Parking Fine

LEK-89

LEK-89

LEK-89

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Joined
11 Oct 2008
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2,240
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Leicester
Just had a phone call from my sister at home saying that I had a suspocious worrying letter come through the post for me, I said to her she might as well open it for me and I've had a parking fine come through for £40. I know exactly when it was but the thing is, It was a family dinner we attended and we parked on an Aldi car park which is just round the corner from this resturant. When we first got to the car park the first thing me and my dad did was to make suer that there was nothing on the notice which stated that we could not park there. All it said was that there should never be any obstructive parking or parking in the diabled bays otherwise a fine would occur etc. Anyway we parked there and my dad said not to worry about it.

Anyway I was a bit worried but when we got back to the cars at the end of the night, there was NO notices of any parking violations at all on any of our cars windscreens/windows (family's car was parked next to us too) and so I thought nothing of it afterwards until today when this letter came through, my sister said there was no photographic evidence that came with the letter either. The first thing my dad said was to challenge it as there is no way they could legally fine on us, i presume as well that our other family's car had a fine as well but we still need to contact them to ask them. I'm just looking for a bit of helpful advice really as I'm a noob with all of this lol and the thing I am concerned about the most is getting any point on my licence, and i'm reptty sure that there is no way that it will result in any points? I do remember reading up on a thread on here a month ago with someone else having a fine for parking on a KFC car park, could anyone give me a link for the thread or could someone post there outcome on the story?

Thanks in advance for any help!

Liam
 
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Private parking company, I assume? In that case:
CAG said:
Dear Sirs,

Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

I acknowledge receipt of your captioned letter. It seems that you have got my details from the DVLA and I confirm I am the keeper of the vehicle in question. You need to take this matter up with the driver concerned.

In the meantime I absolutely deny your claim that the amount claimed, or any amount at all, is due to you from me.

Yours faithfully
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More info here.

Don't worry about it. ;)
 
Just to clarify, they need to pursue the driver at the time for any alleged breach of contract (contract meaning the terms of parking). Just because you are the r/k, doesn't mean you was the driver that night. Tell them to go find the driver (who you have no obligation to name). They can't do anything...
 
Yes it looks like a private parking company, something along the lines of Euro blah I can't remember the full name of them, just the Euro part.

EDIT - EuroCar Parks, im 99% sure its them.

Thanks - Liam
 
Yes, I know them... ;) Don't worry about it. It's their responsibility to (1) find the driver concerned and then (2) establish that a contract existed, that the contract was breached, and they incurred damages for which they seek remedy. Basically, it isn't going to happen. They send scare tactics and hope you pay up, which many simply do.

Send the letter, ignore anything else. If they push it, there are further letters you can send to them - see the link I posted earlier. They can't take you to court, can't foul your credit history, employ bailiffs or any of the other things they might threaten in the short-term. If in doubt seek legal advice (I am not a lawyer).

Once they see that you're not going to roll over and pay up some easy money, they'll move onto the next, perhaps more willing, victim.
 
Thanks for your advice Rainmaker :) Yeah but how do I explain to them that I was not the driver? Surely though because they have got my details of being the r/k of the car that must tell them it was deffo me who was driving? So basically the best thing to do is just to ignore the letters? Is it correct as well that if they have not got a court order for you to pay the fine then there is nothing they can legally force you to do?

Thanks - Liam
 
I heard the official advice (or at least someone said) from the CAB is to pay then get it back through small claims...
 
I had a way of getting out of a ticket once........

I basically ignored the letters, so they got someone to call saying that they were going to send bailiffs if we didn't pay, my mums response was "Go for it, he now lives in France so he wont be here" after that we heard nothing :D smiles all round
 
LEK-89 said:
Surely though because they have got my details of being the r/k of the car that must tell them it was deffo me who was driving?

Thanks - Liam
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No because other people than the R/K can drive a vehicle as long as they're insured.
 
PiKe said:
No because other people than the R/K can drive a vehicle as long as they're insured.
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But can they find out from the insurance companies who is insured on the car? Or are insurance companies not allowed to give out that information?

Liam
 
LEK-89 said:
But can they find out from the insurance companies who is insured on the car? Or are insurance companies not allowed to give out that information?

Liam
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Quick call to your insurance company there to double check me thinks, i'm pretty sure there must be some confidentiality act ??
 
Every insurance certificate I've ever had states that I am able to drive other cars 3rd party only. No car, other than my own, specifically mentioned.
 
E1T5Y said:
Quick call to your insurance company there to double check me thinks, i'm pretty sure there must be some confidentiality act ??
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That's what I thought, surely insurance companies cannot legally release this sort of information?

Liam
 
LEK-89 said:
But can they find out from the insurance companies who is insured on the car? Or are insurance companies not allowed to give out that information?

Liam
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I could drive your car on my insurance and I dont even know you! Albeit 3rd party fire and theft and if you let me ;)

Im sure thats right!
 
johntmanic said:
I could drive your car on my insurance and I dont even know you! Albeit 3rd party fire and theft and if you let me ;)

Im sure thats right!
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That is correct (dependent on your insurance company) however, i know some are now taking it off of their policies so best to double check :)
 
Anyone with comprehensive cover for at least 3 years is allowed to drive other vehicles but they are limited to 3rd party cover.

Your under no obligation to provide details of who was driving so all you have to say is that it wasn't me. Its up to them to prove that it was.
 
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