Parking eye again

Jasper1970

I am posting this on behalf of someone else ( name umentioned due to possible repurcussions ).

The person received a " PCN " Parking Charge Notice.
On a certain day the person made use of the car park monitored by parking eye.
The person overstayed in the car park by around 30 minutes and duely received a letter from parking eye demanding the usual £90 charge.
Now after explaining all of my recent adventure with parking eye this person is still extremely worried that if they don't pay then there is trouble ahead.
Is it possible that someone on here can reply to this thread in relation to where this person stands from a legal point of view ?
I know what everyone is going to say but this person wants a firm assurance from the very knowledgable people here on exactly where they stand.
Thanks

Stephen_Leak

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

All the car park owner (CPO) can claim from a driver in damages for any alleged breach of any alleged contract is what they’ve lost as a result. If it’s in a free car park or the driver 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 recent landmark court cases, VCS Parking Control vs. Ronald Ibbotson, S!!!!horpe, 2012, HM Revenue & Customs vs. VCS Parking Control, Lower Tax Tribunal, 2012 and VCS Parking Control vs. HM Revenue & Customs (Appeal), Upper Tax Tribunal, 2012. In these cases, the judges ruled that only the CPO can charge for parking and take alleged offenders to court. The Upper Tax Tribunal is equivalent to the High Court, and therefore its judgements set legal precedents.

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

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

Don’t appeal to the PPC. They always reject them. What’s in it for them to let anyone off?

If the letter to the CPO doesn't have the desired effect, 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 try and intimidate you into paying.

Continue to ignore everything you get from the PPC and their aliases. Eventually, they will run out of empty threats and stop throwing good money after bad.

Jasper1970

Thank you very much, I will give this information to the person involved.
Once again thanks a lot.

Coupon-mad

To your friend:

Relax, it's just a fake PCN, ignore it (as long as it's not a company, hire or leased car).

There is no court, no CCJ, no effect on your credit rating, NOTHING except letters (and sometimes the odd phone call that can be stopped easily).

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 over the coming months. 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.

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

Jasper1970

After my recent experience I am spreading the word as much as I can.
Thanks again

AltheHibby

Jasper,

Mrs theHibby and I can vouch from personal experience of this mob that your friend has nothing to worry about whatsoever.

Dontknowanymore

I am so glad my google search bought this topoc up! Was just about to lay out £40 on a fine from morrisons/parking eye! Love mse!

bondy_lad

jasper,,,to your friend,,,here we go,,,its dead simple,,parking eye give out FAKE tickets,thats how they try to fool the motorist,into believing they are real,,these are called,,PARKING charge notice=fake,,unenforceable,no legal backing,,,still with me jaspers friend,,now the real ticket is called,,a PENALTY charge notice=must be paid/only given by police/traffic wardens/local councils/transport for london,so parking eye/spy/lie can be safely ignored,full stop,the end.nothing can/will happen as a result of a FAKE ticket,there are 100s of us on here who wish p.e. would take us to court,why??? because they know and we know, now you do,,they would get spanked.

Jasper1970

Cheers bondy , I have already relayed all the information and due to this person not having internet access they will be visiting me and reading all of this
This is solely for them to read through and be re-assured that they owe these people absolutely nothing at all.

husheechee

You have nothing to worry about with these monkeys,i'm now on my "final"notice that has all the usual threats...CCJs,BALIFFS,CREDIT RATING ETC ETC I'm considering a little bit more ignoring and that should see them off which equals a payment of...zilch ! same as last time and the same as the next time.

Coupon-mad

Dontknowanymore wrote: »

I am so glad my google search bought this topic up! Was just about to lay out £40 on a fine from morrisons/parking eye! Love mse!

You are the second very regular MSEer posting today who only saw a random thread here with a Google search?! Odd to turn to Google, when the info is here on MSE in multiple threads?

I can't understand why MSE regulars would not come to the Parking forum then simply use the 'search this forum' option & just type in the company name and select the option 'find posts'? I'm just genuinely surprised at the 2 posts which mentioned deciding to do a Google search over a parking issue, rather than a much more specific and reliable MSE parking sub-board search...

IMHO Google is far too massive a pool to fish in for info about a specific parking company. Lucky you found this thread after all, but it's actually one of thousands on this sub board, all about this scam:

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

Please do read the second-to-top thread so you can be ready to play snap with each letter.