hel. parking ticket and Approved parking services.

Stroma

Well that is not going to happen again, clamping and towing on private land without lawful authority is now illegal. But the crux of the matter is that these tickets may be issued illegally and should be reported to trading standards if they are ticketing on the public highway

sandraroffey

they are going to go to the council on monday and ask them who owns it. though she was told a while ago, by one of the builders who was working on site, that is was berkely homes who owned the road. he was getting ticketed also during his working day. and if it is a private road, are they not required to put signs etc up so everyone knows its a private road???

Stroma

If there are no signs, then there can be no possibility of a breach of alleged contract, it's also a breach of the BPA CoP and should be reported to the dvla as they would be very interested in parking companies operating in direct breach of CoP

sandraroffey

more further information here - it transpires that the parking permits - for ALL the residents down there - were given to them by THE PARKING COMPANY, the same parking company who ticketed the entire street last night, to display in their cars.

so surely they would have known if that road was a private road???? and didnt tell them???!!! she is certain there are no signs, but have asked her to take a walk around tomorrow and take a look. the road joins onto lots of other roads that go through the estate, wonder if berkley homes owns all the roads, or some more of the roads??

Coupon-mad

I can't understand why you are spending so much of your time on this scam?

People who get a fake PCN like this just have a few letters to ignore, that's all. It's just a laughable, well-known junk mail scam.

Usual advice here:

https://forums.moneysavingexpert.com/discussion/4447173

Forum with lots of info read any private parking company thread here, pick ANY one about ANY PPC:

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

Read the stickies at the top but not 'Park Right'. Make sure you read my links on that advice previously given too. You can predict each letter and laugh at the scam.

If anyone pays they'd be a complete mug. Doesn't matter if it is private land, a PPC cannot fine anyone and certainly can no longer clamp or tow away, as that is a criminal offence since October.

sandraroffey

well, folk are being helpful on here, and for someone who doesnt know about these things, its all been very helpful. people have asked that my sons finds out who owns the road and he will still do that. they were worried because last time the cars were taken away and we understand now that they cant do that any more.


i would also like to say that if they are just a money making exercise, why would a reputable builders like Berkeley Homes bring in such a company????

Stroma

Because they are probably making money off each fake ticket paid, they won't be the first reputable company to use these companies nor the last. Just go to a retail park or supermarket and you will probably see companies like these in attendance

sandraroffey

i have seen them, and people do panic when they get a ticket. they will still find out who owns the road, because people have asked for them to do that, but i will reinforce the fact that they do NOT pay these tickets, and they MUST ignore all letters threats that may/will follow.

many thanks.

ManxRed

The upshot is:

1. The parking company must form a contract with the driver.
2. They must have sufficient ownership/occupational rights over the land in question to be able to offer parking services and form a contract. Most PPCs don't have such rights conferred upon them by the landowner. So that's problem number 1 for them.
3. Under contract law, only liquidated damages can be claimed in respect of a breach of contract. In other words, the actual financial loss suffered by the landowner as a result of the incident. In this case, that is zero. So they cannot claim anything above £0.
4. If they were to treat this as Trespass (although you've told us that the ticket says 'Contract' so this is unlikely) then ONLY the landowner can pursue anyone for damages. Damages would represent either actual damages (again, in this case, this is zero) or a nominal sum of £1.
5. In limited circumstances they can pursue the Registered Keeper instead of the driver for the amount that the driver would be liable for. Two things - (a) we've never seen anyone fully comply with the conditions that allow them to pursue the Registered Keeper, and (b) the driver is liable for £0.00 anyway, so that's all the Registered Keeper is liable for.

Be warned, the letters that people will receive in relation to this will contain all sorts of untruths about the legality of these tickets (note that private companies and individuals cannot 'fine' anyone, that is reserved for courts only. Similarly they cannot issue penalties, that is reserved for councils, police, and Transport for London under traffic legislation).

The letters will contain threats about court action, CCJs, damaged credit ratings, and bailiffs siezing goods, all of which are utter and complete rubbish.

Any court claim forthcoming would be laughed out of court within 5 mins and the parking companies know this, which is why they very very rarely attempt a court claim.

DO NOT PAY, (AND MAKE SURE NO ONE ELSE DOES). DO NOT CONTACT THE PARKING COMPANY FOR NOW. The sage old experts on here will come up with the best strategy based on your circumstances.

Check road ownership with the council, take photos of any signs an details of their locations. If there are signs, we would like to see them. At some point we'll probably want to know exactly what it says on the ticket. All of it.

Half_way

sandraroffey wrote: »

well, folk are being helpful on here, and for someone who doesnt know about these things, its all been very helpful. people have asked that my sons finds out who owns the road and he will still do that. they were worried because last time the cars were taken away and we understand now that they cant do that any more.


i would also like to say that if they are just a money making exercise, why would a reputable builders like Berkeley Homes bring in such a company????

The reason why reputable companies fall for these private parking companies is all down to good old fashoined sales speak, and the veneer of respectability.
Its thew same reason why people fall for these companies and pay up whent hey get a letter/demand.

You can fight back against them and it has been known for someone to go through the courts and charge the managing agent/parking company with trespass etc.
Then thers also the issue of who owns the road, if its adopted by the council then then parjking company could be in big trouble.

If on the other hand it isnt you can safely ignore the tickets, make sure that everyone on the street knows about the private parking industry, the protection of freedoms act - which bans towing/clamping on private land ( and un adopted roads) the fact that you can appeal each ticket to popla which means the registered keeper may be liable for what is realy an un enforcable penalty.
Then have a little competition, how many tickets can each person gain in one week/one month etc?