Ignoring a private NCP parking ticket

DinkyWhiskas

Massive apologies if this has been covered...and I beg gentleness as I am a firsttime poster :-)

Son bought private NCP ticket, but on closing door, ticket flipped over...still on dashboard but wrong way up. He has the valid ticket in his possession.
Returning to car, found a parking infrigement letter (exactly as described on this site) stuck to windscreen asking for £50
He has read up a great deal about all this business and has decided to ignore any letters etc - his only crime being that the ticket was the wrong way up.
Technically he HAS committed a crime of course...but it was bad luck the ticket flipped over (why are they not able to be stuck to the windscreens anymore?) but - he did pay the correct amount.
Does he have a leg to stand on?

Should he contact them in any way and send copy of the valid ticket?

He lives at home with me - if phonecalls start and I take them, how do I handle it..do I give out any information, such as..my son is not at home at the moment?

Finally - have bailiffs ever turned up at a home because of a private NCP 'fine' ? :eek:

I am happy for him to stick it out - we are not lawbreakers but £50 sounds ridiculous just because the ticket had flipped over. However.. some clarification would be welcome.

Grateful thanks for any information received.

Dinky XX

Tilt

First of all he hasn't committed a crime. He has simply failed to adhere to their terms and conditions of parking.

NCP are a private company and cannot issue fines or penalties unless they are acting on behalf of an LA. All that that they can issue is an invoice which must be aimed at the person making the contract (i.e. the person who parked the car). Unless they have some technology to identify him, they are up the creek without a paddle as the RK has no legal obligation to provide that info.

Unless the ticket mentions anything about it being a council car park, do not contact them and ignore any correspondence.

Stephen_Leak

There’s no point in appealing. They always reject them. Why should they let anyone off? What’s in it for them?

All a car park owner can claim from you in damages for your breach of contract is what they’ve lost as a result. If this is a free car park or you paid, this is £0.00. By asking 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.)

Despite this, the PPCs threaten people with all sorts of legal and financial unpleasantness, and advise them of all the possible consequences, to try and get them to pay up. But they can't actually do anything, for the same reason that a blackmailer couldn't sue their victim for non-payment.

These threats will include CCJs and bailiffs. But for it to get to this stage, they would have to take you to court, they would have to win, and then you’d have to refuse to pay up. Bailiffs are appointed by courts.

So, ignore them. If you don't contact them, they won't know your phone number, who was actually driving, etc.

Eventually, they will run out things to threaten you with, and stop throwing good money after bad.

ManxRed

DinkyWhiskas wrote: »

Technically he HAS committed a crime of course...

Well, actually he hasn't, as there is no legislation (law) covering private car parking.

Private parking comes under civil contract law, under which the only redress for breaching a contract is actual financial losses incurred as a result. In this case this is zero, so by chasing £50 they are being naughty, and in actual fact this would be deemed, under contract law, as a penalty, which is unenforceable.

So he legally owes them nothing.

They know this, so court action (and hence bailiffs, who can only become involved after they take you to court (no chance) and they win (even less chance), and then you STILL refuse to pay up) is unlikely and they will follow the time honoured path of simply sending threatening letters, mis-stating your son's legal position, threatening court action which they have no intention of following up on, CCJs, Bailiffs, Bad Credit Ratings, all of it complete b*llsh*t.

Ignore the letters, do not contact them, and eventually they will giev up and go away.

HO87

Sorry to disillusion you but your son has committed no crime whatsoever and no private company has the authority to levy a fine on anyone. What he has is simply an invoice - legally speaking an invitation to settle a breach of contract that NCP allege he was responsible for. He paid for the parking which is what he was obliged to do and has evidence of that fact. (Make sure he does hang on to the ticket).

The company are trying it on in the hope that the scary print and the follow-up letters will persuade you son to pay up. Ignore their letters and those from a debt collectors. Then it'll be over.

Have a good read through the threads here - there are thousands of them - and pay particular attention to the BBC Watchdog clips.

Oh, and then pour yourself a glass of wine/mug of tea/tumbler of scotch/shot glass of Jagermeister or a simple Horlicks - whatever is your poison of choice. Then chill.

DinkyWhiskas

My genuine thanks and a kiss to you all - I know you have repeated this in other places, but your confirmation will make me sleep easily tonight.
Bless you all XXXXXXXX

give_them_FA

And I can confirm that your son has not one, but TWO legs to stand on.

Unlike NCP if they think they have any right to try and fine him!

Actually, they don't think that themselves, they are just trying to con HIM into believing it.

Why don't they do sticky tickets? Cos sticky tickets won't blow off and give them an excuse to put a charge on your car...

DinkyWhiskas

..in fairness to NCP (and I say that clutching a sick bowl) as the valid ticket was lying face down, I can understand the issuing man assuming son had not bothered to buy a ticket...
..I have been reading through masses of writing on this subject all evening now (fascinating stuff!!) and I have double checked his PCN to assure myself it is not council based, which it is not...
... but if my son was the unlucky chap who actually was taken to court, at what time should he show somebody he actually does have a ticket?

ManxRed

Well, there is another option but we tend not to go for it.

You could write in with a copy of the ticket. You need to word the letter VERY carefully so as not to provide any information such as who was driving at the time.

However in your letter you should state clearly that you consider the matter closed and that any further correspondence, other than a confirmation that the ticket has been cancelled, will be treated as harassment and you may be prepared to take appropriate action.

They ought to leave you alone at this point.

If they don't then you COULD sue them for harassment (and there would be plenty of helpers on here to show you how to do that).

give_them_FA

If NCP took your son to court, he would be the first person that they ever did. They do not take people to court because they know that their demands are not based upon any sound principle of law and they would pretty certainly lose, which might get reported and therefore prejudice their ability to frighten others...

this is why they only threaten, and, if you are not fooled, give up.

Think about it: if they had a case, they would take ALL non-payers to court! Not just talk about it....

You could certainly follow Manx's advice in the post above; but please don't imagine that this company actually does anything.

DinkyWhiskas

More thanks to you both! I only asked because my husband is having a few ifs and buts about son not responding...but I have told him to read everything on here or face being bashed with my rolling pin! Either way will shut him up ;-)

We will ride out the coming storm in silence and await the calm!! XXXXXXXXXX