Private parking ticket

mummymonkey3

Hi, firstly I will start by saying I have used the site about 2yrs ago regarding 2 private parking fines I received and I followed the advice not to make contact. It worked -so a big thankyou!

This time is a little different.
I was meant to have a parking space at work which has a private carpark with a motorized gate and signs everywhere from Car clamping securities saying about fines for unauthorized parking.
I was unwell and planned to be quick at work. someone had parked in front of a space so i could not get in so i parked in a space that was not ours.(I was unwell, just wanted to get in to work, sort bits out and tell manager i needed to go).
When i left work after 30 mins the person who's space it was had parked across me and i had a ticket for £40.
I went to the main office who eventho i was in tears and saying i was ill said i should have gone to tell them i was parking there.
As it's on a carpark used by numerous agencies etc do the rules still apply that i should not pay? they did not put the patrol officer/agent no on the form either.
please help...or should i see the person who runs the complex of offices and see if he would tell them to cancel it?
thankyou in advance peeps x

ManxRed

Its certainly an inconvenience but at the end of the day, what damage was done (financially)?

None.

Your case is slightly different in that it falls under Trespass, rather than Contract Law. However the outcome is the same, and probably even better on your part.

For Trespass, the landowner (and ONLY the landowner, not a parking company they have employed) is entitled to nominal damages (usually £1). Only the landowner or a legal representative of the landowner can bring any claim against you.

Car Clamping Securities have no claim against you whatsoever.

Ignore them.

mummymonkey3

Thanks Manxred.
Because it is on a private car park, if they see my car, knowing that I have not paid it, could they then clamp it? I am thinking if they did they would be totally in the wrong and they can only try to get the money by way of court? Am I right?
Also do you think it's worth speaking to the land owner or is it once the fines are given they let the 'securities' get on with it?
thanks

Coupon-mad

mummymonkey3 wrote: »

Thanks Manxred.
Because it is on a private car park, if they see my car, knowing that I have not paid it, could they then clamp it? I am thinking if they did they would be totally in the wrong and they can only try to get the money by way of court? Am I right?

Also do you think it's worth speaking to the land owner or is it once the fines are given they let the 'securities' get on with it?
thanks

That's exactly right. And no harm in speaking to the landowner if you want to see if they can use their clout to get the fake ticket cancelled. But don't write an appeal and don't listen if they say you must take it up with the PPC.

Just ignore the PPC completely and carry on parking there - but beware of doing ANYTHING that they could use as an excuse to clamp your car. Do the notices on site warn of clamping as a risk at all?

mummymonkey3

hi, the notices are everywhere, large and do warn of clamping.

They don't call the 'fine' a parking charge notice or penalty charge notice, it's a fixed penalty charge.

They are employed by the landowner and spaces are allocated to different people who have offices there.

ManxRed

They've used the term 'fixed penalty charge'?

They won't want you to put that in front of a judge. Chances of court action = zero.

What does it say regarding clamping? It is unlawful to clamp for an alleged debt without a court warrant, although that sometimes doesn't stop them doing it.

HO87

@ OP - Did this take place somewhere in Birmingham (Digbeth, perhaps)? I thought Car Clamping Securities were dealt with a couple of years ago by Birmingham Trading Standards with regard to an alleged parking ticket scam and the owner sent away - IIRC. Then it reappeared earlier this year when one of its staff was done at Birmingham Crown Court for fraud.

Birmingham Trading Standards are actually well motivated to act against rogue parking operators. You might want to give them a call - 0121 235 6108.

vax2002

Ignore, the charge, buy a hacksaw and a tile saw blade, it is what ceramic tilers use to cut plug holes out of tiles, it will make short tidy work of a padlock hardening skin, make a groove, then put the fine tooth carbon steel hacksaw blade in you bought at the same time, cut the lock off.
You are well within the law to cut of any clamp illegally applied and to clamp for alleged debts is illegal.

dt3887

i that clamping by parking companies was now illegalised?

ManxRed

No, not until October unfortunately. Their activities appear to have increased in the run up to this. 'Filling their boots' is a phrase that springs to mind.

mummymonkey3

thanks all for the replies!

HO85- no not birmingham area but in the midlands.
The threat of clamping is something along the lines of if you are parking unauthorised and in wrong place etc they can clamp and charge £85 or could poss have been £95 for release. The person on front desk(like I said) wasn't very helpful or empathic as she said I should have gone to her and 'they could have clamped you'.
Well thanks mrs!
Anyways, I will await the definite letter from them and ignore as suggested!
many thanks:beer: