Should I be concerned?

cew_2

I've read the guide to dealing with penalties from private car parking companies, but not sure what I should do in my situation. I work in hospitals as a locum and got a ticket in a privately owned part of the hospital on the first day - couldn't find anywhere else to park, had to see patients at 8.30 etc. Left a note on the windscreen, saying I was getting a staff permit that day. So have got a £90 penalty, sent to my home address. I replied to this, wish I hadn't after reading the guide but anyway. Their response was that they would like their £90. I ignored this and now have a lovely red letter advising that if I don't pay now, they will instruct a debt recovery agent to pursue the debt. And if necessary commence county court proceedings against me. I know this is probably standard fare for these companies, but am concerned that 2 burly men will turn up at my door demanding payment. How likely is this? One suggestion is that if you're worried, pay the invoice. But I don't think it's fair, and I don't want to pay this disproportionate amount! Would be grateful for advice.

Stephen_Leak

Everyone likes to think that their case is somehow different but, for all intents and purposes, the circumstances are academic.

Nothing like a really warm welcome to the place, though.

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 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 not legally enforceable. (Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., House of Lords, 1914.)

Under various legislation, only councils, the police, train operators and Transport for London can impose legally enforceable fines or penalties. Private parking companies can't.

What do I do now?

Don’t appeal. They always reject them. 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 the alleged contract was with. If they don’t know who the driver was, they have to make do with chasing the registered keeper.

With windscreen notices, an appeal letter will tell them your name and address, and maybe that you were driving at the time. If they don’t know who the driver was, they have to buy the details of registered keeper from the DVLA.

With postal notices, they’ve done this already. But they still need to know the identity of the driver.

They sometimes say that they have the right to ask for this information. This doesn’t mean that you have to tell them.

However, even if you’ve written and confirmed who the driver was, it doesn’t make their actions any less unlawful. It just means that instead of unlawfully harassing the registered keeper, they can now unlawfully harass the driver.

What will they do to me?

They will send you a series of letters, 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 intimidate you into paying.

The more unpleasant threats usually include mentioning that bailiffs might be appointed, and that bad things might happen to your credit rating. For things to actually get to this stage, they would have to take you to court, win the case and then you’d have to refuse to pay. After 28 days a CCJ would be issued and the bailiffs would be appointed, both by the court.

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 I do then?

Continue to ignore everything you get from the PPC and their aliases. Yes, it does seem counter-intuitive to deal with something by ignoring it. Eventually, they will run out of empty threats to intimidate you with, and stop throwing good money after bad.

Barneysmom

I had one from the Royal Surrey County hospital which I'm in the process of ignoring, I refuse to pay it.

muckybutt

Hi Cew,

glad you have found us :T

There is no cause for you to be concerned at all, as you have said so yourself all you have had is the usual boll**ks from these paracites.

Expect several threatening letters from them and their debt collector scum bags all of which have no legal standing and can be ignored. Debt collectors have NO POWERS AT ALL think of them as the playground bully.

The only time to get anything like concerned is IF you actually get official stamped county court papers, then and only then do you need to seek further advice from us on here.

Please though dont worry and dont pay them..... even to shut them up.

Crabman

Hi cew & welcome to MSE :hello:

There was a court case late last year which you may find reassuring regarding private parking charges on a hospital site. It may not be directly applicable to your situation but what's important is that the amount being demanded was viewed as a penalty by the court:

https://forums.moneysavingexpert.com/discussion/3672741

If you have any questions feel free to ask.

Coupon-mad

cew wrote: »

I've read the guide to dealing with penalties from private car parking companies, but not sure what I should do in my situation. I work in hospitals as a locum and got a ticket in a privately owned part of the hospital on the first day - couldn't find anywhere else to park, had to see patients at 8.30 etc. Left a note on the windscreen, saying I was getting a staff permit that day. So have got a £90 penalty, sent to my home address. I replied to this, wish I hadn't after reading the guide but anyway. Their response was that they would like their £90. I ignored this and now have a lovely red letter advising that if I don't pay now, they will instruct a debt recovery agent to pursue the debt. And if necessary commence county court proceedings against me. I know this is probably standard fare for these companies, but am concerned that 2 burly men will turn up at my door demanding payment. How likely is this? One suggestion is that if you're worried, pay the invoice. But I don't think it's fair, and I don't want to pay this disproportionate amount! Would be grateful for advice.

You've read the guide but not read the sticky threads on the forum maybe?

You should watch the Watchdog clip and look at the preview pics of the letters, as shown in 'PPC letters & threats' (second to top of this board). Then just play a nice game of snap with each matching letter.

On here almost all of us have ignored a fake PCN or twenty. Nothing happens, no Court, no bailiff, no CCJ, no sending the boys round, no effect on credit rating, and the world doesn't end either! NOTHING except letters!

sgtbush

its a parking invioce, not a proper ticket, they need to know the identity of the driver, not the registered keeper to fine as the contract and i say that losely!! would be formed on entry to car park via the signs-- whic are small, un readable and confusing when driving at 15mph past them

you DO NOT have to tell them who was driving
ignor all letters

give_them_FA

Unfortunately, I think the OP says he did reply. No matter. Do not make any further replies, no matter what garish rubbish ends up on your doorstep. It is all a set routine which will fizzle out if ignored.

That the scum of the earth should be doing this to one of the truly useful members of our society is deplorable, but hang in there, nothing will happen in the end.

esmerobbo

1 Parking charge invoice placed on car.

2 Letter claiming to be a notice to owner. (but it should be to the driver)

3 Final reminder up the price and threaten a debt collectors. ( who can do jack shoite)

4 Letter from debt collector threatening all sorts.

5 Final reminder from debt collector threatening even more.

6 Final Final reminder before legal action is taken.

7 They pi55 off and go bother someone else.

hkareno

I have a similar case. I have received a parking charge for overstaying in private car park by 40 minutes.
- This car park is free up to 3 hours
- I think they have notice board about their terms & conditions
- The letter I received have photos of my car with diver. Car reg is clear in the photo but no too clear for driver (may due to black & white photo).

Again is that I shouldn't worry about their letter no matter what they say, of course apart from court letter, which is unlikely to happen, even I am the diver.

Another problem is, I have moved recently and in the process of changing my address for my car/driving license. ie I am not able to receive their letter any more. Should I concern anything in such a suitation?

Many thanka

give_them_FA

Simple answer, no, don't bother to reply, just forget it. They will too.