Advice re parking ticket

stargirl73

Hi!

I've read through other threads and they've been really helpful but I'm hoping for some reassurance on my own situation.

I recieved a parking ticket from a private security firm for parking where I shouldn't. Which would be fair enough only the "contractual notice" that informs you that you shouldn't be parking there was on a door, which at the time I parked was open and thus not visible. When I returned to the car, the first thing I saw, before the penalty notice, was the sign.

I wrote to the company explaining this, I was polite and courteous, and generally tried to appeal to their better nature.

They replied saying my appeal had been declined, that they wouldn't enter into a multiple appeals process and that further action would be taken against me if I don't pay up.

There is no phone number for the company, just a P.O. Box.

I spoke to the Citizens Advice Bureau - they thought it sounded like a bit of a scam and advised me to contact the council and local trading standards. Which I did.

Someone at the council has sent me a map of the area where I was parked showing all the adopted highways on it with a note attached saying that if I was parked on an adopted highway, then only Northumbria Police have the authority to issue a penalty notice.

Close inspection of the map shows I was parked on an adopted highway so technically they were not supposed to be able to issue the ticket.

But as they have said they won't enter into further communication I don't know what to do.

My union Amicus provide free legal advice so I rang them. The lady was very sure that i should "sit on my hands" and do nothing. She said that if they took me to court they would have to prove that they had suffered a loss and if they couldn't do that then they would have no case.

The thing is it's a $60 fine rising to $85 (pound sign not working!) in 14 days and then legal action. I can't best afford $60, even less so $85 and I'm just not confident to do nothing incase of the costs spiralling.

Can any body confirm what the woman from the union said? Or should I do nothing because I was on an adopted highway and therefore they had no right to issue the ticket in the first place.

I'm just really confused now

Or should I just cut my losses and pay the $60 and send everyone a copy of the fine in lieu of Christmas presents -grrrrr!

By the way, I only parked where I did as the public car park I was heading for was full due to a music event (not that I think that will carry an weight)

I hope someone can help.

Thanks in advance

StarGirl

derrick

I would believe what the council have said, as they have sent you a map, and assuming that map is correct and you where on an adopted highway, then a private company have no jurisdiction, do nothing and wait.

What is the name , or any other info re the company, as it could be possible to obtain a phone numnber

stargirl73

Hi

Thanks for your reply.

The company name is NPS - Northern Parking Solutions.

They are registered with the BPA.

I can find very little information about them - other than their PO Box in Whitley Bay and by doing a company search I have come across a residential address in Whitley Bay.

Thanks again

derrick

Can't,(yet), find anything for NPS,but some info re BPA, (British Parking Association ?)

British Parking Association Stuart House, 41-43 Perrymount Road Haywards Heath, West Sussex, RH16 3BN e-mail:[EMAIL="info@britishparking.co.uk"]info@britishparking.co.uk[/EMAIL] tel:01444 447 300 fax:01444 454 105

Maybe a county for NPS, as there seems a lot of areas

piggeh

I highly doubt it's enforceable. I would write a letter stating what the council have said, and that you consider the matter closed. I doubt it will then go any further. Obviously keep correspondence anyway for future reference.

From what I also understand, private land parking is subject to 'contract law', so it would have to be shown you were offered and accepted a 'contract' for parking there. As there was no sign on display, it cannot be said you accepted anything, and I doubt purely by parking a car somewhere that you are entering into any contract.

Tincan2

Hello Stargirl - Did you every resolve this problem about Northern Parking Solutions. I too have been issued with a ticket and wonder if it is a con.

anewman

Other posts are nearly a year old now Reading these posts my guess would be she didn't pay up, and got away with it.

frank_potter

Sounds like a private parking ticket.

DO NOT PAY private parking tickets. This is only an invoice and is unlikely to be legally enforcable.

Under Civil law they can only claim actual damages from you and cannot claim a penalty. The actual damages suffered by the parking company / car park owner are probably negligable.

Look on the forum at: http://www.pepipoo.com/ for advice on how to deal with private parking companies.

Whatever you do avoid disclosing the identity of the driver of the vehicle to the private parking company - you are under no legal obligation to do so.

melipona

Just to add support to Frank Potter and the www.pepipoo.com site.

My Mum got a letter after her sister had overstayed in an Aldi car park whilst borrowing her car. The overstay was 15 min, and her sister would have been content to pay for her little indiscretion if 1. They had asked for a reasonable amount and 2. the company had not tried to intimidate my Mum into paying.

The letter said that My Mum as the owner of the vehicle was responsible for the payment, this is not true!
Both the company who sent the letter and Aldi know that the owner is not liable for another's overstay in a private car park yet they send out the letters stating that they are in an attempt to extract money.

I was outraged by this behavior and by the attitude of Aldi when I explained the matter to them. We will never use Aldi again as a result of this, regardless of how good the value of their products are. In my opinion, a company that acts with such immorality towards others does not deserve a penny of my money.

Just for clarity, the owner does have a legal responsibility in a council owned car park but not in a privately owned car park. For an explanation see www.pepipoo.com

RWH_2

Hi,

I'm also a bit wored about NPS. Granted I parked in the wrong place. There is a private garage in my building but my fob to activate the door didn't work so i left it outside in another bay and got a ticket. It's a pretty good excuse but my mistake all the same, considering i did park directly in front of the sign saying vehicles without permits will be ticketed.

What got me was I rang the number on the back and the first question was "can I have your credit card details?" no questions about who I was or where I was parked or even the number of the ticket. This got me very worried and i thought it was a scam. When i said this the lady just said do you want to ring back later?

Any advice?

Wig

RWH wrote: »

Hi,

What got me was I rang the number on the back and the first question was "can I have your credit card details?" no questions about who I was or where I was parked or even the number of the ticket. This got me very worried and i thought it was a scam. When i said this the lady just said do you want to ring back later?

Any advice?

Don't phone them up, don't ever tell them who was driving, any letters they send to the registered keeper, reply to them stating that their correspondence should be sent to the driver - of course you have no intention of telling them who the driver was.