Euro Car Parks Fine

zom247

zom247

zom247

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Joined
29 Sep 2004
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Wilt of the Shire
Bit of a rant now!! Me and the Mrs parked in a retail car park in Chippenham today at 10 am and left at 1130 am. After we got back home we had to go back out and get some bathroom accessories (having a new one fitted) so we parked in the same car park ( at about 1230) but in a different spot. An hour later when we got back to the car there was a parking ticket on the screen. They have us down as being parked there since 10 am this morning overstaing the 3 hr limit. However, on reading their (tiny) signs it does say no return within 3 hrs but the ticket is ticked in the box for overstating the time limit and not the box for returning within 3 hrs (which would have been correct).

They want £50 for the fine and we can appeal against it. The area is covered by CCTV and our bathroom fitter is a witness to the fact that we came home and then went back out again. Anyone else had dealings with this firm before? As much as I'd like not to pay it the last thing I want is for them to start sending debt collectors letters chasing this up! As usual there are no tel no's on the ticket, just an appeal address which takes up to 28 days.

Rant over! Apart from that, my day has been ok :)
 
The contract they beleive is formed when you park there is between the driver of the vehicle and the carpark contractor, if such a contract even exists (There have been no test cases). The registered keeper of the vehicle is under no legal obligation to reveal the driver of the car to anyone except a police officer or a council appointed official.

No contract exists between the registered keeper and the private carpark operating company.
 
I'll back up the above, I've received a "fine" from them. They'll just send you letters threatening debt collection etc. But after a while they give up because they know they've got nothing.
 
Tell them where to go. Also consider writing to the shops you used and say that due to harrassment from the parking police you wont be using their stores again. Might get them to complain about it too.
 
Thanks, I've found some other stuff on a consumer forum with the same advice - don't pay. The ticket is wrong anyway though cos it states I overstayed my 3 hour limit when I in fact left and returned within 3 hours. Is it worth sending them a letter stating this or just ignoring it? I all for ignoring it but my Mrs is having a squeaky bum and wants to pay it!
 
[TW]Fox;13852220 said:
The registered keeper of the vehicle is under no legal obligation to reveal the driver of the car to anyone except a police officer or a council appointed official.
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But....
zom247 said:
The area is covered by CCTV
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If they've got him on CCTV driving the car isn't that proof enough of who is driving it?
 
jonno.co.uk said:
just pay it
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Don't do this. I have received several "penalties" from private parking companies and have not had to pay any. They rely on scare tactics to fool people into paying. Read up about it over at the consumer action forums, lots of good advice and sample letters to send back if they threaten you.

It is unlawful for them to charge you such an amount. They can only lawfully charge you the amount of revenue they have lost by you overstaying in the space.

The only parking tickets I pay are ones issued by actual traffic wardens and plastic coppers.
 
Street said:
Don't do this. I have received several "penalties" from private parking companies and have not had to pay any. They rely on scare tactics to fool people into paying. Read up about it over at the consumer action forums, lots of good advice and sample letters to send back if they threaten you.

It is unlawful for them to charge you such an amount. They can only lawfully charge you the amount of revenue they have lost by you overstaying in the space.
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I've just been reading about this so I think I'll just wait out until I hear from them. I don't mind paying fines etc but the ticket is wrong.
 
OP, just found a nice template letter:

I have received a parking charge notice under your reference [123456]

To enable me to consider your claim, please advise of the following:

1. What evidence do you hold that shows I was parking in your car park over the allotted time? If you hold documentary evidence please provide copies of the same. As a private car park, any claim you have lies in contract and not in Statute.

I could only be contractually liable if I personally parked a car in the car park. Mere evidence that a car registered to me was parked in your car park does not prove that it was the case that I parked it.

2. What are your charges for parking in your car park? If there are no charges then what are the contractual terms that you (your client) apply in relation to this car park.

3. Please provide me with a copy of any ticket you claim to have issued.

4. Please advise me how it is alleged I have breached any purported contract.

In anticipation of receiving the documents requested above I would make the following comments:

i. As your claim lies in contract it represents a claim for damages for breach of that contract. Your penalty charge of £[??] bears no correlation to the damages you have allegedly incurred.

ii. In light of the damages you have claimed, your claim represents a penalty charge and is consequently not recoverable in contract law.

iii. It is my view that any contractual terms you rely upon to claim your penalty charge are unfair and consequently unenforceable pursuant to the Unfair Terms and Consumer Contracts Regulations 1999 and the Unfair Contract Terms Act 1977.

Please refrain from any further contact regarding this matter unless and until you have answered each of the points above and where appropriate provided copies of the letters referred to.

[If appropriate] I have found your letter distressing and put you on notice that any further attempt to demand monies from me without responding to my reasonable request for information as set out above, will result in my solicitors being instructed to bring proceedings under the Protection from Harassment Act which entitles me to an award of damages together with a non-harassment order. In that event my solicitors will also seek the costs of those proceedings.

Yours faithfully
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http://www.roadsidelawyer.co.uk/private-parking-response-letter-1
 
zom247 said:
I've just been reading about this so I think I'll just wait out until I hear from them. I don't mind paying fines etc but the ticket is wrong.
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Yeh, its best to wait until you hear from them until you do anything. 9 times out of 10 they won't even bother contacting you after the initial ticket. If they do contact you have a read and send them one of the template letters.

Always ask them questions in the letters and never answer theirs, also never admit it was you that had parked the car.
 
I have had several of these, just send a template letter back and the job is done. They will not take it further as they will lose, they rely on people like your mrs just paying up.

For every annoying person like us who wont just take it lying down there are dozens of others who will.

To my knowledge a case like this has never been tested in court, they are too afraid that a loss by them will set a precedent. Instead they act like they have the full backing of the law and scare people who know no better into paying.

As for debt collectors, they cannot chase you for a debt that is being contended. Inform an debt collector of this fact and by law thay have to leave you alone ( assuming the debt is indeed under contention ).
 
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Janesy B said:
They'll send the debt collectors, thats why. Ignoring it would be the stupid thing to do.
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No they can't. They are a private company, they can't just take your belongings, that's theft. They need to take you to court if they wish to fine you, but since it's a free car park, the damages incurred are... £0.00.
 
Longbow said:
No they can't. They are a private company, they can't just take your belongings, that's theft. They need to take you to court if they wish to fine you, but since it's a free car park, the damages incurred are... £0.00.
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I'd rather just deal with it rather than risk having some bonehead at my door after my telly :)
 
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