carparking and select services ltd fine???

give_them_FA

Well, report them to Trading Standards for breaching the Trade Descriptions Act.

They are going to be sorry they ever put that ticket on by the sound of it!

geordiedancer71_2

just passed all info onto trading standards also.

Jacko1

Hi I am reading this thread but do not know how to start my own thread? How do I post an issue I want to start?
I have a similar experience, except it was a free car park in a leisure park. It was 8pm at night and I couldnt find a space anywhere chocka full. I needed to pick my young daughter up from a party so without thinking properly parked in a disabled bay for no more than 3 mins so as not to be late and found a ticket. It states 'parked after the expiry of paid for time in a pay and display bay.'
This wasn't what it should say as I was in a disabled bay. Shall I ignore this ticket?

Stephen_Leak

OK, whilst we don't condone parking in a disabled bay if you or a passenger aren't disabled, they have no legal authority in a private car park.

Firstly, the legal bit.

Any warning signs are usually so badly positioned and worded, that they won’t have created a legally binding deemed contract between the car park owner and the driver in the first place. Ignoring the private parking company (PPC) means that they don’t know who the driver was, and have to make do with chasing the registered keeper.

Even if there is a contract, all the car park owner (CPO) 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 legally unenforceable.

Only councils, the police and Transport for London can impose legally enforceable fines or penalties. Private companies can't. (Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., 1915.)

So, what do you do?

Don’t appeal. They always reject them. Why should they What’s in it for them to let anyone off? We suspect that some companies are now deliberately using the wrong "reason", in order to encourage you to appeal. This is because you might divulge the identity of the driver. This is a useful piece of information for them. Any contract would be with the driver, but the only name and address they have is the registered keeper of the car. They may say that they have the right to ask who the driver was. OK, they can ask. This doesn’t mean that you have to tell them. However, if you have appealed, it doesn’t make their actions lawful.

They will threaten you with all sorts of legal and financial unpleasantness, in order to try and intimidate you into paying. But, they can't actually do anything, for the same reason that a blackmailer couldn't sue their victim for non-payment.

Their threats include courts, CCJs and bailiffs. But, for things to get to this stage, they would have to take you to court (and have their actions subjected to legal scrutiny), win the case (which would only happen if you didn't attend) and then you’d have to refuse to pay. Bailiffs would be appointed by the court.

Ignore their empty threats. Eventually, they will run out of things to intimidate you with, and stop throwing good money after bad.

bikesteve

i have been threatened with court action by car parking and select services this was at portland place in doncaster we did not have a ticket on windscreen just got a demand for payment 5 months later they want £160 for 15 mins over they sent me a photo of my car with the notice on windscreen but it was not there when returned to car the demand for payment is in my name but i was at work so i am not liable have told them this but they still say i have to pay up have spoken to citizens advice and they say i should pay, saw a solicitor this evening he too says i should pay as they will get an enforcement order they have sent me a photo of my car with the notice on and a copy of the original ticket i am very confused as what to do. ihave contacted trading standard and told them about this company using the bpa logo when they are not members i was also told that trading standards have come across some companies putting tickets on vehicles before the time expires taking a photo then removing the ticket then like myself several months later they get a demand for payment thus not allowing the motorist to pay the reduced amount

ManxRed

bikesteve wrote: »

i have been threatened with court action by car parking and select services this was at portland place in doncaster we did not have a ticket on windscreen just got a demand for payment 5 months later they want £160 for 15 mins over they sent me a photo of my car with the notice on windscreen but it was not there when returned to car the demand for payment is in my name but i was at work so i am not liable have told them this but they still say i have to pay up

Do you have that in writing from them???

Clearly they are lying, and breaching the BPA Code of Conduct in the process.

I would strongly recommend you contact Trading Standards with that. Copy in the BPA, even though they are a lad's club for the parking scammers, and will brush it under the carpet, it doesn't paint them in a good light at a time when they don't need bad publicity.

Stephen_Leak

Of course they still say you have to pay up.

See my post above. The circumstances are different, but, for all intents and purposes, these are academic.

Someone could've removed the ticket. I can't see any advantage for the PPC in doing so. You might have paid them sooner.

vax2002

Just remind the wife that £60 will only be the start, they come back for money in late payment charges as your payment arrived .332 nanoseconds late you now owe another £100, then again until you do ignore them.
The scam runs by impersonating authority, at first a real parking ticket, then debt collectors, fake solicitors, its all the same scammers, the amounts go up and up, they make loads of fake court threats, then they give up and look for a mug who will fall for it.
However if you are still unable to persuade her, tell her to start setting aside around £180 from the budget if she is going to pay them to make them go away, that's usually the cost.

ManxRed

Stephen_Leak wrote: »

Someone could've removed the ticket. I can't see any advantage for the PPC in doing so. You might have paid them sooner.

They get the full amount and not the discounted payment. That's precisely why they do it.

Stephen_Leak

ManxRed wrote: »

They get the full amount and not the discounted payment. That's precisely why they do it.

There are times when I wonder if I need an "ethical bypass" to understand these people.