Parking Fine

Optimist

waster wrote:

I do not disagree with any of that per se. However, where this falls down is with the term “implied”. Something can only be implied unless it is expressed. If you ignore the notice then it is implied that, assuming all other conditions relevant have been met, to be valid and the terms etc thereon can be enforced.

However, if you put a note on your vehicle then the notice cannot be implied as it has been “challanged” by the note.

Agreed, You would need to go to court and more than probably appeal to clarify it

Optimist

burbs wrote:

This is a question if anybody knows the answer then i would be grateful. As we have argued about already i have a company who work for me and if your car is parked in my dealership then you will be paying to get it back as simple as that. Qestion is though, when i was talking to the company involved and signing then up they told me that if a member of the public decided to park on my land after i had closed up , got out of their car, walked away and tripped over whilst on my land they could sue me for damages?

Is this correct anybody know.

Too many ifs and buts and unknowns in your question but generally if a trespasser is injured when entering your private land, you may well be liable; unless you can show that you took adequate steps to ensure your property was free from hazard.

The Occupiers' Liability Act 1984 s. 1 plus the more extensive duty owed to a lawful visitor under the Occupiers' Liability Act 1957 s. 2. refers

However the case of John Tomlinson v Congleton Borough Council UKHL 47 in the Lords in 2003 clarified the law relating to an occupier’s duty to a trespasser against obvious risks. Suggest you have a read ;-)

Well_Determined

Daniels Silverman behave in a disgusting, bullying manner. I owed £850 to a firm called Alpha Graphics Hi Density Solutions for some drama school programmes they did for me. I explained that my husband was seriously ill with cancer, and would they please accept £50 per month until the debt was cleared. Daniels Silverman got involved and I was told by them : "Mr and Mrs Billington (Alpha Graphics) don't care about your personal circumstances, they just want their money". Charming. They took it to court in Liverpool where the amount was raised to £1,200. They then sent a group of bully boys who go under the name of High Court Enforcement out to drag my car off the driveway. One of the "bailiffs" knocked my husband down deliberately to prevent him from taking photographs of the way he was carrying on (remember this is a man who has recently had radiotherapy and extensive cancer surgery). We were forced to pay them £1500 to go away (they had now shot the o/s amount up to £2,700). The polic actively discouraged us from pressing charges against the bailiff who knocked my husband down, and after we drove from Bristol to Liverpool which is where Daniels Silverman put the court case through, we paid £75 had got a Stay of Execution and had the case transferred from Liverpool to Bristol. Not happy with this, High Court Enforcement returned and tried (again with the full support of the local police), to take my car again. Even when Liverpool High Court told them there was a stay of execution in place, they refused to believe the lady, and onlt left after an hour and a half and causing my 10-yr-old daughter to be late for school as they blocked by driveway and refused to move. After finally adhering to the stay of execution, I then received a "sour grapes" letter from Daniels Silverman, basically stating that they were going to get me in court and that they now owned my car!!! Well, they know what they can do.......who the hell do these people think they are????

Well_Determined

Incidentally, I have now started my own group, "Campaign Against Financial Exploitation" - or "CAFE". Please let me know if you would like your case to be added to my campaign, as I intend to lobby the government to stop firms like High Court Enforcement (who aren't from the court at all, but are happy to claim that they are), and Daniels Silverman, and other set-ups like them from bullying vulnerable people in the way that they do. This includes the Official Receiver's office, HMRC, Clamping firms, and anyone else who thinks they can scam loads of money out of vulnerable people and take advantage of them in situations where they should be helped, not harrassed.

sabinamay

my daughter has just become another victim of this company and I am at a loss after reading these post now as to what is the best course of action,she parked near the hospital she was attending and paid what she believed was the maximum tariff for the day of £3-50p on returning to her car she had been issued with a ticket,at a loss as to why and seeing no attendant she had to leave to attend another appointment with her own doctor.she was so distraught about the issue that me and my husband drove through to check the tariffs and then returned to look at her ticket only to find that she had in fact paid £3-10p which automatically reverted her parking time to the lesser time of 4hrs (tariff for 4hrs £2-00p ) obviously she mistakenly put in a 10p instead of 50p without noticing the printout on her ticket,so now for the 40p shortfall its going to cost her £90 or £60 if paid within 14days.she genuinely thought she had used the correct change and is really sick that such a silly mistake is going to cost her so much as there was no intent to gain free parking time. my daughter suffers from short term memory loss after suffering a brain injury so I normally deal with her correspondence so my dillema is what to do without condemming her to being hounded by bailiffs so if anyone can offer any advice or updates on how to address the problem I would be truly grateful.

Paradigm

sabinamay & anyone else receiving tickets from these bandits....

They have no more power to issue fines than I do Only the Police & Council can issue parking fines.

What you have is an unenforceable INVOICE & guess what? You don't have to pay.

Ignore the "ticket", ignore all follow up letters (debt collectors, so-called solicitors etc) DO NOT CONTACT THEM.

Debt collection agencies can only request that you pay. They have no legal rights to force you to pay, take your goods, affect your credit rating or "take money out of your wages".

Only court appointed Bailiffs have the power of seizure & thats after you have been taken to court, lost the case & refused to pay!! The chances of this ever getting to court are as close to zero as you can get.

Let me put it this way, if I sent you an £50 invoice for replying to your post would you pay it?

Do a google search for Private Parking Companies & visit the parking fines section of this board to see that you have nothing to worry about

Ignore them & they will go away but most of all DO NOT PAY.

pogofish

jambojen wrote: »

Ok thanks for the info.......i dont really know what to do now, short of going round the CAB, it looks like we might have to end up paying this.
We are going to insist on the photo evidence though. Without evidence i cant imagine they can enforce this?!!
remember he never recieved a ticket on his car............it still smells fishy to me!!!

The answer is simple - Ignore them totally, don't phone, write or do anything to confirm your identity to them. All that serves is to make them chase you all the harder.

As it is, your chance of being pursued by them is miniscule and you have no need to fear threats of going to court, have your goods seized or credit affected. In the meantime, you will get a series of ever increasing threats from them and their associated "debt collectors" (check the small print, they are prob the same firm ) Only respond to properly issued court papers - and I bet you won't see them.

In the meantime, just file all the letters as evidence of harrassment/meanaces and thet will soon enough amount to evidence that will make this unenforcable invoice doubly unenforcable.

BTW, "photo evidence" is all but meaningless in the UK - they would have to privide a lot more than that before any photo would even be admitted and without it, there is no chance of a photo alone being acceptable.

And have a shufty into the Parking Fines subforum, you will probably find a load more about this firm and dealing with private parking predators in general.

Pew_Pew_Pew_Lasers!

After 2 and a half years I doubt the OP cares.

Crabman

Pew_Pew_Pew_Lasers! wrote: »

After 2 and a half years I doubt the OP cares.

Yep this is an old thread but I'll move it over to the Parking Fines board anyway. To any newbies reading - it's far easier if you start a new thread for your case

Neil_B

Well_Determined wrote: »

Incidentally, I have now started my own group, "Campaign Against Financial Exploitation" - or "CAFE".

sorry, can't help it. That is a tad unfortunate given the sideline of a well known Court keen ppc until recently! Do you like pies?
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