NCP been very harsh...plz help!

Cool-customer2015

Hi, please offer me help and advice. I know this has been discussed previously but wondered if my case is different given the details.

NCP had stuck a ticket on my car for 50 quid if paid within 14 days or 100 if paid later for parking my car slightly outside the bay line. I parked just before midnight on a Saturday and left at 10 am on a Sunday the following day. The ticket was made at 2 am! When I parked in the multi-storey it was barely half full and the bay was hardly big enough for the kids to get out of the car so I thought it shouldn't be a big deal given the circumstances. Ok hands up I faulted but the ticket was very harsh and it was in the middle of the night on a Saturday night for gods sake!

The ticket is a "parking charge notice". The car park is private and doesn't belong to the council, police etc. I paid the full ticket charge of 12 quid.

Do I have to pay
What are the risks if I don't
Does the DVLA give my details
Can I deny seeing the ticket

Any additional advise will be greatly appreciated. Most obliged

Quentin

Denying seeing it won't help as the dvla will give the cars keepers details.


You risk getting a CCJ if you do nothing. (Assuming you are not in Scotland)


Read through the newbies thread in the parking forum and take the action recommended there.


https://forums.moneysavingexpert.com/discussion/4816822

Crabman

Welcome to MSE :hello:

I've moved your thread over to the Parking Fines sub-board

Ralph-y

Hi and welcome ...... now you are on the correct forum please have a read through the newbie thread

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

where your questions should be answered ..... and even some you have not thought of yet ;-)

Ralph:cool:

londonTiger

Cool-customer2015 wrote: »

Hi, please offer me help and advice. I know this has been discussed previously but wondered if my case is different given the details.

NCP had stuck a ticket on my car for 50 quid if paid within 14 days or 100 if paid later for parking my car slightly outside the bay line.

I know it feels unjustified and frustrating, legally speaking they are entitled to ticket you for being slightly outside of the bay.

For good reason, after you leave the car parked it could get very busy and veering slightly over the line would make the bay next to you unusable.

You are supposed to park on the centre with equal space on both sides - if everyone parked like that you could park with cars on either side and still open your doors.

If you park right to the line on one side it makes it impossible to open the doors if there is a car on the other side - but you dont get a ticket because it's legally OK to do. But is is inconsiderate.

So you have some leeway - so parking past the line and getting fined - justifiable IMO.

Fruitcake

londonTiger wrote: »

I know it feels unjustified and frustrating, legally speaking they are entitled to ticket you for being slightly outside of the bay.

For good reason, after you leave the car parked it could get very busy and veering slightly over the line would make the bay next to you unusable.

You are supposed to park on the centre with equal space on both sides - if everyone parked like that you could park with cars on either side and still open your doors.

If you park right to the line on one side it makes it impossible to open the doors if there is a car on the other side - but you dont get a ticket because it's legally OK to do. But is is inconsiderate.

So you have some leeway - so parking past the line and getting fined - justifiable IMO.

This is not a legal matter. It may be inconsiderate but no laws are broken if you park outwith the terms and made up conditions that a private parking company may try to impose.


It is not a fine. It is an invoice and properly challenged it can be beaten. This is a money saving site, and helping posters to save money is the object of this forum, not to tell people why you think someone should pay a fake unenforceable parking invoice.

nigelbb

londonTiger wrote: »

I know it feels unjustified and frustrating, legally speaking they are entitled to ticket you for being slightly outside of the bay.

For good reason, after you leave the car parked it could get very busy and veering slightly over the line would make the bay next to you unusable.

You are supposed to park on the centre with equal space on both sides - if everyone parked like that you could park with cars on either side and still open your doors.

If you park right to the line on one side it makes it impossible to open the doors if there is a car on the other side - but you dont get a ticket because it's legally OK to do. But is is inconsiderate.

So you have some leeway - so parking past the line and getting fined - justifiable IMO.

Justifiable my !!!!!! Is the 'crime' so serious that it warrants a penalty higher than if the car were parked on double yellow lines obstructing the traffic?

