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Penaulty notice for parking on the lines

m0jo
m0jo Posts: 283 Forumite
100 Posts
edited 18 September 2009 at 3:36PM in Parking tickets, fines & parking
£100 ticket says I was incorrectly parked but you know how car parks are. there was a group of us all with tyres touching the lines, so we weren't too close to car before?

:confused:

Have a phone number shall i just ignore all commuinication or can I settle this now over the phone?

ADDED
I do apologise its private parking... read some stickies not all :(
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PS3 PSN ID: mojoster

Comments

  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    m0jo wrote: »
    £100 ticket says I was incorrectly parked but you know how car parks are. there was a group of us all with tyres touching the lines, so we weren't too close to car before?

    :confused:

    Have a phone number shall i just ignore all commuinication or can I settle this now over the phone?
    I presume from the amount of £100 that this was a private car park, not a council one. If so, ignore steadfastly, don't phone them or they will pester you for much longer.

    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.
  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    OP - have you read the sticky on the front of this board? We need a little more information before we can assist.

    Council ticket or private, for a start?
  • m0jo
    m0jo Posts: 283 Forumite
    100 Posts
    edited 18 September 2009 at 3:38PM
    Cheers Bargepole only really dabbled in the competition part of the forums but the mrs's called me in distress almost in tears reading this thread section has been a real help and thanks for your reply!

    They mention they'll obtain details from the DVLA so i'll expect some letters. Which i will ignore.

    But worst case and it did go to court, would it just be a case of going and stating that there was no signs displaying the terms "cars should be parked in the bay" Any photos they took will show the wheels touching the inside of the line.

    They'll also need proof who was driving.

    And worst worst worst case. am I correct in believing they can only charge loss of earnings which would surely mean worst case they would only be able to charge for the bay next to the car which would be £1.50 the price paid for the parking ticket.

    I'll just keep the thread updated as the letters come I guess if indeed they do. lol Hardly seems worth it. Must say thanks to the site first instinct would have been to pay.
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    PS3 PSN ID: mojoster
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    m0jo wrote: »
    ... And worst worst worst case. am I correct in believing they can only charge loss of earnings which would surely mean worst case they would only be able to charge for the bay next to the car which would be £1.50 the price paid for the parking ticket. ...
    Spot on. Which is why it'll never go to court.

    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.
  • pin1onu
    pin1onu Posts: 21 Forumite
    edited 19 September 2009 at 3:37PM
    The private parking companies often don't have sufficient rights to the land to enable them to offer any contract for parking whatsoever.
    This often overlooked as a starting point for a defense.

    You've mentioned the actual contract loss as well. There is also the element of Unfair Terms in Consumer Contract Act 1977 which says that if a contract term has not been pre-negotiated and puts one party at a significant disadvantage then it will be deemed unfair and invalid. So any amount that got past a contractural penalty would be ruled out on this basis.
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