Private Parking Charges - Newbies Read

MichaelCR

Hello Everyone !

I just wanted to contribute towards these boards and to many people who start new threads here seeking advice and information regarding 'Parking Charges' issued by Non Council/Police official Bodies.

So then, You've just received a 'Parking Charge Notice', Heres what to do !

Firstly, Take the time to thoroughly read through the Charge Notice, Now then, The first indicator wether the Charge Notice is genuine is actually by the name 'Parking Charge Notice', Why is that ? Well, Because a private company are not allowed to use wording such as 'Penalty, Fine, Penalty Notice, etc etc' because they have absolutely no authority to issue a Fine or Penalty, Only Official Council authorities or the police have the power and authority to issue fines or penalties.

So, Instead a private parking company issue a 'Parking Charge Notice', A Notice is the legal concept in which a party is made aware of a legal process, Or intended legal proceedings, It in no way is a request under law for payment, Therefore all a Parking charge notice is doing is making you aware of an intended legal procedure that is being planned against you, Basically scare tactics into making you think you have some how broken the law, When in fact you haven't.

The next big indicator is the fact that a Private Parking company will not quote a specific law you have broken (Because you haven't broken the law) !

Where as an official parking fine (PENALTY Charge Notice) issued by a council authority or the police will state the law that was broken and will have the title 'Penalty Charge Notice', Such laws or 'Acts' that could be quoted are 'Traffic Management Act 2004' - Regulation 9 of the civil enforcement of parking contraventions (England) General Regulations 2007, 'Rail Bylaws', 'Road traffic act 1991' etc etc.

So to sum up so far, If your parking 'Ticket' is titled anywhere 'PARKING Charge Notice' Don't let this ruin your day, As it is an un enforceable invoice, Simply throw it in the bin.

If it is titled 'PENALTY Charge Notice' and also quotes an 'ACT' or specific law as mentioned above then it is an official Fine in which you should seek the appropriate legal advice, As non payment of these will most likely lead to more serious consequences !

So then, You've checked through it, And it is titled 'PARKING Charge Notice' then you are in good luck ! You can throw this worthless paperwork in the bin and completely ignore these rouges !

A Private parking firm will send you all sorts of Threatograms (Letters with 'Threats' of legal action should you not pay), Please don't be scared by this, As they will 99.9% of times never even bother taking this to a COUNTY COURT, As for a judgement or a claim to be made, They will have to prove that you where the Driver of the vehicle (Not the owner), This is because you have entered a 'Contract' between yourself and the landowner or the firm that represents the landowner (You enter a contract or accept certain terms and conditions when you enter private property should there be clearly displayed signs), Therefore you as the driver are in breach of the contract, Not the vehicle owner, Therefore they can not claim against the owner unless they can prove the owner was the person who was driving the vehicle (Pretty much impossible), So when the driver of the vehicle parks the vehicle in the car park and pays or otherwise, He or she is is accepting by way of His or Her actions and a contract is formed between he or she and the owner of the land, Only the driver of the vehicle (Not the owner, Unless the owner was the driver), and the owner of the land are a party of the contract unless the parking company 'Acts' as their agent, To make a claim in a civil court they would also have to provide evidence as to how your actions have caused 'Loss, Injury or harm'.

To summarize !

- Only ever take notice of 'PENALTY CHARGE NOTICES', These are issued under the 'Road Traffic Act', Only an authority acting on behalf of the local council can issue 'PENALTY Charge Notices', In which case the paperwork you are given will state under what act authorizes them to require payment from you, Anything Police issued or issued by a COUNCIL is enforceable !

Here is an example of an enforceable PENALTY Parking Notice as issued by a Authority acting on behalf of the Law

http://www.tpuc.org/files/PCN3(1).jpg

Notice 3 things on the notice,

- It Clearly States 'PENALTY Charge Notice', PENALTY being the main indicator that this is enforceable, A PENALTY is a punishment established by law or authority for a crime or offense committed, And is a sum of money, required as a forfeit for an offense, Only an Authority acting on behalf of a council or local authority or the Police can issue these.

- It clearly states under what 'Act' 'Regulation' or section of the law that you have broken.

- Its issued by a Local Council !

