Private car park Ticket - advice welcome

AlexisV

I have advised the car park owner and they have said they'll try and help but would you ignore this?

The landowner just needs to tell his contractor that you were allowed to park and to cancel the ticket. You don't need to do anything.

The landowner is king. Any court claim would be null and void if the landowner granted you permission to be on his land.

Do you pay £50 a month to VCS or the landowner?

WM_Lou27

Thanks for all the advice, I will definatly ignore the fine.

£80 is a lot to an ordinary person especially when you have to pay £50 a month to park there anyway!

Thanks again

ManxRed

It isn't a fine by the way. They can't fine people!!!

Its an invoice to pay a speculative charge, which legally doesn't apply to you, regardless of what they might call it!!

give_them_FA

This is how their little money making game works, WM. They rely on the fact that Joe Public doesn't understand the legal issues involved and is taken in by a combination of pseudo-legal babble, and downright threats. It often works for them unfortunately, as they have it tuned to a fine art. Luckily you found us, and now that it has been explained you hopefully see it as utterly preposterous that you should have to pay the chancers £80 when you had the landlord's permission to be there for which you had duly paid.

The purpose of the enforcement is ostensibly to keep out people who DO NOT have permission to be there. I say ostensibly because the real purpose for VCS to line their pockets by charging people who had every right to be there.

WM_Lou27

I checked the sign this morning at the car park and it doesn't mention fine at all. Thats just the wording on the pass I pay for from the landowner.

It does say that any tickets that are not settled they can enforce another of the ways of making money from you (clamping or towing away and impounding) do they have any right to do that if you don't pay the ticket?

ManxRed

That's illegal. It amounts to siezing goods in lieu of a debt, however;

1. There is no debt. It remains an 'alleged' debt until such time as a judge in a county court decides if its real or not.
2. They need to be a court appointed bailiff with a warrant.

It says 'fine' on your permit. That's still something they won't want to put in front of a judge.

If this company are threatening illegal action (clamping in lieu of an alleged debt) then someone needs to have a strong word with the management company that hired them, and warned about the consequences of allowing these crooks to continue patrolling the car park.

Half_way

If you're going to inform the management company, don't forget to mention that they would be liable for any action the clamping company takes, and the management company will have.to pay to refund those clamped

vax2002

ManxRed wrote: »

. 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

The Only "costs" you can claim are those of pursuing a loss.
A "LOSS" explained
If when you park your car with no permit, the parking company has to open a cash box and pay someone £80 for each car that does so, this is a LOSS.
If the car park is £80 a day to park and you park and dont pay and someone else can not park and pay £80, you have caused a £80 loss
That is a loss.
A Genuine LOSS of something real, something you would not have lost if the actions of the driver had been different.
You can not "invent " a loss, in these instances no loss whatsoever occurs and the PPC decide to" invent one" the truth is they have "lost" nothing, they may have created a charge, they may have costs involved in creating that charge, but if correctly defended and the loss is demanded for explanation in court it would be found to be a constructed loss, a penalty.
Hope this explains what a LOSS is, it is NOT what you "spend" chasing something you never lost in the first place.

If that was the case, the streets would be full of people with pavement line fines, creating losses chasing you for stepping on the cracks.

ManxRed

Yes, mention the laws of Agency and make sure they know that they are jointly liable for the actions of these parking clowns. If anyone gets sued it will be them.

WM_Lou27

Thanks

Its awful to think these people can try and get money out of people like this. Fair enough if someone persists on parking somewere they shouldn't but they must have seen my car there every week day with the pass in the window.