potential parking ticket

haras_nosirrah

Hi

I had a bit of a situation this morning - can't believe I did it

I did my shopping at Lidl, put my keys down in the boot, put shopping on top and shut boot. Realising I didn't have the keys in my bag I tried to open the boot and realised that my shopping had pressed the lock button and the keys were now locked in boot of the car.

I went into the store and explained my problem. The guy came out with me to phone the parking people (90mins parking then a £90 ticket gulp) and they are only open mon to fri. They took my details in store about what had happened but the parking is another firm.

I phoned the AA and about 2 hours after I got there the keys were released and I was on my way.

I am sure I will get a parking ticket from the camera (although if the see the AA van behind me they may leave it???) and will dispute it

I know that the masses on here will say they can't make me pay as it is a private firm but I have a company car and if I don't pay the company will and will charge me a £50 admin fee on top and take the ticket out my wages

Any advice - I don't have £90 to waste as I am pregnant and saving for going on maternity leave.

Stephen_Leak

A car park owner telling the private parking company what to do? Who do they think they are? It's usually nothing to do with them.

They'll probably do the AA van as well.

So, potentially ...

Firstly, the legal stuff.

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 (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. (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.

PPCs consider that their signs create a fair and legally binding deemed contract between the car park owner and the driver, that their demands are their losses and not fines or penalties, that these are reasonable, and that they’re legally enforceable.

What do you do?

Don’t appeal. They always reject them. Why should they? What’s in it for them to let anyone off?

What’s in it for them is information. They need to know the identity of the driver of the vehicle involved at the time, because that’s who their contract was with. If they don’t know who the driver was, they have to make do with chasing the registered keeper. They sometimes say that they’ve got the right to ask for this information. They can ask, but this doesn’t mean that you’ve got to tell them.

However, even if you’ve appealed and even if you’ve inadvertently confirmed who the driver was, it doesn’t make their actions any less unlawful.

What will happen now?

You are going to receive a series of letters from the PPC, then a debt collector and then a solicitor. The debt collector and solicitor are usually also the PPC, but using different headed paper. These will threaten you with all sorts of financial and legal unpleasantness, 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 if they didn’t pay.

What should you do?

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

You do need to keep the leasing company informed. Advise them as above, although they probably know what they're doing, because the £50 admin' charge is a nice little earner for them. Forbid them to pay any invoice.

... Potentially.

PS. My car can lock the keys in the boot. I've stuck an emergency key (without an immobiliser chip) underneath.

haras_nosirrah

If it was my own car I would ignore them as I know they can't do anything

It is more the company I am worried about. We are with Masterlease so I believe they are the registered keepers and will get my details from them. I am one of circa 5 - 6,000 people in my company with a company car (large firm of estate agents and financial advisors) Colleagues of mine have had parking tickets docked from their salaries for non payment so I know it happens

DaveF327

I'd have covered up my number plate while leaving - until reaching the public road, of course.

Unless you can negotiate with Masterlease to ignore their phoney invoices or pass them on to you, your only hope to avoid Masterlease's involvement at all is to correspond with the PPC so that they deal with you and only you. This may give them the incentive to "try it on" in a county court after you've told them to jog on, so you'd have to prepare a cast iron defence that any "contract" could not reasonably have been complied with without any means to remove the car - and you took all possible steps to arrange for the car's removal from the premises with reasonable dispatch.

give_them_FA

Potentially, you stand to save some money on toilet paper as you will be sent a supply of it by the parking company, usually Athena but could be others.

I'm afraid it will not be the soft, absorbent, luxury type, but hey it all goes the same way.

After a few sheets they will realise you are not a mug, and will go away.

Never to be heard from again.

Do not even think about paying them anything; and don't even think about wasting your time appealing. If you do that they will think you took their FAKE ticket seriously and put more pressure on you...

Lidl's are being economical with the truth. It is their car park. It is not in the hands of "another firm" who can do what they choose. It is in the hands of Lidl's agents who must do as Lidl tell them.

Hopefully, this will go no further; but if you do get any letters, simply ignore them.

This is one problem that really DOES go away if you ignore it.

Guaranteed.

vax2002

As this is NOT a parking ticket any deductions from your wages would be illegal.
If this does come through, I would take this matter straight up with the top of the company, not the nodding minnows in PR.
This is a scam, a fake pure and simple and no self respecting company should be paying a scam and then taking the money from staff wages.

bondy_lad

worry not,only a PENALTY charge notice is legal,,,what you have recieved is a PARKING charge notice=not legit/scam/con/fiddle/no crime or offence committed,,its merely a request for your hard earned cash,,,keep it,, do not fall for this scam,,nothing can/will be done to you as a result of this,,IGNORE all the threat o grams you will recieve in the future,,they will threaten/harass/scaremonger you into believing this is genuine,, no its not,so ignore, as all are part of the scam who send you nonsense in the post,, a PARKING charge notice(which you have),,equates to loo paper,so when you have done with it what you usually do,, simply PRESS FLUSH,,and forget it, there you go,,relax,feet up, chill,glass of wine maybee(though check with doc ok for odd glass) keep well,and keep your money,as you say you will need it when the little un comes along,,jobs a good un then,,,remember this is a SCAM , no legal backing,,worry not, hope you sail through your pregnancy.come back anytime for reassurance.

give_them_FA

Aha just read your post about it being a lease car. Changes it a bit, you now need to be pro-active. Contact the lease company and tell them that they MAY be getting an invoice from a private parking company. But it is NOT a lawful fine or penalty and they are not to pay it as it is therefore not covered by the terms and conditions. Make it clear that if they do pay, then you will accept no responsibility and it will be a breach of contract to charge you.

This needs to be put in writing, though a personal contact with a fuller explanation will also be helpful.

haras_nosirrah

I phoned Masterlease and they got the AA out so they will know the circumstances and have it on record.

Anyone here had a parking charge with a company car? Will they contact me or masterlease? I don't pay the insurance, road tax or anything so this may go straight to masterlease? I have had a parking ticket before but the council one stuck on my window which I have paid - never a camera one so I have no idea who they will write to

Stephen_Leak

As in my post, they will have to make do with chasing the registered keeper, unless you admit to being the driver.

You need to make sure that you are covered if/when the leasing company has a financially convenient attack of amnesia.

haras_nosirrah

but masterlease will know I was the driver as they called the AA to help me in that car park so surely they will pass this info on?