Parking Charge Notice

godinman · 18 Jan 2011 at 20:14

Thanks for the replies guys, shall stick Irving a drawer and forget about it.

Mon · 19 Jan 2011 at 01:30

Lum said:
Contract law states, as Telescopi alludes to, that any penalty clauses must be fair and resonable to cover costs incurred. In the case of overstaying half an hour that would be about 50p, unless she was parking in Central London or something.

Any demands for £100 in court would therefore be thrown out.

Just wondering what they would do if you mentioned this and offered them a cheque of £1 as a settlement.. lol would be interested in what they reply with.

ps if you do this you will most likely get yet more mail from the company.

Lum · 19 Jan 2011 at 02:14

That means you admit to being the driver which means they would at least have something to take you to court over. ie. more hassle.

If they do identify the driver by other means and take you to court, which they wont be able to do. That is when you offer them a quid as an out of court settlement for reasonable costs of your infringement.

Rotty · 19 Jan 2011 at 09:31

Lum said:
Contract law states, as Telescopi alludes to, that any penalty clauses must be fair and resonable to cover costs incurred. In the case of overstaying half an hour that would be about 50p, unless she was parking in Central London or something.

Any demands for £100 in court would therefore be thrown out.

and I would imagine that if the car prk wasn't 100% full then the costs are zero

Wicksta · 19 Jan 2011 at 11:01

GingerNinja1989 said:
Why??

He says it was quiet. Quite often if I'm parking somewhere quiet I will go over two bays - for some reason no matter how far, remote and empty it is where I park I always get someone parking next to me so to avoid having doors opened on my car I do this. I normally park with the drivers side slightly over the next bay.

I'd never do it in an even mildly busy car park though, someone is bound to key the car.

mattyfez · 19 Jan 2011 at 13:03

Rotty said:
and I would imagine that if the car prk wasn't 100% full then the costs are zero

It doesn't matter how full the car park is.

Hypothetically speaking, if you admit to breach of contract, not that you would as it's incredibly hard to proove in this context, you would be liable to pay whatever the charge is, 30 quid or whatever. If they then increase the charge to a hundred quid, they would need to justify it, in terms of direct expence you have cost them. which is impossible.

Rotty · 19 Jan 2011 at 17:13

mattyfez said:
It doesn't matter how full the car park is.

Hypothetically speaking, if you admit to breach of contract, not that you would as it's incredibly hard to proove in this context, you would be liable to pay whatever the charge is, 30 quid or whatever. If they then increase the charge to a hundred quid, they would need to justify it, in terms of direct expence you have cost them. which is impossible.

I want referring to admitting it,I was talking of them suing for trespass and loss

Lum · 19 Jan 2011 at 17:22

mattyfez said:
It doesn't matter how full the car park is.

Hypothetically speaking, if you admit to breach of contract, not that you would as it's incredibly hard to proove in this context, you would be liable to pay whatever the charge is, 30 quid or whatever. If they then increase the charge to a hundred quid, they would need to justify it, in terms of direct expence you have cost them. which is impossible.

The 30 quid is a penalty clause in a contract. There are specific laws about what penalty clauses are valid. They have to relate to actual costs, not be purely punitive.

So unless it cost them 30 quid to put a sticker on the car, it's unlikely to hold water.

Beerbaron · 19 Jan 2011 at 17:26

Lum said:
Contract law states, as Telescopi alludes to, that any penalty clauses must be fair and resonable to cover costs incurred. In the case of overstaying half an hour that would be about 50p, unless she was parking in Central London or something.

Any demands for £100 in court would therefore be thrown out.

surely their costs incurred would the fee to park plus their solicitors fees?

Semple · 19 Jan 2011 at 17:30

I thought it was illegal in the UK now??

The only people who can clamp/ticket your car is the council or the police

Beerbaron · 19 Jan 2011 at 17:36

the ban was on clampers on private land

Lum · 19 Jan 2011 at 18:10

Beerbaron said:
surely their costs incurred would the fee to park plus their solicitors fees?

But they invoice before solicitors get involved?

dave_beast · 19 Jan 2011 at 18:53

Bin it, or for fun post it back to them "Not known at this address" etc

shauncr91 · 9 Mar 2011 at 16:26

Bit of an update on the situation.

Got a reminder of the notice a couple of weeks ago saying that the fee had been raised to £120 due to failure to pay and got the usual threats to be taken to court, this letter too was ignored.

Recieved another notice today marked "FINAL DEMAND PRIOR TO COURT ACTION", needless to say that even though they are trying to be intimidating by throwing in words such as "baliff" and "debt collectors", it's going to be simply filed away with the other reminder, they are also saying that the fee of £120 fine, £30 court cost and £50 solicitors fee will be pursued. Bit of more research on Google seems to throw up that these letters are the norm from Vehicle Control Services.

I'll update if anything else comes up.

Liquidfox · 9 Mar 2011 at 20:06

They still have to prove who was driving at the time, they're assuming it is the registered keeper. That's the final defence which they will fall over miserably.

mattyfez · 10 Mar 2011 at 05:15

Beerbaron said:
surely their costs incurred would the fee to park plus their solicitors fees?

You can't claim legal expenses in a small claims case

Op - the 'final demand' is completely standard..

Gaygle · 10 Mar 2011 at 10:58

Nothing to worry about. They're just playing the standard game at the moment.

booyaka · 10 Mar 2011 at 13:46

shauncr91 said:
Bit of an update on the situation.

Got a reminder of the notice a couple of weeks ago saying that the fee had been raised to £120 due to failure to pay and got the usual threats to be taken to court, this letter too was ignored.

Recieved another notice today marked "FINAL DEMAND PRIOR TO COURT ACTION", needless to say that even though they are trying to be intimidating by throwing in words such as "baliff" and "debt collectors", it's going to be simply filed away with the other reminder, they are also saying that the fee of £120 fine, £30 court cost and £50 solicitors fee will be pursued. Bit of more research on Google seems to throw up that these letters are the norm from Vehicle Control Services.

I'll update if anything else comes up.

same here - got my FINAL DEMAND notice from "Parking Eye" regards a "parking offence" at a motorway service station about 4 weeks ago. Missus was freaking out till i directed her to numerous threads online etc about just ignoring it!

Off to the bin it went!

Deleted member 66701 · 10 Mar 2011 at 15:22

I normally park with the drivers side slightly over the next bay.

Hehe - I make it a sport when I go shopping in my smoker to park as close as possible when I see a car parked like yours. I've been known to climb out the rear doors on occasion :-)

Yes, I am a ****

Dolph · 10 Mar 2011 at 15:24

I long for the day when these companies are properly regulated, it would provide benefits all around...

Parking Charge Notice

Deleted member 66701

Deleted member 66701