unfair and proberbly illegal ticket

madmechanic

Hi like quite a few others I got a ticket off uk cps on a retail park but mine was on a motorbike after being told i could park where i did . they gave me the ticket for not parking in a viechle bay but i pointed out there are no motorcycle parking bays .
when i arrived home i e-mailed them to point out that i was told i could park there , there were no motorcycle bays and i was not causing any obstruction,
you may be supriesed but they rejected my appeal .
I did not give my address only my name , they have my e-mail address what do i do now any help.
:mad::mad::mad:

Sambucus_Nigra

Have you read the threads about this that are stuck to the top of this board?

peter_the_piper

Just ignore them, at least they still have to pay the dvla for the address to send the ""threatening letters"" to. As these letters are not in the least threatening its easy to ignore them.

Stephen_Leak

madmechanic wrote: »

Hi like quite a few others I got a ticket off uk cps on a retail park but mine was on a motorbike after being told i could park where i did . they gave me the ticket for not parking in a viechle bay but i pointed out there are no motorcycle parking bays .
when i arrived home i e-mailed them to point out that i was told i could park there , there were no motorcycle bays and i was not causing any obstruction,
you may be supriesed but they rejected my appeal .
I did not give my address only my name , they have my e-mail address what do i do now any help.
:mad::mad::mad:

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.

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.

notts_phil

You dont do anything!, u just ignore the silly letters from peter hasbeen

fil_cad

Yes dont even think about filling Hasbeens bank account up, he prays on soft touches! dont be one of them :money:!

bargepole

madmechanic wrote: »

.. you may be suprised but they rejected my appeal ...

Hold the front page! Private Parking Company rejects appeal shocker.

27col

Refused your appeal did they. Well that is a complete surprise. Quite out of character for a PPC!!!
Pardon the irony.

Coupon-mad

madmechanic wrote: »

Hi like quite a few others I got a ticket off uk cps on a retail park but mine was on a motorbike after being told i could park where i did . they gave me the ticket for not parking in a viechle bay but i pointed out there are no motorcycle parking bays .
when i arrived home i e-mailed them to point out that i was told i could park there , there were no motorcycle bays and i was not causing any obstruction,
you may be surprised but they rejected my appeal .
I did not give my address only my name , they have my e-mail address what do i do now any help.

Surely not?????!!!!!!!! :rotfl::rotfl:

Relax, it's just a fake PCN, ignore it as everyone has correctly told you.

The registered keeper will get some letters, that's all, so make sure your household knows there is NOTHING in it in spite of the debt collector and 'solicitor' letter headings and threats of court. It's all hot air and an impersonation of authority, much like a phishing email scam it relies on victims who are too uninformed or stupid to realise what it is.

Tick off the threatening letters Here.

Watchdog clip with expert Solicitor's opinion here.

Barrister's opinion here.

Show your family and friends. Spread the word like we do. Only take seriously a real ticket from the Police, TFL, Council or (rarely) a real penalty from a Train Operator.

Anything else is destined for 'shredding for hamster-bedding'.

HTH

muggnomore

i Agree with all the posts about cps parking the problem is i was issued with a ticket for walking off site at the dock side shopping centre in chatham kent, i have a company car and my company have said i have to pay the scum and appeal we all know the appeal will be rejected leaving me £60 lighter due to these cowboys two other cars had the same ticket i think they are now looking for company car and hire cars to ticket as a soft target.

Stephen_Leak

muggnomore wrote: »

i Agree with all the posts about cps parking the problem is i was issued with a ticket for walking off site at the dock side shopping centre in chatham kent, i have a company car and my company have said i have to pay the scum and appeal we all know the appeal will be rejected leaving me £60 lighter due to these cowboys two other cars had the same ticket i think they are now looking for company car and hire cars to ticket as a soft target.

At least your employer didn't pay them and then deduct the money plus an administration charge from your pay.

Someone needs to educate them.

Car hire/leasing contract T&Cs usually have a clause about the driver being responsible for fines or penalties. Now, that's fair enough, for legally enforceable fines or penalties from councils, police, train operators and Transport for London.

But this is a “speculative invoice” from a private company.

See also ...

http://www.fleetnews.co.uk/news/2009...s-urged/30698/

... and the guidelines on private parking tickets from the British Vehicle Rental & Leasing Association (BVRLA) ...

http://lmgtfy.com/?q=bvrla+private+parking .