private parking fine.

[crispybits]

Hello, I've been following some of your advice on how to deal with unfair private parking fines after I recieved a ticket from New Generation Parking LTD over christmas. So far I have ignored several soliicitors letters and one from a balliff. They originally wanted £70 for exeeding a 30 min free period by 7min 14 secs. Needless to say it's doubled since then. I really resent having to pay this one as the sign informing me of the concequences of exceeding the time limit is written in small print under much larger wording informing me that the car park is FREE. This sign is placed prominentley on entrance but it is of a busy roundabout and bus station so you just don't have the time to read the small print.

I was not driving the car at the time but I was the passenger. I am the RK. Does this make me liable? Also we had to strap two kids into their car seats so we would have been back at the car on time.

I have just recieved another letter requesting I give them the details of who was driving or they will apply to the courts for for an 'Application to the court under 'Civil Procedures Rule 31.16 - Disclosure Before Preceedings Start.'

[DBC]

That old chestnut!. They forget to say that "'Civil Procedures Rule 31.16" does not apply to the small claims track and would have no relevance in the very unlikely event it ever gets to court.

 

I imagine that the letter came from Roxbourgh)/Graham White. I have complained to the BPA about that particular letter, only to be told that it's "for information only" (whatever that means), even though it's meaningless in cases such as yours.

 

Just keep ignoring. Finally, this is not a FINE, it's an unenforceable invoice and you haven't received a letter from areal bailiff ,only from a powerless debt collector.

[Jamberson]

Think through the process - they wanted YOU to pay £70, then they wanted YOU to pay £140. Now they want to know who the driver was?

 

They want the driver details because they anticipate you won't pay and if they can pester someone else, maybe they will pay.

 

Don't tell them. Just ignore them. As DBC says you haven't been fined. It's just a glorified request for you to volunteer to pay them.

[Tony P]

And you have not had a letter from anyone acting as a Bailiff.

 

You may have had a letter from someone who may ALSO be a bailiff, but they would not be writing in that capacity.

 

For a Bailiff to take action the case must first have been to Court (less than 1% chance), then you lost (less than 1% chance), then you failed to pay the Judgement amount.

 

Before all that, t hey can only take action against the Driver. There is no legal obligation for the RK to tell anyone who was the driver, other than the Police and Local Authority.

 

Any judgement amount would only be awarded as their actual loss caused by the driver leaving his car there. In a car park that is free, the loss can only be ... errr.....NIL.

 

There seems little point in going to Court seeking that.

Much more profitable for them to try to scare people into giving them money they do not owe.

[crispybits]

Thankyou so much for the info. I was beginning to get v anxious about it. Now I feel much more in control and a lot less worried. I do feel tempted to return to the carpark with some red nail varnish and underline the small print so no one else gets unwittingly caught out. Thanks again.

[Scooby Doo69]

" I do feel tempted to return to the carpark with some red nail varnish and underline the small print so no one else gets unwittingly caught out. Thanks again. "

 

LOL I wouldn't do that as you could be prosecuted for Criminal Damage.

 

The fact that you are stating that it isn't prominent speaks for itself and even more lessens their defence that the driver was aware of the alledged breach of trespass claimed.