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Private Parking - I admitted I'm the driver whoops
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commonwealthclaire wrote: »With that in mind, I paid the charge, even though I think it is daylight robbery, bordering on extortion.
Having seen the posts here, I am thinking that I might appeal, or at least contact the company and tell them what I think of them.
I don't think you could enlighten them in regard to what people think of them. As far as the appealing, they have your money and they ain't going to give it back!
It is difficult with hire companies they do seem to get sucked in by these parasites, remembering of course it's a nice little earner for them too, with the admin charge!0 -
Today brought some more news : My husband was told by the hire company that they would only charge a "nominal" administrative fee of 42 GBP, I guess to cover the staff time required to rat me out (oops, I mean provide ParkingEye with my contact details). I reckon that gives them 8 GBP a minute. Nice work if you can get it.0
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commonwealthclaire wrote: »Today brought some more news : My husband was told by the hire company that they would only charge a "nominal" administrative fee of 42 GBP, I guess to cover the staff time required to rat me out (oops, I mean provide ParkingEye with my contact details). I reckon that gives them 8 GBP a minute. Nice work if you can get it.
As it is not a fine then don't pay the admin charge. There is a thread on here about the issue of lease/hire cars. Let me see if I can find it as it has some very good links about such a situation.
Edit. Here it is!
https://forums.moneysavingexpert.com/discussion/3748269"You should know not to believe everything in media & polls by now !"
John539 2-12-14 Post 150300 -
If they take payment from your card automatically, if it was i'd send them a letter before action and take them to the small claims. This is not a reflection of their costs. They will cave in because it will cost them hundreds to defend this as they will obviously need to send solicitors etcExcel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
They are all or have been suspended from accessing the DVLA database for gross misconduct!
Do you really need to ask what kind of people run parking companies?0 -
You can not claim trespass as the car park is still part of the highway if it can be driven in to without barrier.
Private land or not.
If you dont want trespassers, you build a fence.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
You can not claim trespass as the car park is still part of the highway if it can be driven in to without barrier.
Private land or not.
If you dont want trespassers, you build a fence.
For clarity the Road Traffic Act defines private car parks and indeed driveways etc as "roads" and as such RTA Offences can be committed at these places , but that does not mean that the land is not private and that the tort of trespass will not apply.0 -
Nominal damages are awarded when claimant proves the tort but there is no loss...what figure a County Court would consider reasonable is anybody's guess ....but I suspect it could well be an amount less than a PPC invoice ..which is why they and/or the landowner don't want to go this route.
If the car park is for a shop and you can prove you were in that shop spending money by way of receipts or such, would this not minimise what a county court would consider "nominal"?
Common sense would say that the more time you spend in a shops free car park, the more you are in the premises. You are therefore falling for their in-store advertising more and spending more money.
If it can be proved you were shopping there surely the nominal "damages" should amount to no more than £0.01...as the land owner probably made more money by you being parked there.0 -
scabbyfiver wrote: »If the car park is for a shop and you can prove you were in that shop spending money by way of receipts or such, would this not minimise what a county court would consider "nominal"?
Common sense would say that the more time you spend in a shops free car park, the more you are in the premises. You are therefore falling for their in-store advertising more and spending more money.
If it can be proved you were shopping there surely the nominal "damages" should amount to no more than £0.01...as the land owner probably made more money by you being parked there.
You are missing the point , the amount of loss or as you say gain is irrelevant. The damages are for the trespass alone i.e. the act of being on the other parties private land when they have withdrawn (or not ever given) permission for you to be there.
Nominal damages are for the act of trespass (if proven) regardless, in simple terms it hinges on it's their land and they are allowed to exercise their right for you not to be there..still a mystery as to what sort of amount a court would deem appropriate for this though !0 -
Thanks for the interesting link.
I just got a reply from Budget, and unfortunately it looks as if they have covered themselves in their terms and conditions by referring to the transfer of "[FONT=Consolas, monospace][FONT=Arial, sans-serif]all fines or charges in relation to any parking, traffic or other offences..."[/FONT][/FONT]
I have sent them a snarky reply to their email. But, if they have put the fee on my credit card, I am not sure what I can do about it from Canada.0 -
If they take payment from your card automatically, if it was i'd send them a letter before action and take them to the small claims. This is not a reflection of their costs. They will cave in because it will cost them hundreds to defend this as they will obviously need to send solicitors etc0
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