Parking Charge Notice in a a FREE car park

LeonDog

I have used this FREE car park at a local retail park for years, Its a large area but with green areas dividing it up in to what are effectively several smaller car parks. The nearest ones to the shops are always full and I don't like getting dents in my doors so i drive through to the one furthest away where there was one car, a 4x4 and a approx 30+ empty spaces. With so much space on a quiet Sunday afternoon I saw no reason to park between the lines. Instead i chose to hang my wheels in to the next space so as to give the 4x4 next to me more room to throw its doors open. I return 15minutes later drive away without noticing the sticker below my tax disc. We found it later. UKCPS yellow square thing that unfolds. Very hard to read the location but we worked out where it was from and returned to look for signs. Yes it has signage, and yes it says if i don't park straight and between the lines i will be liable but i have never seen this before or read it.
Surely the worst i have done is take up an extra space, as its "free" it has not lost them any income or stopped anyone else parking , the place was empty.
Any advice

trisontana

Yes, just ignore. Simple as that.

Buzby

Sure - someone needs to pay for their man's wages. Ignore all correspondence, but keep it to appreciate the sequence of desperation....

LeonDog

Must admit that was my first thought. I will wait and see what follows.

nickcc

What will follow are non enforceable claims for payment, just bin them. These companies are just low life who try to make a living conning people.
Do not contact them as you will never get rid of them.Ask yourself what loss has been suffered by either the owners of the FREE car park or the enforcement company, the correct answer is none.

Stephen_Leak

Private ticketing companies must love big 4x4s.

Only councils, the police, some train operators and Transport for London can issue legally enforceable fines or penalties. A private ticketing company can't. What they issue are “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 with a driver entering the car park in the first place. See The Unfair Contract Terms Act 1977 and Excel Parking Services vs. Cutts, Stockport, 2011.

If we assume that there is a contract, all the car park owner can claim from a driver in damages for an alleged breach of a 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 1977. See Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., House of Lords, 1914 and countless cases since.

There are also now 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 car park owner 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. No private ticketing company or car park owner has taken any alleged offender to court since.

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

In any event, you should write to the car park owner, advising them that they’re "jointly and severally liable" for the actions of their agents and that any further actions by the private ticketing company would be regarded as harassment under the terms of The Protection from Harassment Act 1997. This ought to make the car park owner call off the private ticketing company and, maybe, also realise the potential cost of doing business with one.

There’s no point appealling to the private ticketing company. They usually reject them. What’s in it for them to let anyone off?

The private ticketing company, then a debt collector and then a solicitor will send you a series of letters. The debt collector and solicitor are usually the same people, 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 them. Eventually, they’ll run out of empty threats and stop throwing good money after bad.

arcon5

I have to ask.... with 'so many free spaces' why didn't you park 1 space over in to the next space

Good advise from the above poster

LeonDog

Thanks for Info SLeak.
As for arcon5 question, sounds like a good idea, wish i had now.

devonlad

As a person helped by tristonia and couponmad and to many to mention I done the threating letters etc just keep putting regular updates on here for next few weeks ad that is what it will take. Each time you post you will get proven sound advice all through the stress of threats and letters. No one here wants you to go court ccj etc so in the words of the old green cross code. STOP ( think before you panic read the stickys on here) LOOK ( look at the chain letters on here) LISTEN ( listen to the veterans on here and follow you mind) in few weeks you will be posting on here helping others that are in the same position you are now. Then tell all your friends work Mates and like me carry on helping others
No need to say goodluck as wont need it. Send me 60 and I will bank it for you and get you bit of interest lol promise not to spend it

Wanton

In theory does this mean that someone can park over two spaces, not purchase a ticket and stay in the car park all day without fear of retribution?

Edit: I'm not going to do this by the way, just interested.

trisontana

We do not condone not paying the fee to park. What we are against is the stupid amounts of money demanded by PPCs for breaking their silly rules. That way you retain the moral high ground.