anything, but wasn't looking for them- they seemed quite obvious after I'd been fined. My friend did exactly the same and we both came out around 1 1/2 hours later to one of these each on our windscreens, saying pay £40 within 14 days or £60..

I didn't even consider it was a scam but didn't get around to paying it yet.. then my friend contacted me today saying she had emailed an appeal that she hadn't noticed the signs and they had replied letting her off the charge. SO I thought I would do exactly the same, sending them an email in which I said I hadn't seen the notices and wanted to appeal. THey replied asking me to send them a meal receipt from the restaurant????!!!?? This made me start to smell a rat because why would they ask me this and not my friend when we appealed with the same excuse, and also what has this got to do with anything? Either they charge me because I wasn't a customer (I was but have no receipt) or because I didn't pay and display. SO I searched online and found this thread stating the whole thing is a scam!

My problem now is what to do because I have emailed them, stating I want to appeal (which M. Lewis in his guide states I should NOT have done!) and naively included my name and address as they asked for it. I can't really follow his and everyone in the forum's advice now, can I, and ignore it because I unknowingly played right into their hands!!

Any advice on what to do? Would replying and paraphrasing what I've found here about them being scam artists help or hinder my case do you think?

Many thanks for any replies!!!:mad: