£70 Parking Fine in non P&D Car Park

Pelican_2

gingin wrote:

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

Um... me too- I have been a bit confused as to why the OP didn't see the signs. I have never had a problem with that car park: signs are clearly displayed.

JasonLVC

Would the ticket issuer simply not refer your outstanding payment/debt to credit listing agencies and record you as a bad debtor. Ultimately, these fines are a request for payment (aka, an invoice)

That is, you either pay the fine or you contest it. If you contest it, fine, provided you have appropriate reasons, etc. If they don't persue you further then I'd request a 'closure' statement from them, otherwise you may find yourself a few months down the line trying to buy a Fridge Freezer and being refused due to a 'debt' on your record.

Not sure, just the first thought that popped into my mind when reading this thread. Oh and that other forum thread about Netto, etc - seemed to be mostly posts from people who "know" the law and yet can't park their cars properly. So I'd not take their advice too much to heart.

You have to apply common sense here and if companies are paying wardens and back-office admin staff to perform these duties, they must have some remit in law and an ability to make money from it. For example, clampers, they can charge what they like if you park incorrectly/not your land and even tow cars away and very few people have ever got their cars back without paying (or violence).

Shop carparks are private land and therefore I guess the landowner can do what they like, with reason and that can include issuing tickets for overstaying, bad parking, clamping your car, etc.

Pelican_2

I went into this car park again today.

OP, the signs are as clear as day- I don't know how you missed them.

Sorry, but I think the fault is with you and not the car park.

jamescredmond

advent1122 wrote:

Just pay up.
You know you will in the end.

Aaaaaaaaarghhh!!!! Do nothing of the sort!! make sure your facts are straight, then stand your ground!

bluelagoon_3

dap wrote: »

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?

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

I work for a company that has parking problems on its land. The parking company we employ to manage the issuing of tickets has taken more than 400 people to the Small Claims division of the County Court over the last two years (not from our land, but from all the sites they manage) and they have won every case.

When a ticket is issued a photograph is taken of the car parked on our land with the ticket visible stuck to the driver's side window. We also have enough signs displayed to ensure every photo includes at least one of them in the background.

Nearly every ticket issued on our land has been paid within 14 days, there are a couple that are now due to go to Court.

Many people who get tickets are angry at first but most just realise they are in the wrong and pay up. Knowing what I know now, if I ever got a ticket I'd just pay it straight away and put the whole thing behind me.

That said, if you are certain that they don't have a photograph and there isn't any CCTV you could have a go at fighting it - but the risk of losing could be alot more severe than a £60 charge.

N79

I thought I would answer a couple of questions

1. Can non payment of the fine lead to marks on your credit record?

No, because in order to mark someones credit record they have to default on a credit agreement or a court order. Obviously, if it goes all the way to court, you lose and then fail to pay then the CCJ default will be marked. If the company did mark the credit file simply tell Experian / Equifax that there is no CCA agreement and they will remove it.

2. Are these enforceable?

No because under English law you can not charge a penalty for breach of contract. You can only sue for actual loss (called damages). What is the car park operator's loss given that the car park is free? Penalty damages are not allowed under English law (cf US law, where they are). The company is relying on a contract being formed between the driver of the car and themselves and are then sueing for breach of that contract. Presumably if it ever got to court they would argue that the "fine" equals their losses.

Just ignore the ticket. They will write to the registered keeper to pay. The registered keeper just needs to write back saying that they are trying to enforce a contract with the driver and that they have written to the registered keeper. You are under no obligation to inform them who the driver was. End of the matter.

Bluelagoon - I imagine that you are refering to the enforcement of parking on private land not normally open to the public. This is a very different case to the OPs where they parked in a car park that was specifically open to the public and was free.

N79

hollydays

bluelagoon wrote: »

I work for a company that has parking problems on its land. The parking company we employ to manage the issuing of tickets has taken more than 400 people to the Small Claims division of the County Court over the last two years (not from our land, but from all the sites they manage) and they have won every case.

When a ticket is issued a photograph is taken of the car parked on our land with the ticket visible stuck to the driver's side window. We also have enough signs displayed to ensure every photo includes at least one of them in the background.

Nearly every ticket issued on our land has been paid within 14 days, there are a couple that are now due to go to Court.

Many people who get tickets are angry at first but most just realise they are in the wrong and pay up. Knowing what I know now, if I ever got a ticket I'd just pay it straight away and put the whole thing behind me.

That said, if you are certain that they don't have a photograph and there isn't any CCTV you could have a go at fighting it - but the risk of losing could be alot more severe than a £60 charge.

In effect-if you dont get a ticket posted on your windscreen-There will not be a photograph-unless CCTV is installed.

sarahg1969

bluelagoon wrote: »

I work for a company that has parking problems on its land. The parking company we employ to manage the issuing of tickets has taken more than 400 people to the Small Claims division of the County Court over the last two years (not from our land, but from all the sites they manage) and they have won every case.


When a ticket is issued a photograph is taken of the car parked on our land with the ticket visible stuck to the driver's side window. We also have enough signs displayed to ensure every photo includes at least one of them in the background.

Nearly every ticket issued on our land has been paid within 14 days, there are a couple that are now due to go to Court.

Many people who get tickets are angry at first but most just realise they are in the wrong and pay up. Knowing what I know now, if I ever got a ticket I'd just pay it straight away and put the whole thing behind me.

That said, if you are certain that they don't have a photograph and there isn't any CCTV you could have a go at fighting it - but the risk of losing could be alot more severe than a £60 charge.

I would be very interested to hear the details of the cases they have won. I'm assuming they have been defended properly, and the Judge has heard all the evidence and made his judgment from that evidence?

I'd also be interested to know how they manage to trace the driver to chase this debt.

Interesting indeed.

Perhaps you can enlighten us? Assuming you know about the procedures followed by your agents, of course.

ETA: I would be more than happy for you to contact me by PM with further information about some of your successful case. In particular a county court claim number would be useful, so that I could obtain details of the (publicly available) judgment.

MoaningMyrtle

In our local town, people were parking for longer that the 2-hour limit in the free supermarket customer car-park. They then installed a camera to record your registation number and the time you drive in and out. If you are over the time limit, they obtain your details from the DVLC and send you the fine in the post.

There was a lot of controversy whe they first installed the system, however, you can virtually guarantee you will get a space there now.

sarahg1969

MoaningMyrtle wrote: »

In our local town, people were parking for longer that the 2-hour limit in the free supermarket customer car-park. They then installed a camera to record your registation number and the time you drive in and out. If you are over the time limit, they obtain your details from the DVLC and send you the fine in the post.

There was a lot of controversy whe they first installed the system, however, you can virtually guarantee you will get a space there now.

They aren't fines. They are invoices. And how do you suppose they trace the driver, so they can chase them for payment of the invoice? The only information the DVLA holds is the name and address of the registered keeper.