Private PCN - should I pay

[csm2409]

Hello all I'm new to this forum & have a problem which I am hoping someone can help me with

can you offer me some accurate advice please

I received a PCN for parking in Aldi whilst driving my sons car. This is the info:

 

Registered keeper - my son, who did not commit the alleged offence & in fact he was on holiday abroad at the time so should be no problem in proving he did not commit the offence

 

There is a sign in the car park stating maximum stay 2 hours & no return within 4 hours, also displays fine price of £70 - no excuses here I just didn't read it, I thought it was just stating for Aldi customers only.

I did go in the store first to buy some food items & then nipped across the raod (town area) & probably ended up being longer than intended....it states entered at 12.01 & departed 15.06y

 

It offers a reduced fee of £40 if pay within 10 days

 

I have read that these people do not have any legal right to issue fines & of course the fine is adressed to my son but he was not the driver. This sort of thing really gets me annoyed but I am just worried on backlash for my son & don't want to get him into trouble.

 

Urgent advice needed

Many thanks

[Michael Browne]

Parking Eye? no matter who the PPC is you can safely ignore. Expect further evermore threatening letters - ignore those too. Eventually they will give up.

[rebel11]

Thread moved.

[dx100uk]

ignore

 

dx

[honeybee13]

Expect a series of increasingly desperate letters though, threatening court or debt collectors.

 

Have a read around the forum and you'll get an idea of how they all operate.

 

My best, HB

[csm2409]

Yes it is ParkingEye. Do they actually go as far as issuing Court Proceedings....or send round Bailiffs. My main concern is hassling letters to my son. I know the general consensu is 'ignore'...but would you at least think it a good idea for my son to reply, stating that he may be the registered keeper but he was not the driver & he was not even in the country on the date of the incident & that this can be proven....just wondered if it would 'nip it in the bud'...in the hope that they just think it's not worth persuing ???

[Michael Browne]

Yes it is ParkingEye. Do they actually go as far as issuing Court Proceedings

PE never issue court claims

 

....or send round Bailiffs.

Nobody will turn up on your doorstep

 

My main concern is hassling letters to my son.

Just ignore them and file

 

I know the general consensu is 'ignore'...but would you at least think it a good idea for my son to reply, stating that he may be the registered keeper but he was not the driver & he was not even in the country on the date of the incident & that this can be proven....just wondered if it would 'nip it in the bud'...in the hope that they just think it's not worth persuing ???

, The moment you communicate with them in any way, as far as they are concerned it means you are taking them seriously and they will merely hound you all the more. They couldn't give a toss who was driving, in or out of the country etc they only interested in trying to scare money out of you. Stand firm, ignore.

[sailor sam]

That's up to him. If he so chooses he could write to them saying that he was not driving the car at the time and jsut leave it it that. He has no legal obligation to provide a PPC with any information what so ever. The PPC can only issue their 'invoice' against the person who entered into the 'contract' which is the driver. The other issue is that they cannot persue a 'penalty' or 'fine' as they have no legal status. they can however, persue losses or damages so you do the maths on that. a charge of even £40 would be seen as disproportionate to any 'losses' that they have incurred, especially when the parking is free!

 

If they took it to court (which they won't), they would have to convince the judge that their 'charge' in fact isn't a penalty.

[Michael Browne]

This is the rubbish you will receive if you apeeal to them:

http://i1206.photobucket.com/albums/bb443/jo332/img005.jpg

[BASFORDLAD2]

You havent committed any offence

Parking are complete morrons and even have people who sign letters who don't even work there.

So ignore ignore ignore

[hhh_88873]

This is the rubbish you will receive if you apeeal to them:

http://i1206.photobucket.com/albums/bb443/jo332/img005.jpg

 

Was this actually a real case? I cant find any record of this verdict anywhere?

[Michael Browne]

Oldham County Court 12th May 2008 CPS vs Stephen Thomas case no 8QT03984

 

Full judgement here:

http://forums.pepipoo.com/index.php?showtopic=34095&st=100

[hhh_88873]

So if a parking have actually managed to win a case, why dont they have precedent to pursue other cases then?

[dx100uk]

the Thomas case sets no precedent and so is irelevant.

 

 

dx

[hhh_88873]

Isnt a case that has been won, regardless of the content applicable in future cases? Thats what I thought it meant?

[crem]

Isnt a case that has been won, regardless of the content applicable in future cases? Thats what I thought it meant?

 

Not in a county court

[hhh_88873]

Ah thats interesting I didnt know that

[brassnecked]

Ah thats interesting I didnt know that

 

For the Thomas case to be precedent it would have to be confirmed in the Appeal Court, and to be watertight for the PPC it would need to go even higher, as each case is decided on it's merits, and the circumstances were particular to Mr Thomas's actions

[Old Cogger]

just watch them waste their profits - IGNORE, after 3-4 letters bye bye it seems, they have no rights only implied notice, no standing, sounds like a Morrisons car park?

[pin1onu]

Do they actually go as far as issuing Court Proceedings

No they don't normally.

....or send round Bailiffs.

Bailiffs wouldn't get involved until they had a decision from the courts and as this shower don't normally do court then you won't see the,m. They may hassle your son with Debt Collectors who have absolutely no power to enforce a debt. The usual form is letters as they can't usually get a phone number.

 

FWIW I've had a couple of letters from another muppet outfit (PPC) which I have successfully ignored. Haven't seen hide nor hair of Court Don't try to nip it in the bud. Tell your son what happened and tell him to ignore their crap. The more you ignore the sooner they go away.