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  • FIRST POST
    • Former MSE Helen
    • By Former MSE Helen 24th Feb 15, 3:18 PM
    • 2,324Posts
    • 971Thanks
    Former MSE Helen
    MSE News: Legality of private parking fines to be tested in court today
    • #1
    • 24th Feb 15, 3:18 PM
    MSE News: Legality of private parking fines to be tested in court today 24th Feb 15 at 3:18 PM
    A case is being heard at the Court of Appeal today, which could set a precedent on reclaiming excessive parking fines ...

    Read the full story:

    Legality of private parking fines to be tested in court today




    Click reply below to discuss. If you havenít already, join the forum to reply. If you arenít sure how it all works, read our New to Forum? Intro Guide.

Page 1
    • oldagetraveller
    • By oldagetraveller 24th Feb 15, 3:41 PM
    • 3,511 Posts
    • 1,996 Thanks
    oldagetraveller
    • #2
    • 24th Feb 15, 3:41 PM
    • #2
    • 24th Feb 15, 3:41 PM
    " private parking fines"
    Really? Do any of MSE's "Officials" read anything that's posted on here?

    • Pincher
    • By Pincher 24th Feb 15, 3:50 PM
    • 6,516 Posts
    • 2,491 Thanks
    Pincher
    • #3
    • 24th Feb 15, 3:50 PM
    • #3
    • 24th Feb 15, 3:50 PM
    Will strangers park in your estate, if parking fines are just the price of a hamburger?
    • bazster
    • By bazster 24th Feb 15, 4:00 PM
    • 7,326 Posts
    • 9,448 Thanks
    bazster
    • #4
    • 24th Feb 15, 4:00 PM
    • #4
    • 24th Feb 15, 4:00 PM
    Will strangers park in your estate, if parking fines are just the price of a hamburger?
    Originally posted by Pincher
    Never mind your estate, they'll park in your living room, on your lawn, under your bed, it's gonna be carmageddon, just like that nice Mr. Troy keeps saying.

    After all, just look at all the other countries where they don't have plucky, intrepid private parking companies fighting the good fight to protect landowner's rights. It's hell, it really is. Did you know that in France people find they can't even watch the telly of an evening 'cos someone parked in their armchair?

    Do we want that in England? No sirree we do not. Let's all pray that the Court of Appeal upholds the inalienable right of private parking companies to lie, cheat, extort, harass and bully to their heart's content. You know it makes sense.
    Je suis Charlie.
    • DoaM
    • By DoaM 24th Feb 15, 4:05 PM
    • 8,707 Posts
    • 8,604 Thanks
    DoaM
    • #5
    • 24th Feb 15, 4:05 PM
    • #5
    • 24th Feb 15, 4:05 PM
    It's carnage up here in Scotland, what with POFA not applying so keepers can simply ignore anything from PPCs and their DC chums.


    Oh wait ................ it isn't.
    • enfield freddy
    • By enfield freddy 24th Feb 15, 4:18 PM
    • 5,919 Posts
    • 3,909 Thanks
    enfield freddy
    • #6
    • 24th Feb 15, 4:18 PM
    • #6
    • 24th Feb 15, 4:18 PM
    gosh thanks for the heads up , I also look forward to the junk email telling me about this in the next few days,


    I had no idea this was happening now ,


    possibly , because I know that no skilled writer would use the word "fined" and "parking eye" in the same sentence , as we know Parking Eye work within the law , and would never attempt to use the word "fine"
    • Computersaysno
    • By Computersaysno 24th Feb 15, 5:03 PM
    • 1,156 Posts
    • 937 Thanks
    Computersaysno
    • #7
    • 24th Feb 15, 5:03 PM
    • #7
    • 24th Feb 15, 5:03 PM
    No judgement today.
    There's a very very easy way to get rid of scumco 'fines'...but I'm not allowed to say what it is...because it involves lying to scummy parking companies [which some people say is illegal!!] and that's 'not allowed'.
    • Computersaysno
    • By Computersaysno 24th Feb 15, 5:04 PM
    • 1,156 Posts
    • 937 Thanks
    Computersaysno
    • #8
    • 24th Feb 15, 5:04 PM
    • #8
    • 24th Feb 15, 5:04 PM
    " private parking fines"
    Really? Do any of MSE's "Officials" read anything that's posted on here?
    Originally posted by oldagetraveller
    Of course they don't. there are no journalists on here [and very few anywhere else in the UK].
    There's a very very easy way to get rid of scumco 'fines'...but I'm not allowed to say what it is...because it involves lying to scummy parking companies [which some people say is illegal!!] and that's 'not allowed'.
  • BenefitMaster
    • #9
    • 24th Feb 15, 7:19 PM
    • #9
    • 24th Feb 15, 7:19 PM
    It's not news - we've been discussing it for years now...
    • pogofish
    • By pogofish 24th Feb 15, 7:39 PM
    • 9,662 Posts
    • 10,229 Thanks
    pogofish
    It's carnage up here in Scotland, what with POFA not applying so keepers can simply ignore anything from PPCs and their DC chums.


