Parking fine

PikeyPriest · 31 Jan 2011 at 20:55

Found a PCN on my car next to my block of flat today. There is a permit scheme (free), but it needs renewal every 2-4 weeks and hasn't been enforced since August. Basically I know its worthless in terms of being enforcable and i can pickup a free pass tomorrow. BUT as i live here, my only concern is that they turn up a different day and clamp my car for a previous unpaid ticket. My thinking would be that a disputed PCN could not be legally enforced through clamping a car with a valid permit at a later date, but I`m not a lawyer/solicitor.

Any advice would be helpful, the flats are hospital accomodation and there are about 30 of us who got fines today

*edit* Its from a company called wheelclamping.co.uk, so definitely not council

ScarySquirrel · 31 Jan 2011 at 20:59

Personally I'd ignore it.

mattyfez · 31 Jan 2011 at 21:10

1. Ignore it

2. Refer to point 1.

3. It's unenforcable, refer to point 2.

Don't call them, don't speak to them.

Meatball · 31 Jan 2011 at 21:14

Ignore it and advise neighbours accordingly.

mattyfez · 31 Jan 2011 at 21:36

Might be worth noting any other residents of flats have been victimised in this manner before, speak to your neighbours and see if they have also been victimised. Quite often it is a housing committee who appoint the crooks on the first place.

typk · 31 Jan 2011 at 21:37

I'm not trying to take over this thread but I have a related question.

Remembering back along has private clamping/towing become illegal in England as of last November or did that not go through?

I was just wondering personally, as I parked on campus at UWE Bristol in one of the massive parking lots. I got a ticket at 5am of all times from a private company. It said if I ignored the payment, next time they see my car on UWE property they will clamp or even tow it. Is this legal or as soon as I call the police will they remove it?

I paid it in the end because I didn't want to get clamped next time I drive up to see my girlfriend, what do you guys think?

Ticket was only £20 so its no big deal.

mattyfez · 31 Jan 2011 at 21:41

I think you got had.

ShadowMan · 1 Feb 2011 at 06:35

Private Parking Companies cannot immobilise your car over previously unpaid invoices if you are currently parked within the terms of the car park you are in. 1 phone call to the police stating your car has been immobilised without your consent whilst parked within the terms would have it removed and if they choose to tow you then its theft of a motor vehicle.

PPC's do not issue "fines", they issues invoices. It is up to you if you wish to pay them but for them ever to have a chance of chasing you through court they need to prove the following :

a) You were the driver (No legal obligation to inform them who was driving at any time as they are not the police or council)
b) You agreed to the prescribed terms of their contact of parking and had full prior warning of all terms and conditions applied.

If they can prove the above they can take you to court for their ACTUAL losses from breach of contract and may not impose penalties. These actual losses will at most be for the amount required to park in that area for the amount of time you were parked. They cannot add court costs to their claim.

The chances of any PPC taking anyone to court are very slim. It is true they have won a few cases but 99.9% of the time this is due to default when the defendant did not turn up or replied to the invoices trying to fight their case and basically admitted to everything.

Advice for non-council/police PCN's.

A)Ignore
B)Do not reply to any letter
C)See A).