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Private parking ticket - changing address

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Comments

  • System
    System Posts: 178,390 Community Admin
    10,000 Posts Photogenic Name Dropper
    lopsyfa wrote: »
    I don’t agree with this. A parking ticket is not a debt, the OP have no agreement with parking company.

    Yes they do. When you use a car park you are agreeing to the terms of its use as clearly displayed on the signage in the car park and a contract exists if you use it. If you don't agree with those then you leave immediately.

    An invoice for the penalty charges for not complying with the terms of that contract is a debt.

    Default judgements are handed out in any county court case when the defendant doesn't respond. You got a CCJ because you chose to ignore the court notices, not because these companies "abused" the courts as you claim.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • lopsyfa
    lopsyfa Posts: 474 Forumite
    Eighth Anniversary 100 Posts Name Dropper
    Tarambor wrote: »
    Yes they do. When you use a car park you are agreeing to the terms of its use as clearly displayed on the signage in the car park and a contract exists if you use it. If you don't agree with those then you leave immediately.

    An invoice for the penalty charges for not complying with the terms of that contract is a debt.

    Default judgements are handed out in any county court case when the defendant doesn't respond. You got a CCJ because you chose to ignore the court notices, not because these companies "abused" the courts as you claim.

    How many of those terms of the contract are fair? And how many of those parking tickets are awarded following the POPLA and government regulations. The point is, until properly challenged in court, this is not a debt. We can argue as much as you like, we’ll just not agree on that one. You know they used to clamp cars on private land subject to those “terms of contract” until it was banned. The point is anyone can put up a terms of contract, but not anyone else should not be expected to pay them until contested in the civil court.

    I got a CCJ because the company filed to an old address. Maybe a little context about my case will help you understand. I parked in a 1 hours car park and left 3 minutes late (within the grace period) and the first contact I had was 4 months later to pay the inflated fees: so they failed to file the NTP on time. I called to say even you “invoice” says I was 3 minutes late and the lady on the phone says never to worry. I moved out 4 months later. Two years later, they applied for the ccj at my old address: I have moved two twice before they got it.

    Even by the terms of contract you referred to, I had no debt and I should not have to tell them every time I moved address but the punitive CCJ set aside application fees makes it difficult to really fight it.

    I am afraid we don’t agree on this one but I respect your opinion.
  • Car_54
    Car_54 Posts: 9,011 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    lopsyfa wrote: »
    How many of those terms of the contract are fair? And how many of those parking tickets are awarded following the POPLA and government regulations. The point is, until properly challenged in court, this is not a debt. We can argue as much as you like, we’ll just not agree on that one. You know they used to clamp cars on private land subject to those “terms of contract” until it was banned. The point is anyone can put up a terms of contract, but not anyone else should not be expected to pay them until contested in the civil court.

    I got a CCJ because the company filed to an old address. Maybe a little context about my case will help you understand. I parked in a 1 hours car park and left 3 minutes late (within the grace period) and the first contact I had was 4 months later to pay the inflated fees: so they failed to file the NTP on time. I called to say even you “invoice” says I was 3 minutes late and the lady on the phone says never to worry. I moved out 4 months later. Two years later, they applied for the ccj at my old address: I have moved two twice before they got it.

    Even by the terms of contract you referred to, I had no debt and I should not have to tell them every time I moved address but the punitive CCJ set aside application fees makes it difficult to really fight it.

    I am afraid we don’t agree on this one but I respect your opinion.

    Was the "grace period" in the Ts and Cs? If not, you seem to have had no defence.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    edited 19 December at 8:30PM
    [quote=[Deleted User];74134046]Was the "grace period" in the Ts and Cs? If not, you seem to have had no defence.[/QUOTE]

    It's in the code of practice for car park operators that they must allow 10 minutes grace period.
  • Car_54
    Car_54 Posts: 9,011 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    lopsyfa wrote: »
    I don’t agree with this. A parking ticket is not a debt, the OP have no agreement with parking company. This however won’t stop the ‘fraud’ companies from getting a default ccj once they noticed he has not replied for a while. This is exactly what happened to me. The cost to set the ccj aside was only slightly below what they claimed so I chose to pay it within 1 month rather than waste time fighting it. The court system is essentially abused by this companies to collect unfair and unenforceable debts. The government really need to stop awarding default judgements for this type of debt.
    .
    But the government don't. The courts do. Their independence from the government is a fundamental principle of our constitution.
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 9 April 2018 at 9:42AM
    Tarambor wrote: »
    Yes they do. When you use a car park you are agreeing to the terms of its use as clearly displayed on the signage in the car park and a contract exists if you use it. If you don't agree with those then you leave immediately.

    An invoice for the penalty charges for not complying with the terms of that contract is a debt.

    Default judgements are handed out in any county court case when the defendant doesn't respond. You got a CCJ because you chose to ignore the court notices, not because these companies "abused" the courts as you claim.

    Why do you keep posting misleading info

    Have you seen how often posters win appeals and court claims after pointing out inadequate signs in the car parks? But you know that!

    The p in PCN from a private parking company is NOT for "penalty"!

    You know that default ccjs are also issued when the defendant has no knowledge of the claim!

    All your posts in this forum on this topic indicate you have an agenda posting misinformation in favour of the ppcs and newbies should ignore
This discussion has been closed.
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