Kernow parking Solutions Mousehole

drcotts

I hear what you say and to be honest I agree. Ironically i used to have a motor home and when parking on car parks i would always check the signage for the odd surreptitious exclusion that would get me a ticket. But i am annoyed with myself with this one. As i said I was going to pay the fine but ringing mobile numbers and giving card details over the phone seemed too suspicious to me. He could be anyone and who knows passing my card details onto anyone else.

I presume that anyone who is on here claiming they got a ticket was in some way flouting rules that are clearly displayed such as parking between the lines, displaying a ticket, not staying over the time paid etc so the issue of a parking notice (or whatever its called) is in itself legal even though perhaps not enforceable. And what t most of the conversations on here are about is finding ways to get out of paying - if we can. Especially as the fine is ridiculously expensive.

Redx

except its not a fine, no parking company can "fine" you , nor can they issue a "penalty" either

its an invoice, a ridiculously expensive parking charge invoice

only a judge can decide if its enforceable or not

its on watchdog tonight, and DOM tomorrow morning

if you stay here 2 years like me you will get more up to speed on this topic, as do a lot of people , its not always about getting out of paying either, its about paying a reasonable amount as restitution for lost payments

ie:- if it was £2 to park and £8 to find the address of the RK and send them a bill (invoice), making it £10 in costs and lost revenue, we would tell you its a fair charge and you should pay it

as for your error, never compare council car parking with private car parking, its like comparing beef and elephant, just because they are mammals

this isnt criticism , its education, for all

the assumptions people make mean they dont focus on the real issues

Fruitcake

drcotts wrote: »

I hear what you say and to be honest I agree. Ironically i used to have a motor home and when parking on car parks i would always check the signage for the odd surreptitious exclusion that would get me a ticket. But i am annoyed with myself with this one. As i said I was going to pay the fine but ringing mobile numbers and giving card details over the phone seemed too suspicious to me. He could be anyone and who knows passing my card details onto anyone else.

I presume that anyone who is on here claiming they got a ticket was in some way flouting rules that are clearly displayed such as parking between the lines, displaying a ticket, not staying over the time paid etc so the issue of a parking notice (or whatever its called) is in itself legal even though perhaps not enforceable. And what t most of the conversations on here are about is finding ways to get out of paying - if we can. Especially as the fine is ridiculously expensive.

It is not a fine, it is a speculative invoice. Like me sending you an invoice for reading this post. You've read it, now pay up. Amount reduced if you pay within 14 days. If you disagree, you can appeal here ... at scamparking.com or an independent appeals process if I reject it. Info here ... blah blah blah.

Legal refers to criminal law, lawful refers to civil (in this case contract) law.


What we try to do here is point out that no contract was formed or the PPC didn't follow the correct contract law, eg POFA 2012 timescales, NTK dates etcetera, or show that the PPC suffered no loss by the motrists actions, or the signage was inadequate.

ampersand

Redx - that's a good #10. Thankyou - disabled neighbour has just acquired wheels again, so will make him aware.
#
op, re:
'I presume that anyone who is on here claiming they got a ticket was in some way flouting rules that are clearly displayed such as parking between the lines, displaying a ticket, not staying over the time paid etc so the issue of a parking notice (or whatever its called) is in itself legal even though perhaps not enforceable.'

Please, drcotts! You cannot assume anything of the kind.

Most people coming to this Forum have failed to see anything of the sort, think they have paid correctly if required, do not know the meaning of 'compliant signage'.

Redx- you're really on a roll today! Those 2 closing sentences from #13 bear repeating:

this isnt criticism , its education, for all

the assumptions people make mean they dont focus on the real issues

#

Lose that 'f - - -' word, #11, op:-)

bazster

drcotts wrote: »

I presume that anyone who is on here claiming they got a ticket was in some way flouting rules that are clearly displayed such as parking between the lines, displaying a ticket, not staying over the time paid etc so the issue of a parking notice (or whatever its called) is in itself legal even though perhaps not enforceable. And what t most of the conversations on here are about is finding ways to get out of paying - if we can. Especially as the fine is ridiculously expensive.

