£70 Parking Fine in non P&D Car Park

sarahg1969

Wig wrote: »

You actually appear to have done a very silly thing, you should not contact them. But if you feel compelled to do so you should always identify yourself as the registered keeper of the vehicle and never EVER say you were the driver or imply that you were the driver. ALWAYS use the third person.

The only reason you shouldn't contact them is that they will continue to write to you a couple more times
- they will think they've got you hooked. And if you're not made of strong enough stuff, you might feel compelled to pay.

However, writing to them does not make their case any stronger, or make it any more likely that they will issue court proceedings to recover the "debt".

Indeed, if you're up for it, writing to them could be good fun. I've done it on two occasions. Unfortunately, I've not managed to persuade them to take me to court on either.

superscaper

sarahg1969 wrote: »

Unfortunately, I've not managed to persuade them to take me to court on either.

You'll have to keep trying harder.

Wig

sarahg1969 wrote: »

However, writing to them does not make their case any stronger,

Of course it makes their case stronger, if you identify yourself as the driver, up until that point they have no idea who the driver is. Their contract is with the driver no-one else.

sarahg1969

Wig wrote: »

Of course it makes their case stronger, if you identify yourself as the driver, up until that point they have no idea who the driver is. Their contract is with the driver no-one else.

NO!!! There IS NO case with the RK, driver or anyone else. Even if they could prove that the driver agreed to enter into a contract, penalties are not allowed under contract law. End of story.

peter_the_piper

I think the net result of all this is:-
Do not contact
Do not reply to any mail
Do not worry
Ignore all mail even the ones in red ink on coloured paper.
Debt collectors cannot force you to pay them.
If you are really concerned by anything from the above, contact Pepipoo
This advise applies only to private parking companies, council ones must be taken seriously.

Edit. DONT PAY!!!

Wig

sarahg1969 wrote: »

NO!!! There IS NO case with the RK, driver or anyone else. Even if they could prove that the driver agreed to enter into a contract, penalties are not allowed under contract law. End of story.

You are incorrect, obviously not in so far as "penalties are not allowed", obviously that is true,
but we are not talking about a penalty, we are talking about a person who drives into a carpark
in the full knowledge that they are agreeing to abide by certain conditions, and if they break any
of those conditions, then a person who is licensed by the landowner will record that a transgression
has occured, will write out and issue a notice to the vehicle.

The driver has agreed to the conditions, the landowner has costs to police the rules and passes on
those costs to the drivers who break the rules and in so doing drivers are dissuaded from breaking
the rules.

You would have to show the costs being claimed for amounted to an unlawful penalty.
If the costs are reasonable, then good luck, because I don't think you would be able to do it.

Please note: I managed to write that reply to you without the use of excessive block caps
and without having a faulty 'exclamation mark' key on my keyboard. Perhaps you could
do the same?

sarahg1969

peter_the_piper wrote: »

DONT PAY!!!

You have one of these faulty keyboards too, eh Peter? :rotfl:

peter_the_piper

MY teecher never cud get me TO do it rite.

intranix

Wig wrote: »

Please note: I managed to write that reply to you without the use of excessive block caps
and without having a faulty 'exclamation mark' key on my keyboard. Perhaps you could
do the same?

Your post was good up until you wrote that :rolleyes:

netpots

I have followed this and other forums concerning Private Parking Companies and situations where people are not paying 'fines' for non payment of parking charge, showing permit, over staying etc. My situation is slightly different. I parked in a shoppers car park, free for two hours for shoppers. When I returned after 1 hour I had a 'ticket' affixed to my car from a Private Parking Company. No where on the 'ticket' did it state why it had been issued, just that I was parked in the car park, as if I did not know that fact. I wrote to the PPC, I know I shoudn't have, and my MP, who also wrote to the PPC, asking why it had been issued and photos showing their 'evidence'. Their reply - 'being dealt with by our appeals department' plus no photos or evidence sent to me or the MP. Seven months later - appeal refused, pay up.
My gripe - I was parked correctly, did not over stay, shopped at shops but given a 'ticket'. I really believe the 'ticket' was issued by the 'attendant' hoping I would just pay up and the PPC have not bothered to find out why it was issued. So you see my dilema, I was parked correctly. I am not fighting this because I disagree with the rights or wrongs of PPC, but because I have done nothing wrong.