FURIOUS! parking fine recieved when no ticket was issued

sarahg1969

dmg24 wrote: »

The above thread unfortunately does not clear up any doubt on the legality of the fines. It would be misleading for people to think that they can rely on the judgment.

They are not fines.

Brooker_Dave

sarahg1969 wrote: »

They aren't fines. No-one has the authority to issue a fine except for a court of law. These are invoices, and you can safely ignore them.

So how do the railways and bus companies get away with issuing penalty fares?

sarahg1969

Brooker_Dave wrote: »

So how do the railways and bus companies get away with issuing penalty fares?

Because there is legislation that covers them. In the same way that councils can issue penalty notices.

BUT, they are not fines. They are penalties. If you don't pay a penalty, off you go to the Magistrates Court. The Magistrates would then FINE you for non-payment of the penalty.

Brooker_Dave

chuckles1066 wrote: »

The private parking company may well request the Registered Keeper's details from DVLA but that won't reveal who was driving and the Registered Keeper is under no legal obligation to reveal that information.

But surely the registered keeper is responsible for the car, no matter who was driving it?

sarahg1969

Brooker_Dave wrote: »

But surely the registered keeper is responsible for the car, no matter who was driving it?

Responsible for entering into contracts they know nothing about?

Brooker_Dave

sarahg1969 wrote: »

Responsible for entering into contracts they know nothing about?

Well yes.

If you allow someone use of your car, and they do something irrisponsible, does the buck not stop with you?

Brooker_Dave

sarahg1969 wrote: »

They aren't fines. No-one has the authority to issue a fine except for a court of law. These are invoices, and you can safely ignore them.

What about NCP car parks, they have sites all over the place, given that they are a private company, how do they police their overstayers/non payers?

maninthestreet

Brooker_Dave wrote: »

Well yes.

If you allow someone use of your car, and they do something irrisponsible, does the buck not stop with you?

Of course it doesn't.

Brooker_Dave

maninthestreet wrote: »

Of course it doesn't.

I believe you're mistaken.

Bamber19

sarahg1969 wrote: »

The Magistrates would then FINE you for non-payment of the penalty.

They wouldn't, they'd potentially make a judgement in favour of the parking company but they wouldn't fine you. (and in any event boll!!!s they'd make the decision in favour of the parking company anyway)

The problem with these companies is that they actually want you to park on their land and not pay because they know sending a threatening letter will result in half the people paying up the ridiculous amount they request.

What people should really think is "Hold on, i've entered into a contract and failed to pay, the remedy for breach of contract is to put the parties in the position they would have been has the contractual obligations been fulfilled (if still possible) therefore, if parking costs £1.50 and I fail to pay, I breach the contract and the remedy is that I owe £1.50, that is all they are entitled to, it is not lawful to insert a punitive term for breaching the contract like these companies do"