Theoretical question regarding parking tickets

martits

Given the fact that private companies have no power to enforce payment. What would happen if a person returned to the same car park every day and overstayed their welcome or didn't buy a ticket.

Surely there must have something they can do? Although clamping has been banned now, right?

Would the person just get nothing more than a letter each day or would they give up? Or could the parking company actually take you to court?

sarahg1969

Yes, they could. And in those circumstances, the PPC may be successful.

esmerobbo

You may get away with one or two, however if they had proof of you gaining many tickets you may well come unstuck.

torontoboy45

it would greatly increase the chances of a PPC success in front of judge cocklecarrot.

I believe it was this type of behaviour that swung the oldham case (whether it was a set-up is another argument).

btw, clamping on private proerty remains legal; the ban may come into force later this yr. let's hope so.

martits

So this makes me confused about the parking company's rights. Everybody is saying don't pay the ticket as it is a scam and they have no rights, but if a person had multiple tickets, the parking company do have rights and can prosecute.

If they have photographic evidence of one incident, surely that would be valid in court?

esmerobbo

They cant prosecute you at all as its a civil matter.
Many invoices or charges are no more enforceable then one! You have the defence of they have to prove the driver! They have to prove you saw, or should have seen the signs. They would have to prove the charge was not a penalty put a charge to cover their loss!

Now if they could prove you were driving, and you parked 10 times in their car park. A Judge may give them the benefit that after 10 times, you would have seen the signs! A judge may believe you abused their property and if they could prove that it cost them to maintain and run the car park a Judge may believe their charges are just!

Now you notice I used the words "May" "could" "believe" it could be that as Torontoboy45 stated that Judge Cocklecarrot, thought you were taking the pi$s and make an order for the PPC. It has been known.

The chance of the PPC taking you to court is minuscule, as its not financially viable for them really. Also they know that they would almost certainly lose. However if someone goads them they may fancy their chances a wee bit more and hope they get a Judge Cocklecarrot!

I would certainly park in different car parks and ignore any invoices I received, no matter how many I got, but I don't think I would push parking in the same one continually. Although I would bet many do!

As for the photographic evidence it may show the car [must do] and the driver [most don't], but they would still have to prove you saw the signs, read the signs, and agreed to the contract. Then prove the charge is a loss and not a penalty.

Coupon-mad

As Martin Lewis says, these PPC tickets are pretty much unenforceable.

But - it is just within the realms of possibility that if a landowner/PPC had evidence that the same driver had repeatedly parked and caused that landowner repeated loss (e.g. in a small retail car park, parking all day, regularly) then a judge might accept that a charge was reasonable. It would depend upon the signage being clear, the fact that the driver had 'probably' seen the signs, and the fact that the amount charged would be able to be shown to reflect the 'loss' suffered by the landowner and was not just a random penalty.

Personally I don't worry about this REMOTE possibility and have certain car parks I do use for a while when shopping (whether it be myself, my OH or my DS1 or a friend who is the driver at the time).

Most PPCs who NEVER do Court, ever. So if I was in a car park run by Euro, Parking Eye, Britannia etc. I would not be concerned in the slightest. I would be more wary in a car park run by the loony company OPC though, and more wary of repeatedly collecting tickets in a Hospital car park (as both are known to chance their arm with Court).

martits

Brilliant answers from esmerobbo and coupon-mad. Thanks.

I forgot to mention that I wasn't planning to do the above trick but I thought the question would clear up any doubts I had about the parking company's rights.

Does this mean you guys sometimes don't buy tickets at all? Or do you just buy the shortest stay tickets and not worry about the time limit?

esmerobbo

martits wrote: »

Brilliant answers from esmerobbo and coupon-mad. Thanks.

I forgot to mention that I wasn't planning to do the above trick but I thought the question would clear up any doubts I had about the parking company's rights.

Does this mean you guys sometimes don't buy tickets at all? Or do you just buy the shortest stay tickets and not worry about the time limit?

I have never had an invoice at all, except two as the registered keeper, I was not the driver.

I am not a goody two shoes but I pay if it is a pay for car park. However if I received a parking charge invoice for any contravention they deemed I made they could swivel!:D

As for the two invoices I received as the RK I saw Parking spy off by stating shut up or put up! They shut up!
UKCPS is up to the second letter, they can swivel, not even going to give them the option of shutting up or putting up. They are on ignore! Just looking forward to them making the mistake of issuing court papers!:D

I could do with a day out!:D

tbourner

[hijack]
I didn't know hospital car parks were private parking companies? Which car parks do you have to pay in? Council run ones? What's the quickest way to tell who's running it?
[/hijack]

esmerobbo

tbourner wrote: »

[hijack]
I didn't know hospital car parks were private parking companies? Which car parks do you have to pay in? Council run ones? What's the quickest way to tell who's running it?
[/hijack]

Some NHS use parking companies some do in house.

The only way to see who owns the car park is to read the signs.

Most council car parks are pay and display, barrier operated, or time governed.