The OP said the car park was barely half full & the car barely over the line but even if the car park had been nearly full & the car had been completely straddling two places then the most that is owed is another full parking fee i.e. £12 not a £100 penalty.

londonTiger

nigelbb wrote: »

Justifiable my !!!!!! Is the 'crime' so serious that it warrants a penalty higher than if the car were parked on double yellow lines obstructing the traffic?

The OP said the car park was barely half full & the car barely over the line but even if the car park had been nearly full & the car had been completely straddling two places then the most that is owed is another full parking fee i.e. £12 not a £100 penalty.

if they were forced to limit their fines to just the cost of the parking.

1) nobody would pay for parking at all. the attitude will be "I'll pay it when I get caught and sent a letter through my post"
2) cost of enforcement is included in the parking fine, you clearly dont run a business so you have no idea the business overheads are in chasing someone who violates parking rules. If they sent a bill for the cost of an additional parking ticket for parking in 2 bays they will be out of business because it's a very involved process doing all the paperwork and having a warden on site.

3) precedent is set by the government, OK what will a council charge if someone parked in a council pay and display bay without a ticket? £60. Guess what private landlords and their agents will charge the same!! No judge is going to argue with that that.

So many people harp on about the ancient loopholes with their head buried in the sand. A lot of people are being taken to court and forced to cough up for the initial "invoice" as well as the other parties legal costs.

enfield_freddy

londonTiger wrote: »

if they were forced to limit their fines to just the cost of the parking.

1) nobody would pay for parking at all. the attitude will be "I'll pay it when I get caught and sent a letter through my post"
2) cost of enforcement is included in the parking fine, you clearly dont run a business so you have no idea the business overheads are in chasing someone who violates parking rules. If they sent a bill for the cost of an additional parking ticket for parking in 2 bays they will be out of business because it's a very involved process doing all the paperwork and having a warden on site.

3) precedent is set by the government, OK what will a council charge if someone parked in a council pay and display bay without a ticket? £60. Guess what private landlords and their agents will charge the same!! No judge is going to argue with that that.

So many people harp on about the ancient loopholes with their head buried in the sand. A lot of people are being taken to court and forced to cough up for the initial "invoice" as well as the other parties legal costs.

actually you got that wrong , no company (PPC) is allowed to charge for enforcement , staff uniforms of the xmas staff dinner ,


the correct wording is GENUINE PRE ESTIMATE OF LOSS ,


this is supposed to be the figure that the owner lost by you parking there , instead of another customer that would have paid for the space.


as the OP paid for there space , they did not cause the land owner any loss at all.
the whole court of appeal (bevis v PE was about the charges , a counsil ticket is NOT £100!!


however a judge that spends £300 on his lunch would not miss £100 !




and please read the OPs comments carefully , you state " someone parked in a council pay and display bay without a ticket? £60." , the OP paid for his ticket!

londonTiger

enfield_freddy wrote: »

and please read the OPs comments carefully , you state " someone parked in a council pay and display bay without a ticket? £60." , the OP paid for his ticket!

Ok some parked in a council pay as display car park and they had their wheels on the bay next to it...

A sI said earlier the bays are wide enough that you can drive in and open your doors wide enough on both sides to get out, some people park right to the edge of the box, but not touching the line - it's annoying but allowable. Some people park on the line - it's even more annoying but allowed. But there is no excuse for venturing past the bay and parking on two bays.

Don't know about your council but our council charges £60 discount for paying within 2 weeks and £100ish for the full price thereafter.

The defintion of preestimate of loss is not set in stone and down to the interpretation of the judge. The private parking services can always point to what the council charges for similar "breach of contract" and that sets ceiling of what the private companies can charge.

you can cite anciant case laws all you want but private parking companies are winning in court.

https://www.parkingeye.co.uk/motorist-information/parkingeye-win-over-90-of-county-court-hearings/

londonTiger

Also Mr Barry Beavis a MSE champion who took parking eye to court. and lost