YOU DO need to pay for private parking?

kevinglancy

I ran a parking company for 2 years, my job was simple, find land where people parked without permission and issue them penalty notices, once we had a client we then erected signs and then started patrolling.

Now allow me to explain in more detail the process.

We would see a car and then issue a ticket if that vehicle parked there, as long as we provided a photograph of that vehicle parked there, had a letter from the landowner stating we had permission from them to issue tickets then the DVLA were indeed obliged to provide that owners name and address in exchange for a fee of £2.50

Once we had their name and address we would then write to that owner advising them they had ignored the ticket we issued (see the evidence of the photo that we enclosed with our letter) and as such the penalty had increased now by this time to £105 we allowed them 14 days to reply, if they did not a further letter would be issued recorded delivery advising that a further £40 admin fee had been added for the need to send that letter and informed them as they had failed to provide the drivers name and address it could only be assumed they were the driver and that they had ample opportunity to respond but failed to do so.

If they failed again in responding then a further £30 would be added to the now outstanding £145 debt owed and we would proceed to the small claims, so much so we used to take approx 50 people to court each month.

When we did go to court, as long as we had a letter from the land owner, had kept to the DVLA rules in obtaining their address and sent sufficient letters to the owner of that vehicle that they had ignored and of course had photos to prove they were indeed parked on the land we were issuing tickets WE NEVER LOST A COURT CASE ONCE, therefore your advice to encourage people to ignore these tickets is damaging and can be costly to that owner of the vehicle, infact in one case the judge said the owner was “stupid” to ignore the letters we sent when it was clear we had evidence their vehicle was there.

As far as taking photos of road markings and parking bays, private land owners are have NO OBLIGATION to ensure proper bays are marked out, why? Because its private land that’s why, as long as there are clear visible signs on the land then it is up to the drivers on that land to adhere to the rules. End of, no excuses and certainly I would not be suggesting that drivers ignore tickets for the simple reason, you are indeed wrong with your advice and I wouldn’t like to see you get inundated with letters asking for money as you advised them to IGNORE letters issued by private car parking enforces.

I am no longer in that job as I didn’t like the amount of people that were forced to pay, your campaign should be focused on stopping the DVLA providing names and addresses of car owners to these companies, until that happens, this issue will never go away.

I hope this helps and hope that you see sense to publish this information to your readers and on your websites.

bargepole

What a load of codswallop!

For a start, there are no penalties under contract law, you can only claim for your actual losses for the breach of the alleged contract, or damages under the law of trespass.

Secondly, it would have to be proved that the person you make a claim against (the owner) was driving, as only the driver can be pursued.

Thirdly, I can only assume that most of those cases that you "never lost" were default wins where the defendant didn't enter a defence, or didn't turn up - there are almost no cases on record of a PPC winning a properly defended case.

There are, however, hundreds, if not thousands, of examples on this and other forums, of people ignoring all threatograms, and nothing happening after the final final last warning letter.

The advice to ignore remains the best in my view, but for those not comfortable with that approach, Martin has a template letter basically saying "we ain't paying now bog off", so take your choice.

McKneff

How can a court convict on an assumption on your companys part that the owner was the driver?


Good post, there, bargepole.

James_N

Until someone - maybe an ammended review?? - makes it clear that there are at least three or four types of "land" and thus parking fines or invoices, then people like this will continue to sow seeds of doubt in the faint-hearted.

1. You parked on a zebra crossing or by a dangerous junction and the police or council got you - pay up! You are a danger to others, among other things. Laws specifically control dangerous parking. Politicians make the laws and are accountable to us.

2. You parked on-street or in a public car-park and a council employee got you - probably pay up. It's probably a properly made by-law you broke. As above - legal public accountability and a proper route of appeal to an accountable body.

3. You parked in a private car-park eg. a shopping retail park. There is an implied invitation to park. There's no law to make you pay up if you break vague unclear terms. A private company thinks it can enforce a PRIVATE CIVIL contract against you, but these are often outragously unfair terms, charges are high, "appeals" are a sham and there is no accountability.

4. You parked on rough ground, or a private place with no invitation to park. Whilst there is no law preventing you doing this, the ability of the landowner to control the space is morally better than a retail park, however losses should be clear and signage and information clear. Often there is a cynical attempt to exploit people parking in such places with outragously high charges and almost criminal threats and tresspass on property (clamping) with extortion and threats. There's no accountability for charges and no effective route of appeal. For these reasons private clamping should be banned.

At least police / council parking rules are usually pretty clear. the rest is a shambles.

peter_the_piper

He does not actually say they they did took anyone to court, only when we did. Also they never lost a case once, maybe it was many times.

mrcow

kevinglancy wrote: »

and informed them as they had failed to provide the drivers name and address it could only be assumed they were the driver and that they had ample opportunity to respond but failed to do so.

Hilarious.

You actually used to write this to people?

James_N

FlyingCabbage wrote: »

Never a truer word spoken. At last, some reason on the forums.

Another one. Or possibly the old one in a new form. Whatever.

movingforward2010

:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

:rotfl::rotfl::rotfl:

peter_the_piper

""I ran a parking company for 2 years, my job was simple, find land where people parked without permission and issue them penalty notices,""

So thats just any land eh?

Coupon-mad

Was that a flying pig, or a flying cabbage passing by earlier?:rotfl:

PPC moles can try all they like to infiltrate the forums but the message is getting through to more people loud and clear.

NEW READERS, YOU CAN IGNORE private parking invoices as they are not 'fines'. In fact they are scams and everyone should know this. Tell your friends & relatives.

Unless a PPC can prove the contract between DRIVER and parking firm, AND if they can convince a Court that they have suffered actual losses equal to the ticket demand (ha!) then they are on to a loser every time.

Martin Lewis was on the radio spreading this news to the nation recently, then today he had a page about it in the NOTW:

http://www.newsoftheworld.co.uk/columnists/martin_lewis/498681/How-to-shoot-down-unfair-parking-fines-amp-penalty-charges.html

If and when this message (soon) gets aired on prime-time TV then it will be another nail in the coffin of PPCs. Start looking for a new job now PPC lurkers - a REAL job.:rotfl:

peachyprice

Coupon-mad wrote: »

Martin Lewis was on the radio spreading this news to the nation recently, then today he had a page about it in the NOTW:

At least we know what 'newspaper' kevinglancy reads with his toast and tea on a Sunday morning. :rotfl: