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

Umkomaas

Are you sure it is Matalan chasing the charge via DRP, or is there a Private Parking Provider noted in the letter?

You should complain to Matalan - lots of recent success doing that has been reported on the forum.

You (daughter) are beyond the formal appeals stage; rather the DRP letters should be ignored - not responded to; file and retain for 6 years, the time limit legally available to the parking company (not DRP) or Matalan (highly unlikely) to pursue this. Please read the NEWBIES FAQ sticky, post #4.

Be alert for any Letter Before Claim from the PPC or Matalan or real court papers - all highly unlikely given current 'form', but it's impossible to guarantee what might or might not happen over the coming 6 years.

Ralph-y

hi, please follow the above ........ complaining to Matalan is the only way that this can be put to bed .....

some background reading in the form of the newbie thread ....

can be found here

http://forums.moneysavingexpert.com/showthread.php?t=4816822

it will help you understand a little better the 'wild west' that is the private parking industry .....

it will also tell you that we ask for a one person per thread .... so as not to get different cases mixed up ......

good luck

Ralph:cool:

christine.pearce25

Forgive me and point me in the right direction if I am on posting on wrong thread, but I Need Help Please!!! Basically, I received a parking notice from Premier Parking in Southampton. I have appealed with Popla on grounds of unfair treatment to a person with a disability, = I drove into the car park to check out how to use it for my first day at college. I didn't park, turn engine off or leave car. I suffer extreme anxiety, and needed to take it slow, take pills and gather information on how to pay etc. I have pasted below, a letter I wrote appealing the ticket - I was only in there 17 mins!! and the photos they have are of me entering and leaving, no pics showing me parked up!
Anyway, Popla have refused my appeal, and Premier Parking want me to pay £100 or they will take me to court. I am going to stand my ground on this one. I was too ill to "drive through" and gather the info any quicker, and I think that this decision is going against disability rights. Please any guidance, advice etc through this is really needed and appreciated.


You issued me with a parking ticket on 8th September 2015 but I believe

it was both unfairly and illegally issued:



* The alleged contravention did not occur

Quite simply, the vehicle was not parked inappropriately at the time the ticket was issued. This is due to the fact that I never parked my vehicle or left my vehicle alone stationery in a parking bay or any other area in St Mary's Church car park, as I was only driving though – please see mitigating circumstances.



* Mitigating circumstances

There are mitigating circumstances to explain why I entered and exited your car park and I am requesting that the charge be waived for this reason: I am diagnosed ADHD and suffer with Chronic Anxiety, and take prescribed medication daily for both. I also suffer with Chronic OCD, for which I receive medical help, and I find this condition extremely hard to manage. The reason I drove into St Mary's Church car park, was because I was due to start Southampton City College on Wednesday 9th September, and on the date specified, 2nd September, I was doing a “trial” route to prepare myself for the actual day. This trial route, involved me going into St Marys Church car park, because I planned to park there whilst at college every Wednesday. I entered the car park at 12:15 and quite simply drove around it, to get myself comfortable with how it was set out, how busy it was and what the various protocols were. I also checked to see how much the car park would cost and saw there was an app for my mobile phone that I could download to pay for my parking, Ringo. I downloaded this, and in put the parking location number (9155), so that I was fully prepared for my first day of college. I remember being extremely anxious on the day, because I don't like doing “new” things, especially alone, and had to go “slowly” as my heart was racing. I had to take a beta blocker, which I am

prescribed for occasions like this, and had to wait for this to start working. When my anxiety worsens, so does my OCD. This causes me to check and recheck things, tap and say things aloud repeatedly to myself, and that is why I took 17 minutes (My exit time was 12:32). Please see attached evidence which shows I am in receipt of disability allowance. I also have medical letters/diagnosis, which I am not willing to “go public” with, but am prepared to show a court official if necessary.



* The charge is disproportionate and not commercially justifiable.

The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner.

According to the Unfair Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case, the £100 charge you are asking for far exceeds the cost to the landowner of £1.30

Fruitcake

You mention your appeal to PoPLA but not your appeal to the parking company.
Neither parking companies or BPA/PoPLA allow mitigating circumstances so an appeal based in that will always lose.
We are dealing with Civil Law here not Criminal Law, so your use of the word "illegal" should have been "unlawful", however your explanation of mitigating circumstances have not explained what was unlawful. These parking tickets have to be appealed on points of law.


PoPLA decisions are not binding on the motorist so you do not have to pay, but the parking company may decide to take you to the small claims court if you do not.


I don't know what the likelihood of that is.


I suggest you start a new thread instead of tagging on to this one but still in the parking tickets sub-board.
It would help if you give the timeline of events: -


Date of alleged parking event
Date of Notice To Keeper.
Date you appealed to the parking company.

farnishk

The point about private land versus public / council land is well made. In most cases private land is owned by a local business and the parking companies operate on their behalf, therefore any misbehaviour by the parking companies is likely to reflect badly on the local business (supermarket, cinema, etc.)