It's rarely that clear-cut. As you say, not only is the charge ridiculously expensive but the signs are often not clearly visible, not easily readable, and full of gibberish.

It's well-established law that where a contractual term is stupidly onerous on one party (e.g. a term that demands £100 from you for failing to buy a £1 ticket) it needs to shriek at you from the contract such that you couldn't possibly miss it. Did the signs at this car park do that for you? Obviously not, because you didn't see/read them!

The parking scum will often state that it's the motorist's responsibility to track down the parking signs/terms. Utter cobblers: it's their responsibility to make them so in-your-face you couldn't possibly miss them. But of course they will not do that because they want you to break the rules!

nigelbb

bazster wrote: »

It's rarely that clear-cut. As you say, not only is the charge ridiculously expensive but the signs are often not clearly visible, not easily readable, and full of gibberish.

It's well-established law that where a contractual term is stupidly onerous on one party (e.g. a term that demands £100 from you for failing to buy a £1 ticket) it needs to shriek at you from the contract such that you couldn't possibly miss it. Did the signs at this car park do that for you? Obviously not, because you didn't see/read them!

The parking scum will often state that it's the motorist's responsibility to track down the parking signs/terms. Utter cobblers: it's their responsibility to make them so in-your-face you couldn't possibly miss them. But of course they will not do that because they want you to break the rules!

Motorway Service Areas are a good example. Free parking for up to 2 hours then £10-15 for up to 24 hours. One simple measure to bring this to the attention of motorists would be to have large signs reminding drivers of the charge on each exit door from the services/cafeteria yet I have never seen such signs.

Another good example from MSAs is that if you pay on the day you can park for up to 24 hours yet if you forget they send out a £100 'fine' which is clearly an extravagant & unconscionable amount when they would have been happy if the motorist paid £10-15 before leaving the MSA.

drcotts

Thank you all for the help

Will leave it and see what happens

Phill

PasturesNew

nigelbb wrote: »

I don't know why BB holders need bother with car parks when they can park wherever they like on double yellow lines without penalty:-)

You try parking in Mousehole on double yellow lines....the roads are so narrow there's barely room to paint two yellow lines!

https://www.google.co.uk/maps/place/Mousehole,+Cornwall/@50.083797,-5.538134,3a,75y,315.74h,63.42t/data=!3m4!1e1!3m2!1sSWsUvYq46qA5IiMoPZx-IA!2e0!4m2!3m1!1s0x486ac5ae1c0d34ed:0x5acb7da836215189!6m1!1e1 and that's the widest bit for 1/4 mile.

drcotts

Update
I have been going through a break up of my relationship and so things have been a bit busy.
I think i might have made a total balls up but would appreciate any advice

I just left the notice and didnt appeal at all or contact KPS

To try and bring the matter to an enbd I tried (prehaps silly in retrospect) to send £60 even though its been 2-3 months hoping he might cut his losses
He sent it back 10 days later saying the full £100 was now payable. This was about 2 weeks ago

If i am honest i realise i was a faulty and if Kernow parking solutions had the legal right to ask for this charge i woiuld pay but i am concerned that they are not legally entitles to ask for this.

Theres no address or anyhing just a PO box no so it seems suspcious

I woiuld appreciate any advice and am willing to pay if its legal but dont want to just send money to a leech.

Thanks
Phill

Umkomaas

He sent it back 10 days later saying the full £100 was now payable

Well that's just saved you sixty quid!

You are too far down the road to win this via appeal, so you continue to ignore this unless formal court papers are served on you - come back if you get these.

Sending that cheque will only have served to reawaken interest in you, so you will now probably get some 'extra attention' via debt collector letters (some may threaten court proceedings) but all of these can be safely ignored. Remember, only real court papers need your urgent attention.

The only other option which you can pursue is to press the landowner to cancel the charge. You need to press heavily on the fact that this was a genuine blue badge holder, not a fly parker abusing a disabled bay.