Parked in a disabled bay

[dracs]

hi, I'm currently fighting with Vinci Park services over parking in a disabled bay in a PCC in Milton Keynes. The disabled bay was poorly signposted in my opinion. On entering the bay it didn't have the stick figure in the wheelchair drawn in the middle of the bay and the bay was in white. In other disabled spaces I've researched they always seem to be yellow. The legend DISABLED was written again in white but it wasn't obvious when I drove into the bay. On leaving the car the first signpost read as a regular pay and display sign and I duly bought a ticket. The disabled sign was much smaller and on the left hand side of the left bay. I was in the right bay and in a right hand car so it was never in my line of sight and after I'd seen the first sign I'd figured it was a regular bay.

 

After some letters I thought this had been put to bed but after 3-4 months they've written again asking for payment. I've read most of the pages here regarding the right to park falls under contract law and its there duty to provide clear and unambiguous signs. I wanted the advice of you all to see if this went to court whether they or I'd have a leg to stand on.

 

I was about to pay as its all becoming stressful with threats of debt collectors as I really can’t afford the costs to esclate, but then I read on here they are not backed up law so I have sent then one of the template letters saying I've done some research and what statute/jurisdiction allows you to ask for payment.

 

So do I keep fighting? Or is there a chance they would win in court?

 

Top forum by the way

[MrShed]

To my knowledge, ALL of the following need to be true:

 

- There needs to have been a clear contract entered into, which is done by ample signposting.

- This needs to SPECIFICALLY state that parking in a disabled bay is a breach of contract.

- There needs to be an explicit statement of the fine incurred should such a breach occur.

- This fine NEEDS to be a true reflection of their costs.

- In order to know whether you are breaching contract or not, the disabled bay has to be clearly signposted.

 

No idea whether the last point applies in your case as we havent seen it. Needless to say, I doubt any of the rest do.

 

I would send a simple and fairly short letter to them, asking them to prove the contract existed, prove the breach of contract, and prove that the fine is a reflection of their costs incurred due to the breach. State that until they do such, you cannot discuss the matter with them any further, and if they cannot prove it you expect them to drop the matter with immediate effect.

 

Sit back, ignore all further letters.

[Mossycat]

Disabled bays on private land have no significance and as such you cannot be 'fined' (for that read have money extorted from you) by a private parking company.

 

If you bought a ticket then I'd ignore anything they send you and don't worry about bailiffs (that comes IF they take you to court and IF they win which is highly unlikely)

 

Mossy

[lamma]

Vinci - safely ignore in my experience.

[dracs]

thanks all, I'll continue the fight then

[safepark]

I have done the same with another company. I have totally ignored three letters with the monetary demand inreasing with each letter.

Now it has been referred to a debt collecting agency giving me 14 days to pay.

It states that if i dont pay within 14 days the amount and details of the circumstances will be registered with all the leading Credit Reference Agencies. A judgement will be applied for, and this will appear as a default on my credit hiostory which will affect your ability to obtain credit in the future. We may also arrange for a Collection Agent to call at the registered keepers address to settle the outstanding account. Any subsequent visit/letter will attract an admin charge of £25 which will be added to the outstandiing amount.

IT IS IN YOUR INTEREST TO DEAL WITH THIS CASE IMMEDIATELY

 

 

Ok whats my next move here??

[dracs]

I think your case deserves a new thread

[Rob S]

It states that if i dont pay within 14 days the amount and details of the circumstances will be registered with all the leading Credit Reference Agencies.

 

And what authority do they have to do that? Absolutely none.You haven't signed a credit agreement of any sort with them and you haven't made any agreement to abide by any contract of theirs, so if they try and place information with the credit reference agencies at this stage they will be breaching the Data Protection Act.

 

 

A judgement will be applied for, and this will appear as a default on my credit hiostory which will affect your ability to obtain credit in the future.

 

It will only affect a persons credit history if they take the case to county court and get a judgement in their favour. Until such time as this happens they are just blustering.

 

 

We may also arrange for a Collection Agent to call at the registered keepers address to settle the outstanding account. Any subsequent visit/letter will attract an admin charge of £25 which will be added to the outstandiing amount.

IT IS IN YOUR INTEREST TO DEAL WITH THIS CASE IMMEDIATELY

 

Let them send their agents around but they have no power of entry and no legal right to even visit. They can be told to go away. The admin charges are also unenforceable penalties.

[lamma]

which DCA is this ? they are lying through their teeth so I suspect it just a fake DCA as used by so many PPCs. their letter is laughable when you know the reality of the situation.

[crem]

I have done the same with another company. I have totally ignored three letters with the monetary demand inreasing with each letter.

Now it has been referred to a debt collecting agency giving me 14 days to pay.

It states that if i dont pay within 14 days the amount and details of the circumstances will be registered with all the leading Credit Reference Agencies. A judgement will be applied for, and this will appear as a default on my credit hiostory which will affect your ability to obtain credit in the future. We may also arrange for a Collection Agent to call at the registered keepers address to settle the outstanding account. Any subsequent visit/letter will attract an admin charge of £25 which will be added to the outstandiing amount.

IT IS IN YOUR INTEREST TO DEAL WITH THIS CASE IMMEDIATELY

 

 

Ok whats my next move here??

 

With so many lies and damned lies in their last letter I would think the safest action for you would be to now demand they proceed to court. It will make interesting reading in court when you present this letter to a magistrate.

[safepark]

Oh the funniest thing is that i have just google earthed the Debt Collectors address and its a semi detachaed house in sunny Birmingham!! This is a LTD company that TESCO uses nationally to recover alleged debt raised from 'inconsiderate parking' fines. Absolute joke, but how do i shake these ass biters.

Ignore or respond with a cease and desist type letter? that is the question!!