£70 Parking Fine in non P&D Car Park

bargainaholic

I think we're goin to have to try and go back to take more photos. With the signs positioned the way they they were we didn't pass a single sign on either driving to the space we parked in, or on foot leaving the car park.

Having had a good look round online it seems there are a few ways of contesting these:

The contract is with the driver, not necesarily the registered keeper, we are under no obligation to tell them who was driving.

The tickets are supposed to have a date of the offence and the date of issue on them. Most tickets, mine included, do not. They are therefore illegal.

Under constitutional law it is illegal for them to demand money before a court conviction (bill of rights 1689).

I don't know which is the best route yet but, despite an almost sleepless night, I still don't feel very inclined to pay such an excessive amount.

firespire

Every retail park and supermarket I go to has time limits on parking (all are free) even in car parks I think don't need it and I often see the person walking around checking cars . As it is so common now if I go to a carpark I have never been to I always check the rules and sometimes have to search them out usually they are high on lamposts or on the sides of buildings. You also need to check you have parked within the lines and not in a special use like disabled space.

I think the signs should definitely have been clearer but I think they have a right to fine people who use their car park who go shopping elsewhere as they pay to build and maintain the car park only to have it filled by people who want to avoid paying for city parking elsewhere or leave their cars there all day and get a bus onwards and treat it like a park and ride car park.

hollydays

I had a similar issue one,but on a public road.Citizens advice bureau told me that that it was my responsibility to go and look for the signs even though one of them was also obscured by branches.The way i see it,you have missed the signs and may as well pay up.Bad experience,I know how it feels.I have heard of the issue re driver and registered keeper being mentioned as a get out.Is it worth the aggro though?

dap_3

I would be inclined to reply to them (once they have posted you a letter to your address), with the harrassement letter (to company secretary) (Post 18, near the bottom of ...

http://forums.pepipoo.com/index.php?showtopic=12728


Other private parking threads:
http://forums.pepipoo.com/index.php?showtopic=13157
http://forums.pepipoo.com/index.php?showtopic=14341
http://forums.pepipoo.com/index.php?showtopic=14280


Feel free to post your own case (Start a new thread) in there, you will be told what the best option is.

skintchick

The thing is that retail parks usually do have a limit on how long you can park there for free. I think you rather took the mickey by parking there then going into town for hours, and that you do deserve the fine. Just pay it and don;t do it again.

MarkyMarkD

dap

Thanks for the detailed posts, but they are all too recent and nobody there has been successful with their supposed defences.

It's all just a lot of "we think it's wrong and this is why".

And I normally rate pepipoo - its speed camera related stuff is very good.

OverlandLandy

OK........a LONG shot here..........

Ask them how they recorded the fact that you were parked longer than you should have been?

If its on a 'bit of paper' not much you can do........however if they recorded it in a handheld terminal/pc etc...they may be in breach of the Data protection act (as they recorded details of your vehicle without your permission).

In addition if you loose the argument on the data protection act - you can then argue about how and when the 'data recording euipment' was calibrated?
It may be worth spending £30 and getting your solicitor to send them a letter on your behalf if your initial one fails.

Good luck with it....but you may find out that you have been 'in breach of contract' and have to pay up.......think it will be covered by civil law (but waht do I know I live in Scotalnd which has its own legal system...it makes clamping illegal up here....so its not all bad!)

skintchick

OverlandLandy wrote:

OK........a LONG shot here..........

Ask them how they recorded the fact that you were parked longer than you should have been?

If its on a 'bit of paper' not much you can do........however if they recorded it in a handheld terminal/pc etc...they may be in breach of the Data protection act (as they recorded details of your vehicle without your permission).
In addition if you loose the argument on the data protection act - you can then argue about how and when the 'data recording euipment' was calibrated?
It may be worth spending £30 and getting your solicitor to send them a letter on your behalf if your initial one fails.

Good luck with it....but you may find out that you have been 'in breach of contract' and have to pay up.......think it will be covered by civil law (but waht do I know I live in Scotalnd which has its own legal system...it makes clamping illegal up here....so its not all bad!)

I've been told by the police that this is not illegal. (Dont; ask why I had to find out, it wasn;t to do with parking though).

dap_3

I cannot find anyone on there that has been taken to court due to a private parking ticket.

Do you honestly believe that these are enforcable?

Consider the recent cases of many people reclaiming their unfair bank charges. They *signed* a contract agreeing to this.

So even if they are able to prove that a contract exists (which, i really doubt), how is it reasonable to charge £70 for parking a bit too long?

It would seem to be an unenforcable, unfair penalty charge...

Do you know of any cases of private tickets being taken to court (as opposed to just many threatening letters)?

gingin_2

I have used this carpark a number of times and I thought it was clearly marked that this was a 2 hour stay maximum.