Parking Eye Parking Charge Notice

give_them_FA

You are making the classic mistake so many people make, Miles, and looking on this as though it were a legit and legal operation. I'm surprised you didn't consider the possibility they would get Interpol involved in case you tried to flee the country, or pick up all the cigarette butts for DNA testing to prove you were in the car park...

You are taking all of their bullsh*t SERIOUSLY! Why? This is a PRIVATE COMPANY which in law has no right whatever to issue fines... and knows it, because a Judge told them so on the one and only occasion when they were foolish enough to actually take it to Court! So they send you a speculative invoice dressed up to look official. It isn't it's a FAKE.

There isn't going to be a top-level investigation, no hours spent trawling through the CCTV to get a clear view of the driver's face... and you don't have to tell lies because you don't have to tell them who was driving! Just ignore their request for info, they are not the Police!

all the clowns do is to send out a pre-set series of threatening letters in the hope that you crack and pay them money they are not entitled to.

If you ignore them they give up and go away. End of.

Stop playing by their rules!

miles3659

Yes, I know they are out to overcharge.

But it is legal for a private company to operate a car park.
And if you aceept their offer to park you enter into a contract.
Otherwise everyone would use all private car parks for free and never pay.

My question was which of my 3 options is best.

1. Deny any liability on the grounds that I didn't park - I never left the car. But that would be confirming it was me.
2. Deny any liability on the grounds it wasn't me (except that it was and it stops me using the "I didn't actually park argument")
3. Just don't reply at all - and if I don't what is the chance that after form letter 7 they do go to court. Then wouldn't my lack of any reply be against me?

Stephen_Leak

miles3659 wrote: »

Yes, I know they are out to overcharge.

But it is legal for a private company to operate a car park.
And if you aceept their offer to park you enter into a contract.
Otherwise everyone would use all private car parks for free and never pay.

My question was which of my 3 options is best.

1. Deny any liability on the grounds that I didn't park - I never left the car. But that would be confirming it was me.
2. Deny any liability on the grounds it wasn't me (except that it was and it stops me using the "I didn't actually park argument")
3. Just don't reply at all - and if I don't what is the chance that after form letter 7 they do go to court. Then wouldn't my lack of any reply be against me?

Any warning signs are usually so badly positioned and worded, that they won’t have created a fair and legally binding deemed contract between the car park owner and the driver in the first place. (The Unfair Contract Terms Act 1997.)

Even if there is a contract, all the car park owner can claim from the driver in damages for any breach of contract is what they’ve lost as a result. If this is a free car park or they paid, this is £0.00. By asking you for more, which is unreasonable, it’s become an unfair contract penalty, which is not legally enforceable. (Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., House of Lords, 1914.)

Only councils, the police and Transport for London can impose legally enforceable fines or penalties. Private companies can't.

They need to know the identity of the driver of the vehicle involved at the time, because that’s who the alleged contract was with. If they don’t know who the driver was, they have to make do with chasing the registered keeper.

With windscreen notices, an appeal letter will tell them your name and address, and maybe that you were driving at the time. If they don’t know who the driver was, they have to buy the details of registered keeper from the DVLA.

With postal notices, they’ve done this already. But they still need to know the identity of the driver.

They sometimes say that they have the right to ask for this information. This doesn’t mean that you have to tell them.

A PPC has one big problem with taking someone to court, for the same reason that a blackmailer couldn't sue their victim if they didn’t pay.

Therefore, option 3 is my recommendation.

Coupon-mad

miles3659 wrote: »

Yes, I know they are out to overcharge.

But it is legal for a private company to operate a car park.
And if you aceept their offer to park you enter into a contract.
Otherwise everyone would use all private car parks for free and never pay.

My question was which of my 3 options is best.

1. Deny any liability on the grounds that I didn't park - I never left the car. But that would be confirming it was me.
2. Deny any liability on the grounds it wasn't me (except that it was and it stops me using the "I didn't actually park argument")
3. Just don't reply at all - and if I don't what is the chance that after form letter 7 they do go to court. Then wouldn't my lack of any reply be against me?

