Help! Euro car park fine vue cinema hamilton

ManxRed

Even most council tickets are not deemed as 'offences' so blackhorse are all over the place here.

I would contact Blackhorse in writing, state that these charges are civil disputes and unrelated to any criminal law, hence they are not 'offences' - they do not fall under the criteria of blackhorse's terms and conditions for issuing an admin fee and hence blackhorse are in breach of their contract with you.

If they do not refund you within seven days you will report the transaction as an unauthorised transaction and you may bring a civil claim against them to recover the money.

Head it up as a 'Letter Before Action'

Would it be possible for you to type out the exact clause of the Ts & Cs in full so we can determine if you are on solid ground? It may provide more ammunition.

Stroma

gemlouise84 wrote: »

Just spoke with my lease company and suprise they have just received notice to pay and paid it,not only have i paid 12 i now have to pay 70.
My lease company blackhorse.told me on phone as off october 2012 these private car park companies are legal and are now treated the same as fines fron councils and police. Im so confused...

Utter garbage, the protection of freedoms act 2012 doesn't legalise these charges, they are in fact in breach of guidelines by the bvrla their trade body on how to handle this situation, it doesn't say pay them anywhere.

Go to your bank and demand your money back if black horse don't refund, tell them that they are liable for this unauthorised payment, and you will issue proceedings against them and the lease company if the money is not returned.

Don't be fobbed off and don't lose your money, we will help you with this , let us know what happens with both the lease company and bank

Stroma

I just noticed that you are in Scotland , no new law has come into effect there at all. So the lease company can't even get that right, utterly pathetic company

ManxRed

Good Lord, yes. Well spotted, That legislation they've quoted (which they've got badly wrong anyway) is England and Wales ONLY.

gemlouise84

I will type a letter tonight for blackhorse with the info provided here. I just spoke with local mp hamilton councillor who is going to write a letter on my behalf as i was a legitinate question. Its a sad day when a firm like blackhorse dont have a clue about the law.

ManxRed

They're more interested in the money to be honest.

A lot of lease companies know all about this but choose to take advantage of the additional admin fees. That's my cynical view anyway.

Fergie76

gemlouise84 wrote: »

Black horse terms and conditions are parking offences how clever. I am going to appeal through popla see if i can win.

You can't appeal to POPLA. As others have already pointed out this does not apply to God's Country.

Fergie76

Also, Coupon-Mad has posted a link in the past (I can't find it at the moment) to a leasing newsletter, which tells leasing companies exactly what to do with private parking tickets, however the majority of them choose to ignore this advice from their own trade body.

gemlouise84

Manxred here is the exact clause.

You will pay to us any charges penalties or fines under the road traffic act 1974 or any similar act for which a summons (or that which supersedes it) may be made against the vehicle or us in respect of a fixed penalty notice or an excess charge or any other breach of the law arising out of use of the vehicle during the term. In the event we are required for whatever reason to pay such charges fined or penalties then you shall on demand reimburse us for all such amounts together with a reasonable administration charge which we will tell you from time to time.

Thats it word for word

Stroma

Well they are in breach of their own terms then, because this is not a fine, penalty, excess charge and not under the road traffic act! They must return all of your money. If they don't I would in your position threaten to sue them