Seek Legal advise to see how you can appeal this, Or simply just pay up whilst you have the 'Reduced fee settlement' available to you (Typically 14 days from the issue date).


Now then, Heres an example of an unenforceable invoice, Or as they call them 'Parking Charge Notice' issued by a private parking company.

http://i42.tinypic.com/23uz8yo.jpg
http://i38.tinypic.com/28k7d6f.jpg
http://i43.tinypic.com/2zxmj37.jpg
http://i44.tinypic.com/2w74pqq.jpg

(Hope no one died of laugher reading them)

Important things to note

- Firstly, Its called a 'PARKING Charge Notice', Its just an invoice for you to pay them, Its not a penalty, Its not a fine, And its not issued by any authority nor is it backed by any authority, Court, Or section of the law, Screw it up, And bin it.

- See how no law, Act, or regulation is quoted ! This is because you haven't broken any ! So don't be scared or worried, Put your feet up and have a coffee, Preferably after you've binned this silly invoice.

- Its issued on behalf of some silly Private firm or company, Which has no Authority under the law to issue any fines, Penalties, or anything that you are obliged to pay.

Hope this helps at least one person, Knowledge is key, Don't feed these rouges.

Susannasmail

Hi Michael
Thanks for your post, it certainly clears things up for me, I was issued with a Parking Charge notice, interestingly the legislation they quote is The Administration of Justice Act, which appears to relate to Debt recovery, not the Road traffic Act.

I am the only person insured on my vehicle, so would it be easy for them to prove it that way?

In addition I have not caused them to suffer loss because the parking was free, they want to charge me a £100 for not displaying a free ticket I can prove the time I finished my shopping through my till receipt if necessary which means I was well within the free time.

thanks so much, I was so scared and thought I would pay up anyway, you saved me £100 which is really needed right now.

Susanna

esmerobbo

Susannasmail wrote: »

I am the only person insured on my vehicle, so would it be easy for them to prove it that way?



Susanna

I am insured to drive your vehicle, and probably most on here are, with your permission. Besides any PPC has no way of finding that out.

Just ignore whatever you receive.

Sirdan

Susannasmail wrote: »

Hi Michael
Thanks for your post, it certainly clears things up for me, I was issued with a Parking Charge notice, interestingly the legislation they quote is The Administration of Justice Act, which appears to relate to Debt recovery, not the Road traffic Act.

I am the only person insured on my vehicle, so would it be easy for them to prove it that way?

In addition I have not caused them to suffer loss because the parking was free, they want to charge me a £100 for not displaying a free ticket I can prove the time I finished my shopping through my till receipt if necessary which means I was well within the free time.

thanks so much, I was so scared and thought I would pay up anyway, you saved me £100 which is really needed right now.

Susanna

Oh no you are not !!
The vast majority of fully comprehensive motor policies allow the policy holder to drive ANY vehicle with the owners permission albeit they are only covered third party.
So there are millions of us who are insured to drive your vehicle provided you gives us the permission !

Private parking companies do not have access to the Motor Insurance Database in any case , so they have no idea re the vehicle's insurance.

Jle756

Susannasmail, who cares whether or not you were the driver. The companies' clients lost no money; no losses were incurred by your failing to display a ticket for free-parking. It's just a ridiculous attempt to extract money from you. Under English contract law, all that one individual can sue another for is actual losses. Put their charge in the bin, it's a penalty, which is illegal.

Coupon-mad

Do newbies not read the top few threads on the forum when they register?

It is already there, clear as day, every thread telling you to ignore fake PCNs from ANY private company:

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

A Watchdog link is there, copies of the letter chains, everything at the top, the info has been there ages and is regularly updated, why do we need endless new threads saying what we all already know or asking the same old questions already answered in the top threads. Sorry but I don't get it. I know the OP posted helpful (if well-known) info and a newbie found it - but surely both could just READ THE TOP STICKY THREADS?!

funkycoldribena

Coupon-mad wrote: »

Do newbies not read the top few threads on the forum when they register?