Option 3 as long as it's not a Train Station car park with a real penalty issued under Bylaws.

You are entitled not to reply to a scam!

ManxRed

miles3659 wrote: »

But it is legal for a private company to operate a car park.
And if you aceept their offer to park you enter into a contract.
Otherwise everyone would use all private car parks for free and never pay.

Yes, but under contract law the only redress for breaching the terms and conditions is actual losses only. Not £80 which they have made up.

Once you grasp that, you can see that what they are actually trying to do is make money from people's genuine mistakes. Not seek proper redress from miscreant parkers.

If it's £2 an hour to park and you park there without paying for two hours then they have lost £4 and that's all they are entitled to pursue you for. If the car park is free, then they have lost nothing, so why ask for £80?

give_them_FA

miles3659 wrote: »

Yes, I know they are out to overcharge.

But it is legal for a private company to operate a car park.
And if you aceept their offer to park you enter into a contract.
Otherwise everyone would use all private car parks for free and never pay.

My question was which of my 3 options is best.

1. Deny any liability on the grounds that I didn't park - I never left the car. But that would be confirming it was me.
2. Deny any liability on the grounds it wasn't me (except that it was and it stops me using the "I didn't actually park argument")
3. Just don't reply at all - and if I don't what is the chance that after form letter 7 they do go to court. Then wouldn't my lack of any reply be against me?

Hello! Are you listening? They can ONLY take someone to court for a breach of contract if they can IDENTIFY that person!

So, if you rightly use Option 3., and completely ignore their attempts to scam you, they cannot follow up with any proceedings as the FIRST thing they would have to do is prove the person they were suing was the driver.

You are STILL thinking this one through as if you were dealing with people who operate legitimately. If this was a Council, (which works under the authority of law) we would be giving you completely different advice.

These people DO NOT work under authority of law; they use bluff and bluster to try and convince you that they do. I saw through their scheme years ago. That is why I have never paid ANY of the eighty plus tickets I have had.

Just pay the fee if you use the car park in future, that is fair and they are entitled to that.

bondy_lad

miles, you are taking this miles (pun intended) to seriously,,,its a scam, so ignore, nothing can/will happen to you as a result of this, relax now, chill,feet up.

wagstaf

I feel a bit stupid now after reading all this.

I have parked in Morrisons car park whilst attending a meeting about 5 minutes walk away. This car park used to be a retail park until 6 months ago and all signs for parking charges were ignored.

I parked there about 4 times over a 2 week period which was 3 weeks ago.

Yesterday I had a "Parking Charge Notice" for £90....blah blah pay £60 by 1.6.2012.

I paid it this morning by Visa Debit card and think that the other 3 are on their way.

What do I do about the other 3 if they turn up? Ignore them? Does it mean that I'll have to pay the other 3 if I paid the first one?

or should I write them a letter saying that £60 is all they are getting.

Appreciate any thoughts please.

bondy_lad

i paid a scam,,so shall i pay again?????? answers on a post card please(if you can afford a stamp) to,,,scammers inc,,,scammer lane,,,scamville,,,,in other words NO.dont pay scammers,end of, full stop,finito.a PARKING charge notice =scam.only a PENALTY charge is legit, issued by police/traffic wardens,now cease all contact with them.you have already been conned once,, dont be conned again.

Stephen_Leak

wagstaf wrote: »

I feel a bit stupid now after reading all this.

I have parked in Morrisons car park whilst attending a meeting about 5 minutes walk away. This car park used to be a retail park until 6 months ago and all signs for parking charges were ignored.

I parked there about 4 times over a 2 week period which was 3 weeks ago.

Yesterday I had a "Parking Charge Notice" for £90....blah blah pay £60 by 1.6.2012.

I paid it this morning by Visa Debit card and think that the other 3 are on their way.

What do I do about the other 3 if they turn up? Ignore them? Does it mean that I'll have to pay the other 3 if I paid the first one?

or should I write them a letter saying that £60 is all they are getting.

Appreciate any thoughts please.

Some lessons cannot be taught, they can only be learned.

I hope the other 3 do turn up. At least, then it'll be only 1 out of 4.