Luton airport parking enforcement notice

ManxRed

Hi imp566,

You paid your pound, you picked someone up. The airport has suffered no financial loss.

The standard advice is to ignore. Why? If you write back then there's a chance that the parking company may believe you are taking them too seriously and single you out for more attention than normal. Also, its unwise to risk giving them any information (albeit unwittingly) that they may choose to twist in order to harass you some more.

However, there is no right or wrong answer.

Regarding your credit rating - the only way that a company that you have not entered into a credit agreement with, can affect your credit rating is to take you to court (extremely unlikely), win (unbelievably unlikely), and then you still refuse to pay up (it won't get that far, but as you can see you are still in control at that point). Exactly the same goes for bailiffs and CCJs.

Trebor16

mikey72 wrote: »

Wonderful, have you can ignore posts you don't like, and just spout on the same regardless. Don't pay, can't touch you. Spread the word.

Mikey, if you can't post anything constructive then don't bother. All you are doing with your posts is confirming to those who may be sitting on the fence that you are a troll with nothing useful to contribute to the real issues in this forum.

mikey72

Trebor16 wrote: »

Mikey, if you can't post anything constructive then don't bother. All you are doing with your posts is confirming to those who may be sitting on the fence that you are a troll with nothing useful to contribute to the real issues in this forum.

Maybe if you man up, admit you keep posting that you do believe it's ok not to pay, and simply park anywhere, you won't have to keep resorting to calling me a troll when I simply post quotes proving you wrong no matter how much you protest.
As you can see, (or maybe you really can't) it's not the exclusive view with the rest of the world. Some of us actually do believe if a service is provided, it should be paid for. "The airports are greedy" isn't a great excuse to justify it to the rest of us. Stop in the right place, pay the £1, don't get the ticket, is the MSE way of avoiding the problem in the first place.

Half_way

mikey72 wrote: »

Maybe if you man up, admit you keep posting that you do believe it's ok not to pay, and simply park anywhere, you won't have to keep resorting to calling me a troll when I simply post quotes proving you wrong no matter how much you protest.
As you can see, (or maybe you really can't) it's not the exclusive view with the rest of the world. Some of us actually do believe if a service is provided, it should be paid for. "The airports are greedy" isn't a great excuse to justify it to the rest of us. Stop in the right place, pay the £1, don't get the ticket, is the MSE way of avoiding the problem in the first place.

!!!!!! mikey, i suggest you go back through this topic before you start mouthing off.

here are a few chioce posts
From the OP..

boboli wrote: »

Hi - I got a parking enforcement notice from APCOA Parking Ltd "for the alleged contravention of 02-Dropping off/ Picking up outside of a designated parking area."

I had no idea this would incur a fine (they say there were notices clearly displayed). I was less than 1 minute whilst my cousin crossed the road and got in.

I know the advice is to ignore this but I've never done anything like this, my husband wants to just pay up - can you persuade me/ us we shouldn't?

OK, so from the OP, its obvious that thewy werent aware of any terms and conditions, if the signs are like any other signs of that nature it will be impossible to read them safely whilst driving past, likewise The OP did the logical thing of letting his pasenger get in the car when they saw them.

The Next issue is one of the parking company thinking that they are the law, and as such can issue arbitary fines and penaltys

Stephen_Leak wrote: »

Firstly, the legal stuff.

Only councils, the police, train operators and Transport for London can impose legally enforceable fines or penalties. A private parking company (PPC) or an individual can't. Even PPCs call their tickets “Parking Charge Notices”, not “Penalty Charge Notices”. In law, they’re called “speculative invoices”.

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 a driver entering the car park in the first place. See The Unfair Contract Terms Act 1997 and Excel Parking Services vs. Cutts, Stockport, 2011. This case actually involved The Peel Centre.

All the car park owner (CPO) can claim from a 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. Demanding more has been judged to be unreasonable and therefore an unfair contract penalty under the terms of The Unfair Contract Terms Act 1997, which is not legally enforceable. See Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., House of Lords, 1914 and countless cases since.

There are also now two recent court cases, VCS Parking Control vs. Ronald Ibbotson, S!!!!horpe, 2012 and VCS Parking Control vs. HM Revenue & Customs, Upper Tax Tribunal, 2012. In both cases, the judges found that only the car park owner can take drivers to court. The Upper Tax Tribunal is a court of record, equivalent to the High Court, and therefore its judgement sets a legal precedent.

What should I do now?

