MSE News: 'Don't pay unfair private parking tickets'

Paul_from_Bedford

MAKE SURE THE "MATERIAL DETAILS" ON THE TICKET ARE CORRECT! IF NOT THE TICKET IS NULL AND VOID

I got a ticket for parking in a private car park in Bedford. My mate had told me that because it was in the evening I didnt have to pay. Like a fool I believed him.

I was issued with a ticket by a private parking firm, accompanied by a photo of my car. I was gutted and started to pay online.

The site wouldnt recognise my registration so I checked the details again. The enforcement officer had got one digit of my registration wrong, although the photo showed my true registration.

But the ticket was the "enforcement method", not the photo.

I found out that your registration is a "material fact" e.g. vital to secure a conviction/prosecution/win in civil court. If any material facts are wrong, thats it, the evidence is inadmissible. No evidence....no case

You have to be careful though. The shade of colour of your car is not a material fact. If the enforcement officer states your car is "light grey" and it is "medium grey", this is not a material fact.

But your registration number is your cars primary identifier, therefore it is a material fact.

Obviously the parking company tried to lie, bluff and get me to pay the fine, but I held my ground and threatened to report them to an adjudicator, BPA I believe. I think my final comment to the guy on the phone was "Ok mate, see you in court".

Eventually the manager said he would "do me a favour, cos I was such a nice person, and write off the ticket". Yeah right mate, I had you by the kahoonas and you knew it.

So the moral of the story is......if a material fact is wrong, the ticket is null and void.

One up for the motorist!:rotfl:

TomarHawk

Hi,

I park in a car park regularly to go and meet my friends in a games store so we can play cards. I always park there as a member of staff says i can use his space. Yesterday I tried to get to the space but some idiot had parked right in the middle of the car park, obstructing the way. I parked in another space.

I came back as the shop closed and found that I had a Parking Charge Notice from a company called Capital Car Park Control (not a Penalty Charge Notice) saying i had to pay £70 within 14 days or 140 after that time. Obviously this is a private car park charge which I feel is unfair. Not to mention that although the ticket has my registration and date, it has not time From or To as to when it was issued and neither does it have the Attendant No. who issued the ticket. Does this mean it is unlawful and unenforecable? Unfortuantely I do not have photographic proof nor do I want this to go further or have to pay £140 as I do not have that kind of money spare.

Please can somebody help me...

Nodding_Donkey

Read the Newbies sticky thread at the top of this forum, everything you need to not pay this is in that thread.

TomarHawk

I have read it but I am still not entirely sure whether I should pay or not...

Dragonbreath

There was a brief period when, due to her illness preventing her from driving, I was the registered keeper of a friend's car in order to insure it for me. I outstayed my welcome in a car park and received a PCN. I just told them to stop writing to me and refused to identify the car driver (they can't enforce the notice on the 'owner'). It was escalated all the way to a firm of solicitors who gave me all sorts of !!!! about previous court decisions. I told them to leave me alone or I would sue them for harassment. I never heard any more. Don't bother with an appeal.You are just playing their game and they will tie you up in knots. Stand firm!

Dee140157

Tomarhawk, please start your own thread for advice and ask clear questions, but only after you re-read newbie thread where the advice is clearly not to ignore and we never advise to pay charge.

Dragon breath please do not give advice like this, it is not helpful. If the incident is less than 6 years ago, you can still be taken to court. Parking Eye are taking thousands to court every year now, whereas a few years ago they rarely did. And many PPCs are dragging up cases from eg 2009.

Paul from Bedford, why would you think PPCs would care about material facts? They will take cases all the way to court irregardless of the material facts, and if the defendant doesn't turn up, he/she may still get a CCJ.

legal_magpie

I take to task your suggestion that people should pay if they have parked wrongly and your limited definition of "unfair". It is also unfair for these firms to charge whatever they want on the basis of some alleged contract. £70 or more for staying 5 minutes too long is ridiculous. If this is a contractual claim where is the evidence of loss?

JerryW

Does anyone know if a rail station car park (Southeast trains) counts as private land? In other words, is what I get from them a valid penalty or just an invoice?
It was a few years ago now - and I paid - this is preparation for the next time!

Sweet11

Hi this is my first post and I've been looking through for advice on my euro carpark fine. I appealed as there was no signage anywhere close to the child parking bays where I was parked with my 1 and 3 year old and I was only 18 minutes late. They rejected my appeal and I refused to pay. I have now received a bailiff letter saying I need to pay £135. Is this enforceable or even legal what should I do?

Stroma

You haven't received a bailiff letter!! You have received a letter from a powerless debt collector who can only send letters with red ink in it, they won't send the boys around, this will never go to court as its Euro, and you are pretty much safe to ignore them.

Only respond to a Notice Before Claim or a real claim from MCOL, come back here and create a new thread about it, if you require further help after you have read the sticky threads then again create your own thread