Private Parking Tickets - General discussion points

[DBC]

Received, a month ago, an invoice from ParkingEye. Responded with the very polite aknowledgement of being the keeper, please take this up with the driver and I don't owe you anything letter. Next came the photographs and today two letters from them - first one the final demand and the second one acknowledging my letter as an appeal?? saying that as I had not identified the driver the invoice remains my responsibility. It then goes on to state that: " Judge Ackroyd 2008 Oldham Court, Combined Parking Solutions v Mr Stephen Thomas, in the case where Mr Thomas claimed not to be the driver but did not state who was,, ruled that on the balance of probability he was the driver and ordered the charge to be paid plus additional court costs. Therefore your options are either pay the outstanding charge or inform us who was the driver so that we can pass the responsibility of the Parking Charge onto them. " Any comments?

 

A well known case. As usual they only tell half of the story. Mr. Thomas ( who may or may not have been a PPC stooge) logged onto a parking forum and openly boasted that he was the driver and that he had parked in the car-park several times. So that's a lot different to not telling the PPC the identity of the driver and not disclosing that information on public forums. And not the date. That was over two years ago and there have not been any cases since.

[Conniff]

Bridge Vs Campbell Discount Co. Ltd (1962)

Therefore where there is a term in a contract that is a penalty it can not be enforceable.

 

Murray Vs Leisureplay (2005) EWCA Civ 963

English contract law recognises that, if the parties agree that a party in breach of contract shall pay an unjustifiable amount in the event of a breach of contract, their agreement is to that extent unenforceable

 

 

In the case of Dunlop Pneumatic Tyre Co. Ltd. v New Garage & Motor Co. Ltd. [1915] A.C. 79 at 86., it was noted that a clause is penal if it provides for “a payment of money stipulated as in terrorem of the offending party”, (i.e. a payment of a sum of money intended to frighten or intimidate the offending party).

 

They also say that the case they quoted is a new 'precedent', it is not as precedents are set in the high court and not in magistrate or crown courts.

Edited February 9, 2011 by Conniff

[bonniann]

I am frankly quite amazed at the amount of advice and help available on this subject. If these companies are so widely recognized as being exploitative and having poor legal basis for their claims, why are so many people still being taken in? Why aren't the police, CPS and Trading Standards Office doing anything to stop these disreputable practices?

[Al27]

Because the government get £2.50 for each address they sell.

 

They are happy to let it continue.

[FCC]

Thanks for the comments, I suspected that you would bring forth some valuable insights into their assertions. Re-visited the site last night and there is no signage at the entrance to indicate it is a private car park, their 1 hour parking signs are approx 10 foot up a pole in 4 locations around the car park but given that it was sheeting down with rain and blowing a " hooley" the signs would not have been visible to anyone using the car park. Surprisingly, the sign that was in front of the disabled parking space that I used has disappeared ( the only wording visible through the rain soaked windscreen read 1 hour parking for disabled customers of Aldi and I left the parking bay after 59 minutes and moved to the far, and empty, end of the car park thinking that this was a council carpark and was thus entitled to park free of charge ). I await th threatening letter from their legal department, that will be Doris who sits on the other side of the room. regards

[ormiston]

Had a letter from Debt Recovery Plus :Ltd, anybody heard from this lot? It was for parking in a retail park in a disabled spot - with the requisite Blue Badge - during an evening visit to the pictures. I (stupidly, probably) telephoned them to point out that I had written to the original parking company several weeks ago to point out that I was disputing the charge. The Debt Recovery female replied that unless I had replied to the charge within 14 days any notice of dispute would not be forwarded and therefore I could do nothing and the charge - now amounting to £148.99! - must be paid. I asked why this applied to a disabled space and was told the the Blue Badge scheme did not apply to private car parks. Why therefore are the disabled spaces clearly marked as normal???? And I was not (probably like the rest of the community) aware that the local retail park was private land, have not seen any sign to say so. Advice please? Am tempted to bin the paperwork...

[SURFBOY]

Ignore them, you have done nothing wrong.

[dx100uk]

Why therefore are the disabled spaces clearly marked as normal???? ............

 

ANY marking on the roads on private land are grafitti!

 

they have no staute in law.

 

dx

[Homer67]

Received, a month ago, an invoice from ParkingEye. Responded with the very polite aknowledgement of being the keeper, please take this up with the driver and I don't owe you anything letter. Next came the photographs and today two letters from them - first one the final demand and the second one acknowledging my letter as an appeal?? saying that as I had not identified the driver the invoice remains my responsibility. It then goes on to state that: " Judge Ackroyd 2008 Oldham Court, Combined Parking Solutions v Mr Stephen Thomas, in the case where Mr Thomas claimed not to be the driver but did not state who was,, ruled that on the balance of probability he was the driver and ordered the charge to be paid plus additional court costs. Therefore your options are either pay the outstanding charge or inform us who was the driver so that we can pass the responsibility of the Parking Charge onto them. " Any comments?

 

I had the same ticket and responded the same way to ParkingEye, had exactly the same letters as you and then heard nothing, they are toothless and they know it

[esmerobbo]

Advice please? Am tempted to bin the paperwork...

 

Best plan simply ignore them!

