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Stansted Airport Parking - Empark - Deferred Payment Declaration

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Hey,

My dads friend picked me up tonight from Stansted airport. He entered the Short Stay car park by mistake, as there were loads of cars behind him and all the other car parks looked full.

He entered at 22:58, and my flight was due to land at 23:00, but was delayed and landed at 23:19.

I only had hand luggage, and a new passport so could skip the queues at passport control and use automatic gates, so was out around 23:40.

We then went to pay expecting it to be nothing more than £5.00, and there was quite a queue, so probably attempted to pay at 23:45 and it came up as £30.00

I then went to the Customer Service desk to say that 45 mins parking costing £30.00 is extremely unreasonable considering the flight was delayed as well. I had no money to pay them so they gave me a

"Deferred Payment Declaration"

I had to sign this accepting that I'll make payment within 7 days, otherwise they'll start legal action to recover the debt. Legal Recovery costs are £60.00

I filled out my details, car details and gave them a photo copy of my passport. I wrote Signed Under Dispute at the top.

Neither of us can really afford to pay this, and just wondered if anyone has had any experience with this parking company?

Thanks
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Comments

  • MichaelCR
    MichaelCR Posts: 354 Forumite
    Hey,

    My dads friend picked me up tonight from Stansted airport. He entered the Short Stay car park by mistake, as there were loads of cars behind him and all the other car parks looked full.

    He entered at 22:58, and my flight was due to land at 23:00, but was delayed and landed at 23:19.

    I only had hand luggage, and a new passport so could skip the queues at passport control and use automatic gates, so was out around 23:40.

    We then went to pay expecting it to be nothing more than £5.00, and there was quite a queue, so probably attempted to pay at 23:45 and it came up as £30.00

    I then went to the Customer Service desk to say that 45 mins parking costing £30.00 is extremely unreasonable considering the flight was delayed as well. I had no money to pay them so they gave me a

    "Deferred Payment Declaration"

    I had to sign this accepting that I'll make payment within 7 days, otherwise they'll start legal action to recover the debt. Legal Recovery costs are £60.00

    I filled out my details, car details and gave them a photo copy of my passport. I wrote Signed Under Dispute at the top.

    Neither of us can really afford to pay this, and just wondered if anyone has had any experience with this parking company?

    Thanks

    What's the name of the parking company who asked for your details ?
    ' You only live once ! Don't live to regret the past, But to enjoy the future '

    Michael.
  • pompeyrich
    pompeyrich Posts: 3,135 Forumite
    Part of the Furniture Combo Breaker
    Looks like he went into the fast track car park, up to 3 hours £30, or the short stay 15 mins pick up point @£30 for 45mins-2 hours. Link HERE scroll down to see those areas.
  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
    Part of the Furniture 1,000 Posts
    edited 6 August 2011 at 8:33AM
    It looks like Pompeyrich is right and they entered the fast track/short stay area.

    The declaration you signed was it for the £30 or for £60?

    Unfortunately you have signed an agreement to pay them. Although the £30 seems excessive it is service their offering and you used it, although by mistake.

    If they are asking for the £30 I would pay it, if they are asking for £60 I would write offering them £30 and explaining your mistake.

    Or you could take a chance and not pay, but if they do pursue you it could cost you a lot more in the end. You signing it under dispute could only really be argued in a court!
  • RENEGADE_2
    RENEGADE_2 Posts: 948 Forumite
    There is one solution - let the idiots shoot themselves in the foot.

    DO NOT PAY - they will most probably NOT do court but press for bigger amounts through illegal third parties. Only after may they try court by which time the only argument is whether you owe the initial £30. By then, you can have them for harassment proper; get in there first, wait for two or three threatograms.

    How do you achieve those threatograms?

    Write one letter to them after the first arrives. State that you have sought legal advice and that you now believe the amount you were pressurised into signing is a de facto penalty which you would prefer to have resolved by adjudication. Record the delivery, even offer them the amount you believed you initially needed to pay. When YOU hold the money, THEY have to chase.

    If they refuse, just remember that the signature may not necessarily be of that who the person pretended to be. Again, they only have keeper to hasstle and there is nothing to say that this will lead them to their target. Do they even know their target?

