Private Parking Ticket,

mp9003

Hi,

I'm not sure if I've posted in the right place..

I was issued a private "penalty notice" from a company hired by a block of flats.
I was fined for out of bay parking however I was not blocking anybody, and I have seen people park there before (I know this does not make it right) and there was a van in there at the time I was parked and the sign also states that, along with no out of bay parking, no commercial vehicles either (he did not get ticketed). Might I add that you do not have to pay to park in the car park either. The original amount was £140, halved to £70 if I pay within 7 days.
Anyway, I ignored the ticket after hours of reading up on the internet about private parking companies and whether it's safe to ignore it.
A month later, I got an increased fine. I also ignored this.
However, today I have received a "Notice of Intended Legal Action" issued by a debt collector hired by the private parking company. This threatens to take me to court if I do not pay up by a certain time (which I might add is 10am tomorrow.. how on earth does that work??) and that documents are being prepared for the final recovery of the debt. Shall I continue to ignore this until I get taken to court and then try and fight my corner? What should I do? I've read that if you continue to ignore them they won't take you to court because they do not have a lot to stand on if they can't prove I was driving, but it has rattled me just a tad!
Any advice would be great, thanks!

wealdroam

mp9003 wrote: »

Hi,

I'm not sure if I've posted in the right place..

I was issued a private "penalty notice" from a company hired by a block of flats.
I was fined for out of bay parking however I was not blocking anybody, and I have seen people park there before (I know this does not make it right) and there was a van in there at the time I was parked and the sign also states that, along with no out of bay parking, no commercial vehicles either (he did not get ticketed). Might I add that you do not have to pay to park in the car park either. The original amount was £140, halved to £70 if I pay within 7 days.
Anyway, I ignored the ticket after hours of reading up on the internet about private parking companies and whether it's safe to ignore it.
A month later, I got an increased fine. I also ignored this.
However, today I have received a "Notice of Intended Legal Action" issued by a debt collector hired by the private parking company. This threatens to take me to court if I do not pay up by a certain time (which I might add is 10am tomorrow.. how on earth does that work??) and that documents are being prepared for the final recovery of the debt. Shall I continue to ignore this until I get taken to court and then try and fight my corner? What should I do? I've read that if you continue to ignore them they won't take you to court because they do not have a lot to stand on if they can't prove I was driving, but it has rattled me just a tad!
Any advice would be great, thanks!

Continue following the advice you read on the internet... ignore.

If you ever receive official court papers, highly unlikely, then post again on The Parking Tickets, Fines & Parking Board.

mp9003

Okay thanks! A bit scared but I'll stick to my guns!

[Deleted User]

I work in the parking industry and know the law regarding this, however I would consider who the ticket was from. If it offers a discount that is unusual because only local authority and "good" parking companies offer this in my experience. A quick way to know would be the wording on the ticket, if it states "Penalty Charge Notice" then you need to contact them, if it is "Parking Charge" or "Notice of intended pros" or "Charge" or "Excess Charge" then follow the ignore rules, be sure that you know how to deal with the ignore rule. I have tried the ignore rule in the past but I was ashamed to have a knock at my door, you can tell them where to go but that does not stop the guys next door looking through the window at you!.
Let me know how you get on and I woild like to help if I can, I have considered creating a service to help with this but my expertise is with local government outside of London so I need to learn more on this section. Good Luck :-)

Tilt

If the 'ticket' had been issued by any organisation other than a local authority or the police, it cannot be persued as a 'penalty' or a 'fine'. No private company are legally entitled to issue these and would not be able to recover them via a court. A DCA have no legal powers without a court order.

mp9003

Thanks I'm 100% that its a private company I looked them up on the internet and they offer their services to car parks and the like to look after them - it's definitely not a local authority. Shall I still ignore them? Anything I do now will be too late anyway because I was supposed to get the payment to them yesterday by 10am without even 24 hours notice...

mp9003

And they aren't allowed to send anybody round to recover the "debt" because its not a debt until the court defines it as one? Am I right in thinking that? So if they do send any bailiffs to my door that's illegal?

vax2002

This is a scam of impersonation>
they impersonate legitimate parking fines issued by councils focusing in similarities with legitimate parking fines in a crude attempt to confuse the general public between the two.
From a legal point of view what you have been given is an invitation to pay a private invoice.
Any citizen of the UK can invoice anyone for anything they see fit, I could invoice you £120 for leaving the dust cap of your tyre.
Now with any invitation, you have a choice to accept (pay) or decline (ignore)
If I think you should not ignore my invoice for leaving your dust cap off I do have a legal right to take you to court for the money.
Now, I would probably loose in court as I can only sue you for my actual losses, as leaving your dust cap off has not lost me any money, the judge would throw my case out and me make pay your your expenses , just like that of a private parking ticket company trying the same.
So instead they will send fake and threatening letters impersonating solicitors and debt collectors, possibly get some spotty teenager on a £2 an hour "apprenticeship" to call you up demanding money.
If this fails, send letter after letter full of empty threats to sue you, send bailiffs and all sorts of empty threats wasting time effort and money, when in fact if they thought they could win they would just go straight to court.
EVENTUALLY they get fed up and move on to look for someone else to scam, rob and thieve from.
So dont fall for the scam, Ignore them, stay ignoring them, don't appeal, there is no appeal, its part of the same scam.
Get on with your life.

Tilt

mp9003 wrote: »

And they aren't allowed to send anybody round to recover the "debt" because its not a debt until the court defines it as one? Am I right in thinking that?

Correct

mp9003 wrote: »

So if they do send any bailiffs to my door that's illegal?

Not necessarilly but you don't have to open the door to them just like anyone else that comes to your door. Without a court order, they have the same powers as Jehova's Witnesses.

wealdroam

mp9003 wrote: »

Shall I still ignore them?

How many times are you going to ask this?

Re-read post #2, and follow the link and read the sticky threads there.

mp9003

Sorry if I repeated myself but a number of different people replied and was therefore asking them their opinion. If you don't like it you didn't have to continue reading my thread but thank you for the people who gave helpful advice.