Are any parking fine legally enforceable?

vertex

Hi all
Ive been caught out twice by PPCs.

After reading a few posts on this forum, is the view that under no circumstances are these fines legally enforceable? For example, if I park, buy a ticket, and then come back 4 hours past when the ticket expires, I can just lodge an appeal, ignore the threatening letters and it will be fine?

Obviously people do get taken to small claims court, and some presumably lose, but what are the stats?

I'm just curious because with my two tickets there was a lot of 'grey area' and I'm starting to feel like I should have defended my claims rather than pay to get rid of the hassle!

beamerguy

vertex wrote: »

Hi all
Ive been caught out twice by PPCs.

After reading a few posts on this forum, is the view that under no circumstances are these fines legally enforceable? For example, if I park, buy a ticket, and then come back 4 hours past when the ticket expires, I can just lodge an appeal, ignore the threatening letters and it will be fine?

Obviously people do get taken to small claims court, and some presumably lose, but what are the stats?

I'm just curious because with my two tickets there was a lot of 'grey area' and I'm starting to feel like I should have defended my claims rather than pay to get rid of the hassle!

If you do that (4 hrs over) then you have not read the car park terms. Thereafter it's you against them fighting it and maybe in court

Umkomaas

After reading a few posts on this forum, is the view that under no circumstances are these fines legally enforceable? For example, if I park, buy a ticket, and then come back 4 hours past when the ticket expires, I can just lodge an appeal, ignore the threatening letters and it will be fine?

A far too simplistic an analysis and conclusion.

Read the NEWBIES FAQ sticky to understand the enforceability of (some) private parking tickets. There are many different parking scenarios, dependant on whether it is the keeper or driver being pursued, some could never be enforceable, many others can and are (read ParkingEye -v- Beavis).

I'm just curious because with my two tickets there was a lot of 'grey area' and I'm starting to feel like I should have defended my claims rather than pay to get rid of the hassle!

Have you already paid? :eek:

Tilt

Good question.

Private 'tickets' are actually invoices issued for breach of contract and can be recovered via the small claims court. However, the company must adhere to certain codes of conduct and be registered with the British Parking Association (BPA) to enable them to practise their 'trade'. They cannot issue 'fines' or 'penalties' as they have no legal status to do so.

Ultimately their only legal avenue to pursue Joe Public is via the small claims court. Outside of that, they have no legal powers what so ever.

There is now an independent appeal process in place (popla) which you can ultimately take rejected appeals to. But the general rule is not to ignore private PCNs any more as they can now aim their 'invoice' at the registered keeper if they cannot identify the driver who actually makes the 'contract' with them.

vertex

Have you already paid?

I paid one, but not the other one.

Looking at http://www.bmpa.eu/companydata/Excel_Parking_Services.html it reads "To work out your chances of going to Court, compare the number of Court Hearings against the number of Tickets Issued - usually less than 1 in 1000." But this doesnt take into account how many tickets were contended. For example, if they sent out 10 tickets, of which 1 was contended against, and they took that person to small claims, then your chance of going to court is 100%. Is that right or am I completely misreading whats being said? (which is entirely possible!)

Coupon-mad

No, your chance of going to court is minor. You are assuming 90% of victims pay!

And keepers can't be held liable by Excel.

vertex

Thanks C-M. Excuse my awful maths, but what is the chances for this year considering theyve issued 57836 tickets this year and had 123 court hearings?

Quentin

2 in a thousand in round figures!

Coupon-mad

Yes, but as long as the defence comes from the registered keeper - not driver - pointing out clearly that Excel don't use the POFA (which you would, with our help, if you got a court claim) then these should be 100% winnable in court.