britannia parking pcn

mrsx_3

I was issued with a pcn today at a hospital. I had paid for 3 hours and returned to the car with 10 minutes left on the ticket I had to leave my father in the car whilst I went to collect his prescription from the pharmacy. The attendant came 5 minutes after the ticket expired, my father told him where I was, and that I wouldn't be long. He couldn't put an other ticket on as he had no money on him. The attendant waited 13 minutes and then put the ticket on. I arrived back a couple of minutes after he had left. I don't know whether to send a letter explaining the circumstances or just to ignore it. Naturally I worry about matters like this and I am hesitant as to what to do.

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. However, they can issue 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.

mrsx_3

Thanks very much for this, I'm not sure what 'PPC' stands for? Is Britannia Parking the car park owners, if not how do I find out who is.

Stephen_Leak

Private Parking Company. I forgot to define this when I edited my text. Sorry. Master copy corrected.

HO87

mrsx wrote: »

Thanks very much for this, I'm not sure what 'PPC' stands for? Is Britannia Parking the car park owners, if not how do I find out who is.

Britannia are extremely unlikely to own the car park in which they operate and are similarly unlikely to rent it. Generally, such private parking companies simply act as service providers for the owner or leaseholder.

As you parked at a hospital (presumably a NHS one) then in all likelihood the car park is owned by the NHS Trust although as a result of the various PFI deals that were struck to rebuild and extend hospitals over the last 15 years it maybe that a facilities management company such as Carillion or Consort have a long term lease. However, as to who owns the car park, at this stage, its' largely irrelevant.

Like many private parking companies Britannia threaten all manner of dark and horrible things in order to persuade you to pay their invoice. In law, what they have sent you may be defined as an "invitation to settle" and the emphasis is on the word "invitation" and like all invitations you may decline it as it was, after all, unsolicited.

The important thing to keep in mind is that Britannia will probably threaten court. Let them threaten away because we now know, courtesy of the Freedom of Information Act, that their threats are empty. Despite all of the threats they issued in 2011 never once did they even issue court papers, let alone see a case through.

mrsx_3

the car park used to be owned by the NHS but on asking the receptionist she told me that it was a private car park now.

taffy056

mrsx wrote: »

the car park used to be owned by the NHS but on asking the receptionist she told me that it was a private car park now.

It may be private, but it will not be owned by the parking company I can guarantee you that. It's also likely that the receptionist is mistaken as I can't see an nhs trust being allowed to sell parts of its estate. Please follow the advice and ignore the parking company.

bondy_lad

dont worry, it is only a FAKE ticket you have,unenforceable in a court of law,so relax,jobs a good un.only a PENALTY charge notice is legit, you dont have this,you have a PARKING charge notice=loo paper.

Coupon-mad

mrsx wrote: »

the car park used to be owned by the NHS but on asking the receptionist she told me that it was a private car park now.

Yep, of course the Receptionist would know, LOL!

It does NOT belong to Britannia for Gawd's sake! They do NOT own car parks, they are a little tin-pot PPC who just frequent other people's land, leeching off other people's customers who they hope will be too stupid and naive to realise that this is not a parking ticket.

Look, a couple of weeks ago I GOT A FAKE PCN FROM BRITANNIA. I JUST LAUGHED, AT LAST I HAD GOT A SECOND FAKE PCN AFTER 4 YEARS!

No letters yet, Britannia...I'm waiting....!

Herbos

Me as well, had a PCN this morning off Britannia parking from a month ago. States there was a PCN attached to the vehicle at the time - no ticket at all on the car. First I knew about it today, they seem to have got details from DVLA - anyone know how easy that is to do for them? Or is another way of scaring us into paying (now £60 as we didn't pay the £30 for the original ticket they claim was put on the car!)
From what people say I am presuming best option is to totally ignore all letters and not even enter into the appeal process?
Thanks in advance for any advice.
And for the record - there is no time or exact location of the alleged offence. Only thing I can even think of is I parked (at 8pm) outside a show home (which was obviously shut) where there were definately no pay meters, signs or (that i saw) cameras. I appreciate it was private property but didn't think anyone would mind for the two hours i was there late on a Friday night, so not obstructing, or causing inconvenience to anyone.
Thanks everyone.

Stephen_Leak

Herbos wrote: »

<snip> they seem to have got details from DVLA - anyone know how easy that is to do for them? <snip>

£2.50 a time.

Herbos wrote: »

<snip> now £60 as we didn't pay the £30 for the original ticket they claim was put on the car!) <snip>

The old missing ticket trick again.

Herbos wrote: »

<snip> From what people say I am presuming best option is to totally ignore all letters and not even enter into the appeal process? <snip>

Your presumption is correct.