Private car park Ticket - advice welcome

WM_Lou27

Hiya,

I have a pass for a private car park that I pay the owner £50 per month for. The pass I have for my dashboard states that if I don't show it I will be fined.

There are signs up to stat there is a fine of £80 if you park there.

I forgot to leave my pass on the dashboard 1 day this week and have received a ticket for £80. I have advised the car park owner and they have said they'll try and help but would you ignore this?

It has been issued from vehicle control services LTD

McKneff

Just absolutely ignore everything they send you. They dont have the authority to 'fine' you. It is an unenforceable invoice.

There is loads of advice about this on these boards.

ManxRed

Is the word 'fine' really used anywhere?

Regardless, the only thing a private parking company can pursue the driver of a car for is the actual financial loss suffered as a result of your parking. In this case the loss is £0, as you have already purchased a permit.

From a legal perspective, they'd be stupid not to now cancel the parking ticket. But I bet they don't.

In which case, just ignore all their letters and threats, and maybe perhaps issue a threat of your own should you wish to take action against them for harassment.

steve1500

AS per all the previous advice ignore the junk mail.

The only time you ever take them seriously is if by the very remotest chance you receive official court papers. More chance of winning the lottery that that happening & we ain't talking a tenner

WM_Lou27

The word fine is used on my parking pass, but that what is given to me by the car park owner. There are signs up about fines, clamping etc.

I know it's fault for forgetting to leave the pass in the car but £80 is excessive as my car has been there every day with the pass in the window so they will have seen it there before.

Thanks for the advice was terrified of being fined and going to court!

ManxRed

A private company or individual does not possess the statutory authority to fine anyone and they are not on very good legal ground to begin with by giving anyone the impression that they can.

Take pictures of the signs and keep them handy.

As I said, you've done nothing wrong. The permit is there to ensure that people who haven't paid for a permit shouldn't park there. This MIGHT cause them some actual costs, and they might have a legitimate claim (albeit £80 would need some justifying in my opinion!). However 'failing to display' a permit has cost them nothing whatsoever, so legally that's all they are entitled to. Nothing.

WM_Lou27

Great I will ignore it then.

Is it every likely you would be taken to court over these charges?

Thank you for the advice

ManxRed

Highly unlikely. They haven't got a case and they know it.

They will be very reluctant for anyone to stick some evidence under a judge's nose that they are threatening to 'fine' people.

WM_Lou27

I read the bit on here about:

Unfair Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there.

So if I've already paid £50 to park there it could fall under this as an £80 is excessive as it's cost them nothing in losses for me parking there that day.

Does that sound right? Just for amunition incase I need it

HappyMJ

WM_Lou27 wrote: »

I read the bit on here about:

Unfair Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there.

So if I've already paid £50 to park there it could fall under this as an £80 is excessive as it's cost them nothing in losses for me parking there that day.

Does that sound right? Just for amunition incase I need it

You won't need anything. Just ignore it. The parking company has contracted with the owner of the car park to be allowed to place parking charge notices on cars left in the car park not displaying passes to discourage people parking there in return for a 30/70(estimated) split in any money received. If you do not pay the charge then nothing happens.

ManxRed

It depends. Its a grey area this one. However the outcome is the same.

One argument would state that this falls under trespass - this equates to 'no parking!!', which for non-permit holders is the case. Under trespass the landowner is entitled to actual damages if there are any (and again, in your case there aren't), OR nominal damages (usually £1). So under trespass you do not legally owe them anything as you were not trespassing (you have bought a permit, regardless of whether it was on display or not).

The other argument states that it was breach of contract. This is where terms and conditions of parking are stated on a sign, and any breach (e.g. You MUST display a permit at all times) is met with a charge. However, under contract law, you can only claim for damages which must represent your actual losses suffered (or a genuine pre-estimate). Again, in this instance they have suffered no loss whatsoever, so legally you owe them nothing.

If they were stupid enough to bring a claim, they would have to state whether they were bringing the claim under trespass or breach of contract (one or the other, not both!), and in either circumstances you would have the case kicked out in under five minutes with a half decent defence.

They know this, but are hoping you don't, so it is likely they will send the usual scary letters (there are lots of examples of these letters in a sticky thread near the top of this forum), but eventually, if you simply ignore them, they will have no choice but to go away.

As I say, they won't want you putting evidence in front of a county court that they threaten to 'fine' people, and they haven't got a case anyway.