    One or two threatograms AFTER your recorded letter inviting them to take legal action, and you're on the harassment case.

    I would be SICKENED to feel a citizen has had to surrender money to a PPC at THIS early stage of not having handed it across.
  • RENEGADE_2
    RENEGADE_2 Posts: 948 Forumite
    Well all right, photocopy of passport. But then this only brings them as close to having you as when a driver appeals - effectively admitting the action and declaring his identity.

    The question is how much weight this signature carries. Now you've sought advice and have realised that this is likely a de facto penalty and that your vehicle was essentially seized and you had no other way of reclaiming it, tell them you've changed your mind.
  • MichaelCR wrote: »
    What's the name of the parking company who asked for your details ?

    The company is called Empark, who I believe are owned by National Express
  • pompeyrich wrote: »
    Looks like he went into the fast track car park, up to 3 hours £30, or the short stay 15 mins pick up point @£30 for 45mins-2 hours. Link HERE scroll down to see those areas.

    Yes it was the Short Stay car park they entered by mistake. When they entered they realised there mistake but I was due out in less than 5 mins, but due to the flight delay of around 30 mins and queue for ticket machine, it just went over 45 mins.
  • esmerobbo wrote: »
    It looks like Pompeyrich is right and they entered the fast track/short stay area.

    The declaration you signed was it for the £30 or for £60?

    Unfortunately you have signed an agreement to pay them. Although the £30 seems excessive it is service their offering and you used it, although by mistake.

    If they are asking for the £30 I would pay it, if they are asking for £60 I would write offering them £30 and explaining your mistake.

    Or you could take a chance and not pay, but if they do pursue you it could cost you a lot more in the end. You signing it under dispute could only really be argued in a court!

    Yes I signed agreeing to pay £30, the additional £60 is legal costs if they do not receive payment within 14 days.
  • RENEGADE wrote: »
    There is one solution - let the idiots shoot themselves in the foot.

    DO NOT PAY - they will most probably NOT do court but press for bigger amounts through illegal third parties. Only after may they try court by which time the only argument is whether you owe the initial £30. By then, you can have them for harassment proper; get in there first, wait for two or three threatograms.

    How do you achieve those threatograms?

    Write one letter to them after the first arrives. State that you have sought legal advice and that you now believe the amount you were pressurised into signing is a de facto penalty which you would prefer to have resolved by adjudication. Record the delivery, even offer them the amount you believed you initially needed to pay. When YOU hold the money, THEY have to chase.

    If they refuse, just remember that the signature may not necessarily be of that who the person pretended to be. Again, they only have keeper to hasstle and there is nothing to say that this will lead them to their target. Do they even know their target?

    One or two threatograms AFTER your recorded letter inviting them to take legal action, and you're on the harassment case.

    I would be SICKENED to feel a citizen has had to surrender money to a PPC at THIS early stage of not having handed it across.
    RENEGADE wrote: »
    Well all right, photocopy of passport. But then this only brings them as close to having you as when a driver appeals - effectively admitting the action and declaring his identity.

    The question is how much weight this signature carries. Now you've sought advice and have realised that this is likely a de facto penalty and that your vehicle was essentially seized and you had no other way of reclaiming it, tell them you've changed your mind.

    Thank you for your reply. Should I wait for them to contact me, or send a letter first stating that I have no intention to pay?

    I filled out my details on the form, and signed it. I am not the driver or owner of the vehicle.

    My dad is the owner, and his friend was the driver which makes stuff a bit more complicated.

    I've searched on here and Google but cannot seem to find any similar cases?
  • RENEGADE_2
    RENEGADE_2 Posts: 948 Forumite
    Now you've gone that far, you are best off contacting them first. Before we go further, you agreed to pay £30. How do they know in advance what their legal costs will be? Why would it be exactly £60 and not perhaps £59 or £61.68? Don't taxes mess round figures? Or are they telling lies?

    You won't get away without paying a penny. I would offer them the amount you believed you had to pay, or two lots to reflect a return to the short-stay but that's all. They can like it or lump it. They start all that "legal expense" cobblers and they'll go down like a sack of ѕhit.
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