[esmerobbo]

Thanks for the comments, I suspected that you would bring forth some valuable insights into their assertions. Re-visited the site last night and there is no signage at the entrance to indicate it is a private car park, their 1 hour parking signs are approx 10 foot up a pole in 4 locations around the car park but given that it was sheeting down with rain and blowing a " hooley" the signs would not have been visible to anyone using the car park. Surprisingly, the sign that was in front of the disabled parking space that I used has disappeared ( the only wording visible through the rain soaked windscreen read 1 hour parking for disabled customers of Aldi and I left the parking bay after 59 minutes and moved to the far, and empty, end of the car park thinking that this was a council carpark and was thus entitled to park free of charge ). I await th threatening letter from their legal department, that will be Doris who sits on the other side of the room. regards

 

Parking Spy can easily be ignored they bark a lot but have no bite!

[wackyone]

heres a thought

 

why not pay their monopoly fine with monopoly money:lol:

[hhh_88873]

Im going to make an admission. I used to have to issue these notices on private land at the place where I used to work. I was the one putting the tickets out, and they then would be sent to another company to pursue payment. I woulld always attempt to tell drivers to move their cars rather than ticket them, but in all the time I was there, unless the driver paid up without a wimper, they never EVER took anyone to court to recover money. they all rely on bully boy tactics and threatening quasi-legal letters with threatening fonts and formats. Never ever pay up with out challenging when its on private land its a private company trying to frighten you!!

[letshelp]

Why would anyone want to waste their time and money challenging the ticket, when ignore makes your point even better.

regards

[asmodeus]

FCC - Parking Eye are easily ignored and do not do court. Just the usual threatograms hoping you will fall for it and believe it is real 'fine' and that their will be dire consequences if you fail to pay them

 

It is NOT a fine and is just an invoice and this little scheme has seen the customers of at least one supermarket set up their own website to help enlighten people so they to do get get caught out and if you want to look google 'morrisons reigate parking eye'

 

PPC's are becoming a growth industry with just about every private shopping car park infested with them with their silly little rules designed to catch out as many people as possible. The sad fact is that a number will fall for the 'scheme' (not allowed to use the more correct 's' word) and so the PPC stays in business

 

Warn everyone you know about this to deprive them (PPC's) of their illgotten gains

[diamond4rosty2]

update on ticket i got last september, not had any more letters since end of november, i parked on moorgate in bury again today and walked off the carpark even though i saw the parking attendent walking round putting stickers on cars, when i came back i did'nt have a ticket, i was so looking forward to getting one aswell, as i waited in my car eating chips i watched the parking attendent put a sticker on another car, them wanderd off within 5 minutes the owners of the car came back and saw the ticket, so i told them about not paying and its a [problem] and were to get help about not paying it, there were very appreciative off the good news, spread the word of these ****** cowboys.

[devsen]

update on ticket i got last september, not had any more letters since end of november, i parked on moorgate in bury again today and walked off the carpark even though i saw the parking attendent walking round putting stickers on cars, when i came back i did'nt have a ticket, i was so looking forward to getting one aswell, as i waited in my car eating chips i watched the parking attendent put a sticker on another car, them wanderd off within 5 minutes the owners of the car came back and saw the ticket, so i told them about not paying and its a [problem] and were to get help about not paying it, there were very appreciative off the good news, spread the word of these ****** cowboys.

Brilliant the more of us who do this the better...have u complained to the store or organisation on whose behalf the PPC operates?

[Nev Met]

I've read somewhere on these forums an extract from an internal memo from the BPA to it's members saying words to the effect of "Due to new consumer legislation we are advising our members to only persue the drivers and not the RK for the time being" (or words to the effect of)........can anyone point me at it please?

[dx100uk]

make no odds

 

the BPA are only their trade body anyhow so what they ay is CRAP.

 

dx

[Nev Met]

make no odds

 

the BPA are only their trade body anyhow so what they ay is CRAP.

 

dx

 

Thanks for that........However, as far as the DVLA are concerned the BPA are virtuous knights in shining armour and so what the BPA say (as far as the DVLA is concerned) is the word of God

 

It's really important that I find this reference so here's the request again,

 

I've read somewhere on these forums an extract from an internal memo from the BPA to it's members saying words to the effect of "Due to new consumer legislation we are advising our members to only persue the drivers and not the RK for the time being" (or words to the effect of)........can anyone point me at it please?

[Al27]

Thanks for that........However, as far as the DVLA are concerned the BPA are virtuous knights in shining armour and so what the BPA say (as far as the DVLA is concerned) is the word of God

 

Or a cash cow to be milked!

[spikes62]

Step 1 ignore

step 2 ignore again

step 3 ignore some more

step 4 laugh oh and ignore.

step 5 laugh but donot spill your cuppa

 

All of the above are civil matters that is why they WONT take you to court and cant force you to pay. Why bother taking the time to write to them when ignoreing is much easier. Mt daughter has collected around 350 PPC, she is in the police, they all park on private land run by these cowboys, they all get daily PPC. and then goto step 1 above. she has

 

contacted them = Zero

paid them = Zero

been to court = Zero

 

They pay DVLA £2.50 every time to get your vehicles owner name and address, so park all you like and cost them money, but always with private firms got step 1 and dont waste yr time contacting them, once you do they think they have you and up the threats, make a cuppa , turn on the telly, feet up and think of step 1. EASY

[dx100uk]

this thread has now been closed as it is becoming very big and slow to load

 

please start your own thread by hitting the new thread button after hitting the forum name up the top.

 

dx

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