Parking fines by non-council companies. Do you HAVE to pay them?

Spuddy · 22 Feb 2015 at 20:15

I was under the impression that if the parking fine received on private land was not issued by the council then it was not obligatory to be paid. They couldn't make you pay it, it was only a sort of suggestion. Anyways I got one at Hull University, usually have to go in the pay and display but on this instance it was full (bit of a cheek anyways that I pay £9k a year and still have to pay £2 a day parking.) and returned to my car to find a notice on the windscreen from Shield Security who operate the car parks and general security there.

Fast forward to yesterday and I receive this letter through the door. Demanding I now pay them £99, up from the original £45. Now Im worried I gotta pay this £99, as before I was lead to believe I didn't have to.

spoffle · 22 Feb 2015 at 20:23

Well, to take it to court they have to be able to demonstrate that the amount they are asking you for, is an amount that you have cost them.

A lot of people will start saying "you can no longer ignore them, the law's changed" however it's actually changed for the better if you really look in to it.

So now that they have to actually prove that you've cost them the amount they claim, or rather they can only ask for an amount they can demonstrate you've cost them, there's no risk in ignoring them.

It says it all in the letter really. It "may" incur further charges and it "may" result in court action. So simple put, bin it and don't worry. If you feel that you have to contact them, then I would offer them the amount that it costs to park for however long you were there and be firm in that you're not going to offer anything more.

geekman · 22 Feb 2015 at 20:27

No, you don't have to pay, but equally you shouldn't ignore it. There are various avenues of appeal you can take - best bet is to sign up to fightback forums, post it up there and see what they say.

However, before you appeal, you need to consider what the university is going to do about this. Whilst it's legally unenforceable, that doesn't mean the university can't take action of their own against you. In extreme cases, I've heard of students being threatened with expulsion from the university due to unpaid fines.

It all depends on how seriously your university takes these things - mine for instance employs a man to drive around in a golf buggy who appears to do nothing at all other than give you nasty looks.

Kenai · 22 Feb 2015 at 20:37

Would this fall under the category of a debt to the university? As in such a case you could be prevented from graduating, which would be daft for the sake of a cost of a fine. I don't think I would fancy taking my chances and risking my degree on the validity of a parking fine. As geekman points out, legal and how your uni react may not be entirely the same thing.

A2Z · 22 Feb 2015 at 20:39

http://www.bbc.co.uk/news/uk-31545417

Explains it pretty well.

Tee Hee Johnson · 22 Feb 2015 at 21:02

Kenai said:
Would this fall under the category of a debt to the university? As in such a case you could be prevented from graduating, which would be daft for the sake of a cost of a fine. I don't think I would fancy taking my chances and risking my degree on the validity of a parking fine. As geekman points out, legal and how your uni react may not be entirely the same thing.

That is becoming very common, this would be my worry.

Even if not legal, if they have ties to the Uni then they might be a but funny come graduation time!

ci_newman · 22 Feb 2015 at 21:05

As above, if the car park is affiliated with your Uni then I wouldn't risk it

zain · 22 Feb 2015 at 22:49

At my uni they would put an a4 size sticker on the window that you had to scrape to get off.

I saw one guy using his key to scrape it off.

The Uni had a small van one guy with a radio while CCTV watches and tells him where to go if someones parked against the rules.

Spuddy · 22 Feb 2015 at 23:09

Thanks for all the replies guys, sorry I should have mentioned more clearly in my first post. I usually go in the pay and display car park. But as it was full I parked in the car park next door, which was largely empty and I STILL bought a pay and display ticket and put it in my window.

Dolph · 23 Feb 2015 at 08:23

We should get a definitive answer soon.

http://www.dailymail.co.uk/news/art...exceeding-two-hour-stay-disproportionate.html

I have my doubts that they will win, it would effectively render the right to manage who can leave their car on your property completely unenforceable and relies on the same flawed logic that the courts shot down in the bank overdraft fees case, but will be interesting to watch.

Scania · 23 Feb 2015 at 09:38

I had a private parking notice just before Christmas, so, I sent them payment for the hour that I overstayed by and said if they disagreed with this then I would see them in court to see how they justified any loss my overstay and subsequent reimbursement has caused them.