We don’t condone not paying or overstaying in a pay car park. If you do owe the CPO anything, then you ought to write to them, offering this in “full and final settlement”.

In any event, you ought to advise the CPO that they are "jointly and severally liable" for the actions of their agents, the PPC, and that any further actions by them would be regarded as harassment under the terms of The Protection from Harassment Act 1997. That ought to make the CPO call off the PPC and, hopefully, realise the potential cost of doing business with them.

Don’t appeal to the PPC. They always reject them. What’s in it for them to let anyone off? Actually, there is something in it for them: 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 who was 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 told them who the driver was, it doesn’t make their actions any less unlawful. It just means that instead of harassing the registered keeper, they can now harass the driver.

What will they do to me?

The PPC, then a debt collector and then a solicitor will send you a series of letters. The debt collector and solicitor are usually also the PPC, but using different headed paper. These letters will threaten you with every kind of financial and legal unpleasantness imaginable, to intimidate you into paying.

But, they can't actually do anything, for the same reason that a Nigerian e-mail scammer couldn't sue anyone who didn’t pay them.

What should I do then?

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

As for inconsiderate parking, Mikey, your appear to be trying to bend things round to an agenda, either you have an interest in the private parking industry, or your just trying to cause agro

Stephen_Leak wrote: »

We don't condone inconsiderate parking. We also don't condone blackmail.

And finaly

QUOTE=mikey72;54321371]Maybe if you man up, admit you keep posting that you do believe it's ok not to pay, and simply park anywhere, you won't have to keep resorting to calling me a troll when I simply post quotes proving you wrong no matter how much you protest.
As you can see, (or maybe you really can't) it's not the exclusive view with the rest of the world. Some of us actually do believe if a service is provided, it should be paid for. "The airports are greedy" isn't a great excuse to justify it to the rest of us. Stop in the right place, pay the £1, don't get the ticket, is the MSE way of avoiding the problem in the first place.[/QUOTE]

So, mikey your sugestion is that the OP should pay up as they failed to read what is proabbaly a tiny sign, and through no fault of their own they stopped on a double yellow line to let a pasenger get in which on a public road is permisable for loading/unloading?
likewise in your little world its perfectly justifiable for private companies to charge fines/penaltys?

mikey72

Half_way wrote: »

!!!!!! mikey, i suggest you go back through this topic before you start mouthing off.

here are a few chioce posts
From the OP..


OK, so from the OP, its obvious that thewy werent aware of any terms and conditions, if the signs are like any other signs of that nature it will be impossible to read them safely whilst driving past, likewise The OP did the logical thing of letting his pasenger get in the car when they saw them.

The Next issue is one of the parking company thinking that they are the law, and as such can issue arbitary fines and penaltys




As for inconsiderate parking, Mikey, your appear to be trying to bend things round to an agenda, either you have an interest in the private parking industry, or your just trying to cause agro




So, mikey your sugestion is that the OP should pay up as they failed to read what is proabbaly a tiny sign, and through no fault of their own they stopped on a double yellow line to let a pasenger get in which on a public road is permisable for loading/unloading?
likewise in your little world its perfectly justifiable for private companies to charge fines/penaltys?

So, if maybe (as you speculate) they have a little sign, it's ok. What if it's clearly marked, somewhere, such as, say Luton Airport, that it's no parking. Or is that still ok providing you can't find the penalty? Or are you still happy to justify not paying in the first place?
I'm with Wallbash on this, which I know isn't a popular view with the "park anywhere" brigade here.

wallbash

Sign or no sign , blocking traffic and climbing a 3 ft fence to save a £1
I won't post on other area's , but Luton Airport has its own problems and Just £1 solves it.

Ps Don't bother calling us names , we have been here for years and will continue posting the truth.

ManxRed

You don't need us calling you names to demonstrate to the general readers on this forum what sort of a person you are.

Your signature, and the content of your posts is quite sufficient.

wallbash

ManxRed wrote: »

You don't need us calling you names to demonstrate to the general readers on this forum what sort of a person you are.

Your signature, and the content of your posts is quite sufficient.

Thank you , dont get many compliments , will treasure that , again thank you.

ManxRed

wallbash wrote: »

Thank you , dont get many compliments , will treasure that , again thank you.

Really? You surprise me.

mikey72

ManxRed wrote: »

You don't need us calling you names to demonstrate to the general readers on this forum what sort of a person you are.

Your signature, and the content of your posts is quite sufficient.

Interesting viewpoint. What is the "right" type of person to fit in on this board?