Concerned about Parking Invoice

Sketty24

Hello,

I was wondering if you might me able to advise me.

The other week, my family and I had a night out, and the carpark was packed beyond belief. People were putting themselves on pavements, tucking themselves as neatly as possible out of the way, all very busy and very desperate.

Unfortunately, we were one of those desperate people and we found an invoice on the windscreen from a company called VCS demanding that we pay for being parked outside a bay.

I know many have said don't worry about it, but my real concern is that if I ignore these letters and threats, that the interest will accumulate to the point of an even more expensive payment at a later date, which would be enforced once the charge had fattened up.

Is this possible?

I wasn't even aware I could get such an invoice in that car park!

As it's a free car park anyway, I find it very excessive to pay such an amount.

ManxRed

If you read the people that say 'don't worry about it', they will often explain why. Essentially the parking company cannot form a contract with a driver unless they actually own the land in question (or are leaseholders) - this is very very rarely the case. On top of that, the redress for breach of contract uner Contract Law is the actual losses incurred as a result. Which is zero.

Which is why we advise you to ignore these tickets.

The sum they demand might well go up from letter to letter, but you are not legally bound to pay them a penny, so you won't ever pay them anything other than zero.

peter_the_piper

as an addition, the very high sum they seem to get to after about 5 letters, seems to go down from letter 6 onwards then you get the Pleeaaassee pay us bit.

bondy_lad

just ignore,and your title can now read,,,UNconcerned.its a scam, so relax, feet up,jobs a belter aint it.worry not about this FAKE ticket/invoice inpersanating the real one.

Sketty24

Thanks for replying so quickly guys.

Do you know if any of these cases ever actually reached a court level?

Although many tell me not to worry, I'm not sure how many of these have been in this situation themselves! My main concern is that I ignore, ignore, ignore, and then a couple of years down the line, get a court summons for a whopper of a 'fine' after all these piling interests.

It's frustrating because I made a genuine mistake and yet it's such a heavy penalty.

ManxRed

You won't get a summons, you haven't broken any law.

They could issue a civil court claim against you (anyone can issue a court claim against anyone if they really want to) - it would need to be for breach of contract - however their odds of winning such a claim are miniscule to zero, and what's more they know it.

1. VCS v HMRC states that in order for a contract to be formed in the first place, the parking company needs to own the land of have sufficient proprietary rights to it (i.e. freeholder or leaseholder). This almost certainly won't be the case here.

2. Contract Law specifies that any injured party in a contract breach is entitled to their actual losses only. This isn't £60 or any spiralling amount they dream up with each subsequent letter. Its their actual loss. Plus some sundry court costs (£25?). That's it. Their loss here, in a free car park, is zero.

It'd be laughed out of court. They know this so won't try, they'll just try and scare you into paying by sending nasty threatening letters, including a few from powerless debt collectors. It won't go to court.

maypole

Sketty24 wrote: »

Thanks for replying so quickly guys.

Do you know if any of these cases ever actually reached a court level?

Although many tell me not to worry, I'm not sure how many of these have been in this situation themselves! My main concern is that I ignore, ignore, ignore, and then a couple of years down the line, get a court summons for a whopper of a 'fine' after all these piling interests.

It's frustrating because I made a genuine mistake and yet it's such a heavy penalty.

Well as you will see from lots of helpful posts, this is not a fine. I am in the same position as you, recently got a Parking charge from an ASDA car park and I have been reassured by the info on here.
I saw this link and it may reassure you

http://www.youtube.com/watch?v=R3J-Xl6rSlk&feature=related

SodG24

The rough figures are of 1.8 million invoices less than 50 went to court last year and then the PPCs only won half of those ( in all likelihood by default because the person didn't turn up ).

It's even harder for them to do court now thanks to a case earlier this year. Besides, unless you contact them they have nobody they can take to court.

peter_the_piper

If I remember correctly out of 1.8million private tickets/invouces last year, 49 went to court papers, of which 24 were settled, and 25 were won by the driver. so there is a minute chance of court even then. Its less now as they have to spend £32 on adjudication first before they can even think of small claims court. We have yet to have a history of cases as so few have progressed even to adjudication.

Sod he beat me to it.

pogofish

Sketty24 wrote: »

Do you know if any of these cases ever actually reached a court level?

Although many tell me not to worry, I'm not sure how many of these have been in this situation themselves! My main concern is that I ignore, ignore, ignore, and then a couple of years down the line, get a court summons for a whopper of a 'fine' after all these piling interests.

Yes, there is already a thread about it in this forum. VCS initiated a grand total of seventeen claims last year - I can't tell you how many actually went the distance but when they do go the distance and actually turn up, they usually get their backsides resoundingly kicked - eg this one:

http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231

Where the VCS rep was advised to pack their toothbrush if they ever came before that court again!

And this is the result of the only one that really matters:

http://www.tribunals.gov.uk/financeandtax/Documents/decisions/vehicle_control_services_v_hmrc.pdf

Because it finally, totally and utterly screwed the pooch for any claims to "legality" from the UK private parking industry.

http://www.tribunals.gov.uk/financeandtax/Documents/decisions/vehicle_control_services_v_hmrc.pdf

So I hope you now see that when we say "not to worry," we really do mean it. So stop thinking you are any sort of different to anyone else who has contributed to the thousands of threads in here!

The_Slithy_Tove

peter_the_piper wrote: »

If I remember correctly out of 1.8million private tickets/invouces last year, 49 went to court papers, of which 24 were settled, and 25 were won by the driver. so there is a minute chance of court even then.

What's more, VCS are even less likely to do so, as they have been spanked a few times in court recently. Not likely to try again in a hurry.