After receiving a third letter from Parking Eye, having ignored the previous two, and looking likely to have to go through court proceedings (yes, they are doing this more) I wrote to the owner of the land complaining that the parking company were behaving in an agressive manner, that I had entered the registration number in good faith, and that I would not be visiting the business in future if further action was taken. I think it was the last bit that did it.

A couple of week later I received a letter from Parking Eye saying the parking charge had been cancelled.

The point is, these companies are shysters - they play into people's fears of prosecution, illegitimately, and most people pay the fines, even if they didn't see signs, made a human mistake, or had a genuine reason for not paying, such as an emergency. They deserve NO SYMPATHY OR RECOURSE WHATSOEVER.

Fruitcake

farnishk wrote: »

The point about private land versus public / council land is well made. In most cases private land is owned by a local business and the parking companies operate on their behalf, therefore any misbehaviour by the parking companies is likely to reflect badly on the local business (supermarket, cinema, etc.)

After receiving a third letter from Parking Eye, having ignored the previous two, and looking likely to have to go through court proceedings (yes, they are doing this more) I wrote to the owner of the land complaining that the parking company were behaving in an agressive manner, that I had entered the registration number in good faith, and that I would not be visiting the business in future if further action was taken. I think it was the last bit that did it.

A couple of week later I received a letter from Parking Eye saying the parking charge had been cancelled.

The point is, these companies are shysters - they play into people's fears of prosecution, illegitimately, and most people pay the fines, even if they didn't see signs, made a human mistake, or had a genuine reason for not paying, such as an emergency. They deserve NO SYMPATHY OR RECOURSE WHATSOEVER.

Well done on getting this cancelled. Unfortunately the advice to ignore is out of date by over three years. Parking Lie issue about 30 00 court papers per year, usually because people have ignored the original PCN or have shot themselves in the foot by giving away driver's details or tried to appeal on mitigating circumstances instead of points of (civil) law.

The more people that complain, and take their custom elsewhere, the more chance there is that companies will realise they will lose custom by employing parking scumpanies.

Tell your friends and family not to visit that car park either, and tell them to come here if they need help with a private parking ticket. Be warned that the "official" MSE advice is dubious so this thread http://forums.moneysavingexpert.com/forumdisplay.php?f=163 is the one that should be used instead.

lefish

Hi guys,

Sorry, I'm all a bit new to this but saw this thread and wanted to scratch some heads. I often drive from to Cardiff from the South Coast as our head office is there and on the way back a month ago it was late, it had been a long drive and the lit digital signs on the side of the motorway were advising me to take a break. I drove into the next services, pulled up in the dark tree covered car park and had a drink and fell asleep in my car (like many lorry drivers do I guess). I woke up a few hours later, went into the services, spent some money and carried on driving home.

A couple of weeks later I receive a Parking charge notice from a well-known band of PPC's saying I had exceeded the 2hrs parking time at the services and I was due to pay them a fine.

I have read and understand the invoice, no legal standing, no bailiffs bit but where do I stand here? A services on a motorway since when has limits? Plus the government/road safety peops tells you to take a break, lorry drivers sleep there, so why can't a long commuting car driver?

They currently want £100 for the pleasure....... Any help appreciated :j

beamerguy

lefish wrote: »

Hi guys,

Sorry, I'm all a bit new to this but saw this thread and wanted to scratch some heads. I often drive from to Cardiff from the South Coast as our head office is there and on the way back a month ago it was late, it had been a long drive and the lit digital signs on the side of the motorway were advising me to take a break. I drove into the next services, pulled up in the dark tree covered car park and had a drink and fell asleep in my car (like many lorry drivers do I guess). I woke up a few hours later, went into the services, spent some money and carried on driving home.

A couple of weeks later I receive a Parking charge notice from a well-known band of PPC's saying I had exceeded the 2hrs parking time at the services and I was due to pay them a fine.

I have read and understand the invoice, no legal standing, no bailiffs bit but where do I stand here? A services on a motorway since when has limits? Plus the government/road safety peops tells you to take a break, lorry drivers sleep there, so why can't a long commuting car driver?

They currently want £100 for the pleasure....... Any help appreciated :j

YOU MUST start your own thread to get help

Coupon-mad

The best thing to do in the first instance is start your own thread, so that you can get the best advice tailored to your own case.

Click here: http://forums.moneysavingexpert.com/newthread.php?do=newthread&f=163

Having multiple cases from multiple members on one thread only leads to confusion and you will get less help here.

DoaM

For the benefit of new posters ....

THE ARTICLE REFERENCED IN POST #1 OF THIS THREAD IS RUBBISH!

Please do not use the advice in this article ... please see the **NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou! sticky thread