    Oh wait ................ it isn't.
    Originally posted by DoaM
    Actually it is - Didn't you notice that all the recent cases known about involved people who made the mistake of taking the PPC seriously, "appealing" to them and outing themselves as the driver.


    If they had taken the advice to ignore from the outset, there is no way the PPC would stand any chance of bringing a case against them.
    • salmosalaris
    • By salmosalaris 24th Feb 15, 7:46 PM
    • 949 Posts
    • 1,390 Thanks
    salmosalaris
    Actually it is - Didn't you notice that all the recent cases known about involved people who made the mistake of taking the PPC seriously, "appealing" to them and outing themselves as the driver.


    If they had taken the advice to ignore from the outset, there is no way the PPC would stand any chance of bringing a case against them.
    Originally posted by pogofish
    I've just spent the weekend in Scotland and noticed how few commercial car parks were infested by PPC's . Seemed to be working ok
    • pogofish
    • By pogofish 24th Feb 15, 8:00 PM
    • 9,662 Posts
    • 10,229 Thanks
    pogofish
    I've just spent the weekend in Scotland and noticed how few commercial car parks were infested by PPC's . Seemed to be working ok
    Originally posted by salmosalaris
    Depends where - PPCs are moving-in at a great rate in Urban areas and even the likes of the FC are bringing them into rural car parks - There are far more now than even a couple of years ago.

    Also, PPCs have not had the impetus of POFA to encourage them to update their signage - So there are loads where PPCs do operate but you will be hard-pushed to tell because of the pathetic signage.
    • fermi
    • By fermi 24th Feb 15, 9:55 PM
    • 39,669 Posts
    • 47,650 Thanks
    fermi
    http://parking-prankster.blogspot.co.uk/2015/02/parkingeye-v-beavis-court-of-appeal.html
    • allan1954
    • By allan1954 25th Feb 15, 8:06 AM
    • 95 Posts
    • 30 Thanks
    allan1954
    parking eye fined me £50 +£2.50 credit card charge because I was 5 minutes over the 2 hours free parking.there was a Que onto the main road out of the car park.
    • bazster
    • By bazster 25th Feb 15, 8:33 AM
    • 7,326 Posts
    • 9,448 Thanks
    bazster
    parking eye fined me £50 +£2.50 credit card charge because I was 5 minutes over the 2 hours free parking.there was a Que onto the main road out of the car park.
    Originally posted by allan1954
    The mention of credit card charge implies you paid it. More fool you.
    Je suis Charlie.
    • hoohoo
    • By hoohoo 25th Feb 15, 8:59 AM
    • 1,679 Posts
    • 3,118 Thanks
    hoohoo
    The mention of credit card charge implies you paid it. More fool you.
    Originally posted by bazster
    Too bad you paid it. Appeal anyway, and complain to aos@britishparking.co.uk that you were charged even though you were in the grace period. You may still be able to pull your fat out of the fire. Complain to the landowner too. Which car park was it?
    Dedicated to driving up standards in parking
    • DoaM
    • By DoaM 25th Feb 15, 9:00 AM
    • 8,707 Posts
    • 8,604 Thanks
    DoaM
    And perhaps also register with challengethefine.com
  • Ragsie
    Ragsy1
    I won my case at the appeal against a £90 fine at one of Liddl's car park for an overstay of 20 mins. The judge decided to reject POPLA's claim for the simple reason that there was no specific contract between the owner of the land at that site and POPLA.

    Fight the bandits!
  • GrouchoMinx
    If the judges base their conclusion on the law as it stands then PE's justification of the penalty as being 'commercially justifiable' should be thrown out - that's a big if, terribly amusing that their own representative called the charge a 'penalty' (therefore not a Genuine Pre-Estimate of Loss and not legal). Wish I'd have been there!

    All could be avoided if PE ran this car park correctly instead of relying on CCTV/implied contract/signage. There is a barrier and a kiosk at entry/exit, perhaps they could employ someone to give out tickets/accept payment, or even install payment machines - a business model based on only making a profit if an implied contract is broken is a bit weird imo.

    A disgrace that PE pay the landowner £1k, the retailers have no say in parking management, that PE reduced the parking from 3 hours to 2 on a large retail site, that DVLA give out keeper details with little check and at a huge profit (no matter what they say), that PE use bullying tactics and intimidate over-stayers, cynically abuse the small claims courts (not to mention hoax phone calls/telling falsehoods/severely redacting documents, blah, blah) and absolutely amazing that no one pays business rates on this car park which, obviously and, as PE admits itself is run as a commercial operation - if they 'win' I hope someone will rectify this situation ... the shopper/parker, the retailers and the Council tax payers lose. What a country!
    • michaels
    • By michaels 25th Feb 15, 12:46 PM
    • 23,237 Posts
    • 105,591 Thanks
    michaels
    Locally the fish and chip shop relies on trade from people parking for free for about 10-15 minutes whilst they make/collect their orders. If all those spaces were blocked by people parking for 2h 56mins people would not shop there and the fish shop would almost certainly not have enough trade to stay in business...I'm only saying.
    Cool heads and compromise
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