Parking charge notice - pay or ignore?

[Slackjaw190]

Well done, and I would say it is worth it, because these companies are knowingly operating outside of the legal framework that was put into place to try to make this sort of thing fair, and instead of making sure they are properly abiding by the rules, rely on scare tactics to fleece people of money they aren't entitled to.

It's a principle thing.

True, depends how much you value your time against how much the penalty charge is. I overengineering my appeal, as a result spent a lot of evenings that I could have been doing something more constructive (tbh I would only have been watching tripe on tv instead).

I received a parking charge notice today.

Straight in the bin. If they want me to take notice they can start court proceedings.

Letter claims I can't appeal because it's been 28 days since the the notice was given on the windscreen. Address is wrong (doesn't actually exist), no indication of how they have plucked a £100 charge from, what terms of parking i supposedly agreed to (I didn't receive any consideration, so no contract is valid anyway) or what detriment was caused.

I used to previously waste my time going through an appeal process, asking for a POPLA code etc. and for what exactly?

In general, ignoring is not recommended these days, especially if you have good grounds for appeal. Parking companies are able and have been known to revisit open cases up to six years after the offence was allegedly committed by which time your only options are pay or visit court.

 

[Slackjaw190]

For future reference, there are no parking "laws", no judge has ever signed a parking charge into law.
They are simply demands.
Guy I know got a ticket for parking on double yellows, council sent him a "notice", he told them to **** off, 3 months later they send a roid freak to his house to demand money, he tells him to **** off too, never heard from them since. This was a couple years ago.
Parking charges are unlawful, no matter who sends them. And if everyone just ignores them, they will just stop issuing them.

You need an awareness of the law to construct your appeal as parking regulations can only be made, and the enforce the parking contraventions in accordance with the law.

In my case the land was owned by the council and covered by various bylaws. However the car park was rented by a private company who don't have the correct agreements to enforce parking contraventions.

 

[muon]

In general, ignoring is not recommended these days, especially if you have good grounds for appeal. Parking companies are able and have been known to revisit open cases up to six years after the offence was allegedly committed by which time your only options are pay or visit court.

Cool. I'll let you know when that happens to any of the ~10 or so penalty charge notices I've had in the last ~4/5 years.

It doesn't mater how valid my appeal is (they aren't even prepared to accept one according to their letter). It will be rejected by the operator. I will then have to go to IAS for a decision, at which point the parking operator might back off after wasting my time. I'd rather take the 0.001% chance they actually decide to go to court and then win on the day. I'll sleep like a baby until then.

They can't just give you a CCJ. To get a CCJ from a parking ticket, they need to take you to court, only the courts can issue them (the clue's in the name) if you lose. However if you lose, you can still pay promptly and have the CCJ removed so it really is more of an issue of hassle unless you can't actually afford to pay it.

Council charges are different, they are entirely enforceable

That said, I do in principal agree with owners of private land being free to enforce parking restrictions, I dont think weaseling out of paying for parking is fair or decent

My post clearly relates to legally enforceable penalty charge notices. If bailiffs have started visiting the person's friend, I would guess it has reached the CCJ stage.

 

[Slackjaw190]

Cool. I'll let you know when that happens to any of the ~10 or so penalty charge notices I've had in the last ~4/5 years.

Cool, be quite good if a judge makes an example of a serial offender like yourself.

End of the day it's up to you but I was given the following advice 'generally most PCNs require you to take some action to avoid paying. Ultimately if the parking company did take you to court to enforce payment, then you might not look reasonable if you failed to engage at all. Further, there are many successful strategies that can get the ticket cancelled, and put an end to the matter.'

 

[muon]

Cool, be quite good if a judge makes an example of a serial offender like yourself.

End of the day it's up to you but I was given the following advice 'generally most PCNs require you to take some action to avoid paying. Ultimately if the parking company did take you to court to enforce payment, then you might not look reasonable if you failed to engage at all. Further, there are many successful strategies that can get the ticket cancelled, and put an end to the matter.'

A judge can't punish me any more than a private citizen/company can in such matters. It is up to the third party to show a genuine claim. I can guarantee in all of these cases they have nothing. I am not an "offender" of anything written in law. These are claims for compensation/charges.

I don't have to engage with anyone sending me a speculative claim with completely inadequate evidence or basis. If they want me to engage with them they can start court proceedings.

Putting an end to the matter isn't worth the hour or two I'd have to waste time on it.

edit:

For the record these entirely relate to where the public has been given right of access by the landowner. These are all for half empty residential car parks. I don't go round causing people an inconvenience or trespassing.

 

[Clearcut]

nice troll

who in their right mind pays to park @20:00 in the middle of nowhere?

Bit like burgling a shop and saying 'Who in their right mind would choose to pay at that time of night?'

 

[AndyCr15]

Not really no. Goods don't change price based on the time of day. Value of a car parking spot does.

I work in a busy shop with a small car park. I've had people say 'You can't do anything if I don't pay my fine' so it's good to hear it's not like that any more, I didn't know (our fine is only £25 and is only enforced through the busy time of day).

It does annoy me that some people want to take advantage and are so inconsiderate of others.

Later in the evening I've told people they are free to leave their car overnight if they want, so time of day is a big factor as I see it.

 

[spoffle]

Cool. I'll let you know when that happens to any of the ~10 or so penalty charge notices I've had in the last ~4/5 years.

It doesn't mater how valid my appeal is (they aren't even prepared to accept one according to their letter). It will be rejected by the operator. I will then have to go to IAS for a decision, at which point the parking operator might back off after wasting my time. I'd rather take the 0.001% chance they actually decide to go to court and then win on the day. I'll sleep like a baby until then.



My post clearly relates to legally enforceable penalty charge notices. If bailiffs have started visiting the person's friend, I would guess it has reached the CCJ stage.

Penalty charge and parking charges aren't the same things. Penalty charges can only be issued by the council or police, and just because someone visits it doesn't mean that they're a bailiff.