PCN issued in B&Q car park when store was closed...

starelle

Hi everyone,

I have been reading a bit about Parking Charge Notices on various forums, but not sure really if I have much of a case for not paying.

The ticket was issued by ParkingEye, (I have now recieved two letters from them, the second has photos of my car entering and leaving the car park.) on the 23rd of July. The car was parked in a B&Q car park over night, and I genuinely did think that the parking rules wouldn't apply when the shop was closed. I left the car park at 9.45am, so it had only been in the car park when the shop was open for 45 mins.

Now, I would rather just pay the stupid thing if I don't really have much of a case, so what do you guys think? I'm only 19 and really do have more important things on which to spend the little cash I have!!

Thanks very much, all thoughts appreciated.

Josie

shortchanged_2

What were you doing in a car park all night???? :rotfl:


Seriously, don't pay anything, don't contact them. You will get a load of scary letters, just ignore.

starelle

shortchanged wrote: »

What were you doing in a car park all night???? :rotfl:

Staying at a friends!! Sounds more exciting that it was!
Thanks for this guys, so there is no way they can really take you to court etc?

Orford

Parking Eye letter-chain is here:
https://forums.moneysavingexpert.com/discussion/2214803

1 or 2 more from CCS Collect and then they'll go away

rpitchfo

Hi

First post.

Sorry if this is in the wrong place.

I have an example that i would like some clarification on. what about hospitals that use private parking firms are these to be considered fines?

Cheers

trisontana

rpitchfo wrote: »

Hi

First post.

Sorry if this is in the wrong place.

I have an example that i would like some clarification on. what about hospitals that use private parking firms are these to be considered fines?

Cheers

No. because they are administered by private parking companies, who are in reality just private citizens. The law of the land states that one private citizen cannot fine (or punish) another private citizen.

Sir_Roger_deLodger

Agree with most of it, but where do you get this £10 idea from? Are you saying that the next time I get an invoice from Parking Eye for driving into one of their car parks twice in one day, or from Excel for parking a couple of millimetres outside a bay I should send them a tenner?
If the car park is free the damages amount to a big fat zero, and that's what they'll get!

Fergie76

Sir_Roger_deLodger wrote: »

Agree with most of it, but where do you get this £10 idea from? Are you saying that the next time I get an invoice from Parking Eye for driving into one of their car parks twice in one day, or from Excel for parking a couple of millimetres outside a bay I should send them a tenner?
If the car park is free the damages amount to a big fat zero, and that's what they'll get!

No, I think s/he is saying that any invoice should exceed £10, not that all invoices should be £10. They say further on in the post that most losses do not exceed £3.

Legal_Rights

No the £10 is an absolute limit just to cover yourself if it went to court. I shows you tried to do the right thing. The real cost would be whatever the parking fee was, plus the cost of them sending an invoice--perhaps £3-£5 at the most. But this would only be due only if the driver saw the terms and conditions and decided to park anyway, as that would be a breach of contract.

In most of these cases, these firms do not put up proper notices, and rely on people making mistakes as it allows them to make a lot of money each year. Possibly 40% of their income.

If they try to get you near a court you need to mention the law to the county court judge apropos the punitive nature of the claim for damages, as that invalids their claim and will have their case tossed out.

Coblcris

A good article.
I would temper it in the knowledge that in the vast majority of instances the Private Parking Companies do not in fact posses sufficient rights, landowner or agency, to make the offer of parking in the first place. Hence no contract is possible.

Coblcris

Upon reflection I would disfavour the counter offer of a payment of £10.

Perhaps a conditional acceptance upon proof of claim would be better.
It would have to be carefully worded of course.