No reply as of yet, I wonder why?

sityeuropa · 23 Feb 2015 at 09:48

I've had about 20, not replied to a single one.

My advice is to ignore at all costs.

skaif · 23 Feb 2015 at 09:56

Hey buddy, have a look at this
http://forums.moneysavingexpert.com/showthread.php?t=4816822

I got a fine from a Lidl car park and just followed the instructions there. Fine was rescinded within 2 days!
If it doesn't make sense let me know or make a thread in their forums. Some really helpful guys on there! HTH

lemonade · 23 Feb 2015 at 11:22

Did you not pay at all or just overstayed your time? I think it's a bit of "taking liberties" for people who don't pay for a pay for parking space.

Steve2000 · 23 Feb 2015 at 11:42

lemonade said:
Did you not pay at all or just overstayed your time? I think it's a bit of "taking liberties" for people who don't pay for a pay for parking space.

This. I can sympathise with people who were a few minutes over their stay but people who turn up and not bother paying or park over two spaces etc deserve all they get.

Spuddy · 24 Feb 2015 at 16:21

lemonade said:
Did you not pay at all or just overstayed your time? I think it's a bit of "taking liberties" for people who don't pay for a pay for parking space.

Steve2000 said:
This. I can sympathise with people who were a few minutes over their stay but people who turn up and not bother paying or park over two spaces etc deserve all they get.

I did pay for the parking space, I stayed within my time limit. Only difference was there were no bays in the pay n display car park, so used the much larger (and almost completely empty) car park next to it, literally 10ft away if that, separated by a grass verge.

iaind · 24 Feb 2015 at 16:24

Remember the "ignore anything non council" thinking stemmed back from the days when wheel clamping on private land was legal. When that was made illegal, parking enforcement companies were given more powers so it's not as clear cut. You might get away with ignoring them but if they do decide to take you to court then there's a good chance you'll end up out of pocket.

I parked at a service station in the back of a car park because I was getting a lift with a colleague somewhere and it was an easy place to meet. It was really early and dark so I hadn't clocked the signs (they were visible, I was just being dopey at 5am). When I got back I realised I hadn't paid but couldn't do much about it then. Several *months* later I get a letter through the door with ANPR pictures of my car, saying that I had ignored their first 2 warnings and they had added an "administration fee"

I sent them an email saying that they hadn't sent me the first 2 notices and that I was refusing to pay the elevated charge. I said I would pay the discounted charge which I would have been initially offered, as it was a genuine mistake. I got a reply back saying they had written it off completely.

So - if there's anything about the circumstances which isnt right then by all means appeal. If you overstayed by a few minutes then appeal on the grounds of fairness, you might be surprised. As soon as you appeal then the whole thing is put on hold until an outcome is decided, if the appeal casts any doubt about their case then they'll probably just scrap it.

But if you just didnt bother to pay then you should probably just suck it up

spoffle · 24 Feb 2015 at 19:28

iaind said:
Remember the "ignore anything non council" thinking stemmed back from the days when wheel clamping on private land was legal. When that was made illegal, parking enforcement companies were given more powers so it's not as clear cut. You might get away with ignoring them but if they do decide to take you to court then there's a good chance you'll end up out of pocket.

Except that they can only request an amount that they can demonstrate they've lost due to your actions. So they don't bother taking it to court.

Haggisman · 24 Feb 2015 at 23:37

Spuddy said:
Thanks for all the replies guys, sorry I should have mentioned more clearly in my first post. I usually go in the pay and display car park. But as it was full I parked in the car park next door, which was largely empty and I STILL bought a pay and display ticket and put it in my window.

In which case I doubt they have a leg to stand on. Do you still have the ticket? Either ignore, or request evidence of how they've arrived at that £99 figure for their "loss"

Bat · 25 Feb 2015 at 11:14

I'd suggest you head over here:
http://forums.pepipoo.com/

Is there no info on how to appeal the charge on the letter?

General guidance is don't identify the driver. Wait for the Notice To Keeper, and have the registered keeper appeal. Generally these appeals are rejected, but the keeper can then appeal to an independent appeals body, and win with guidance on grounds for appeal (not a genuine loss as mentioned above).