It is already there, clear as day, every thread telling you to ignore fake PCNs from ANY private company:

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

A Watchdog link is there, copies of the letter chains, everything at the top, the info has been there ages and is regularly updated, why do we need endless new threads saying what we all already know or asking the same old questions already answered in the top threads. Sorry but I don't get it. I know the OP posted helpful (if well-known) info and a newbie found it - but surely both could just READ THE TOP STICKY THREADS?!

I dont get it either, its like Groundhog day in here sometimes.Maybe people dont know what "stickies" are?

RENEGADE_2

Susannasmail wrote: »

I was issued with a Parking Charge notice, interestingly the legislation they quote is The Administration of Justice Act, which appears to relate to Debt recovery, not the Road traffic Act.

This reeks of a company that likes to call itself "The UK Parking Enforcement Agency", or "Parkforce". Are they the PPC? Did your invoice have red and white chequered squares?

This is what I received in June 2011 and mine too mentioned that same Administration of Justice Act 1970 in the notes. It means absolutely nothing. You have caused no offence and it is there to justify their pathetic and sorry attempts to exact payment from you, which is that they will keep it among themselves (private companies) and avoid the courts.

They cannot demand to check the names of persons insured on your policy. Completely Random And Pointless.

hillcats

Although there is some excellent advice in this thread, I think we all need to remember that as frustrating as it is when somebody comes here or anywhere else looking for info about their first parking charge notice they are concerned about the legalities and the final outcome of such matter hence the question are asked.

I remember clearly receipt of my first from PE, I was not happy to begin with until I googled those magic words of parking charge notice to find out it is a only a scam. Even then there were little seeds of doubt wondering if you can trust what someone (who will not defend you) has written on an internet forum.

It is only after I have sought the same advice and successfully ignored a few of these pathetic charges that I can now feel confident and tell / show others that it is a scam, do be gentle remember they are concerned to start with but will hopefully trust us all and also their confidence will grow and together we will kill off the PPC industry.

shawrty

Thank you soooo much Hillcat for your informative post. I today received a Parking Charge Notice which really made an already bad day even worse especially when I seemed to recall actually paying to park in the Hotel car park (no names or locations to protect the innocent!!) The last time I had visited this car park it was free to park, but fair enough they had introduced meters since then and unfortunately I was rushing to get into a seminar and couldnt figure out the rules and regulations in my rush and I didn't have the exact change required so I asked at reception who happily gave me change and advised that i could pay on the way out, so big sighs of relief from me, went to my seminar and on my way out purchased a ticket which proceeded to print out the times in advance instead of back the way (still not clear on how it works nor the couple of others who stood beside me?) so I thought well the times are wrong but at least ive paid? So I was shocked and dismayed when i got this notice today through the post and surprise surprise when i read through it and tried to call them, there is nobody to speak to, just payments over the phone and any appeals have to be made in writing? I was so angry until i read your post although im not comfortable ignoring threatening letters but there seems to be a theme of similar posts on here so will take your advice.
ps My parking charge is £90 reduced to £60 if paid by 1 weeks time?!! Cowboys!! i assume if i attempt to appeal it will take longer than that to process?

Coupon-mad

shawrty wrote: »

ps My parking charge is £90 reduced to £60 if paid by 1 weeks time?!! Cowboys!! i assume if i attempt to appeal it will take longer than that to process?

If you attempt to 'appeal' a fake PCN then you haven't read enough about these scams. There is NO appeal process, it's the scumbags' way of collecting info about who was driving and in order to mimic a Council PCN (let's pretend there's a chance of an appeal so people think it's REAL!).

Read up on a few threads, even if not about 'your' private parking company, they are relevant to you if they are about ANY PPC:

http://forums.moneysavingexpert.com/...play.php?f=163

You need to read the top thread first, 'PPC letters, what to expect' and see that this whole thing is a mail scam and that the registered keeper of the car will receive some scary debt collector letters! You must ignore them, I know it goes against the grain but you must ignore the whole scam even if the letters appear to have come from a solicitor (they have not).

Just check out that top thread, see what letters the parking company send out. Also make sure you click on 'Welcome, please read before posting' (hahahaha, the irony of having to link that thread almost every time!). Read the info about PPCs there and click on the must-see paper aeroplane Watchdog link. The solicitor telling Anne Robinson about the fake PCN scam is an expert in the field.

HTH