Parking fine advice please

andrew-the-cat

I'm new to this forum so you'll have to excuse me, but I need some advice.

On the 3rd of October this year I purchased a used car. It was located 280 miles from me and I had arranged for a friend to take me up that morning after I had finished work (night shift the previous night). We arrived at the sellers house at approximate 1400 and after checking over the car, going through its history, for a test drive, handing over the cash, and being fed and watered by his family, we finally set off at around 1600.

After passing through numerous temporary speed limits due to road works, and deteriorating weather, we finally got back onto the M5 and knew we were close to home. After making a stop for food and drink at another service station at around 1830, we started on the final leg of the journey home. By around 1900 I had been awake for almost 24 hours and in that time I had worked for 10 hours and been in a car for almost 9 hours. I could feel the effect of tiredness kicking in and not wanting to risk mine or anyone elses safety I decided to leave the M5 in Exeter in order to have a rest. I pulled in to Exeter Moto Services, parked up in the main car park, and went to sleep on the back seats of the car (most uncomfortable night of my life).

I woke up around 0400 the next morning, went into the services to use the toilet, and then left and completed the journey home by 0500.

Fast forward to today, I get a phone call from the guy I bought the car from. He has received a letter saying that he is being fined for it (only got the V5 through the post two days ago so they obviously got his details and not mine). He didn't read the letter word for word but he mentioned the location was indeed Exeter Services and it also stated the exact time of arrival and departure. This, coupled with the fact that I neither got ticketed, clamped, or woken up by an attendant at the time, leads me to believe it was ANPR on the entrance and exit which clocked me, and it has automatically fined me for overstaying, even though I did not leave the car except when using the toilets in the station.

They are charging £80 for the privilege, and although he has explained he sold the car earlier that day they say he is still liable for the fine until he gives them the new owners (my) details, which I've sent him today so he can get that off to them.

He mentioned the letter does state I will be able to pay a reduced fine of £50 if paid by 27/10/2009.

So, where do I stand?

trisontana

It's not a fine, just an unenforceable invoice. Just ignore.

andrew-the-cat

That sounds reassuring. I shall wait until the paperwork comes through, then scan it in and upload it. I wasn't sure whether it'd be a council car park or one managed by a PPC. But the guy mentioned on the phone the letter said it was for parking in a "private" car park.

My concern is though, that they were able to get the vehicle owner details to send the letter to, does this not mean they have some sort of authority?

Enfieldian

You don't need to scan or upload it, unless you are uploading it into the bin.

trisontana

andrew-the-cat wrote: »

That sounds reassuring. I shall wait until the paperwork comes through, then scan it in and upload it. I wasn't sure whether it'd be a council car park or one managed by a PPC. But the guy mentioned on the phone the letter said it was for parking in a "private" car park.

My concern is though, that they were able to get the vehicle owner details to send the letter to, does this not mean they have some sort of authority?

They got the details by paying just £2.50 to the ever obliging DVLA who will do anything for money. As it was on the motorway, yes it is a private car-park, even though it's sort of on the public highway.

andrew-the-cat

What's the likelihood that I'll end up in court or having the bailiffs round or something if I don't pay?

trisontana

andrew-the-cat wrote: »

What's the likelihood that I'll end up in court or having the bailiffs round or something if I don't pay?

You won't end up in court, it never happens. When you mention "bailiffs" do you actually mean "debt collectors"? If you do then they have no power at all. They cannot seize goods, enter you property or blacken your credit record. Bailiffs only come into the picture if a case goes to court (which it won't) and you refuse to pay whatever the judge tells you to pay. Just relax, nothing will happen.

DrScotsman

The private parking companies will keep sending you threatening letters that don't mean anything whatsoever. The letters will mention debt collectors, they will mention court, but they will be completely meaningless: There is no way you have to pay this money.

Hence, the real problem is not having to pay the private parking company, the real problem is will the previous owner be okay receiving countless letters over this "fine" - if he tells the PPC he'd sold the car they probably won't listen! I mean there's nothing he can do to you if you just let him receive the junk, but on the other hand if he isn't clued in on PPC tickets like you are now, he might get a bit stressed out over these letters.

andrew-the-cat

OK thanks

andrew-the-cat

OK update -

Seller has sent me a low-res scan of the letter - I can just about read it. It confirms that I was caught by ANPR. They claim to "hold photographic evidence to support the claim" and if I do not pay within 28 days I will incur a £40 administration fee (on top of the £80 fine) and they "reserve the right to take further action to recover the debt with interest."

Should I be worried?

trisontana

andrew-the-cat wrote: »

OK update -

Seller has sent me a low-res scan of the letter - I can just about read it. It confirms that I was caught by ANPR. They claim to "hold photographic evidence to support the claim" and if I do not pay within 28 days I will incur a £40 administration fee (on top of the £80 fine) and they "reserve the right to take further action to recover the debt with interest."

Should I be worried?

No, just ignore, and it's not a "fine", just an invoice which they would have great difficulty in justifying in court.