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UPDATED: PRIVATE PARKING CHARGES ADVICE

Mon Aug 22, 2016 10:42 pm

Over several Threads in recent times, we have had members asking about a Penalty Notice when 'invoiced' (not fined) for parking in non-public areas, e'g' a Supemarket Car Park or Motorway Service Station

We have argued that they are not the same as a Law Enforcement issued Fixed Penalty Notice and recently ITV's Martin Lewis clarified the difference between the two:


The Penalty Notice is usually from the Police or the Council and is payable by the recipient

The Parking Notice is only an 'invoice' from whoever gave you the ticket and is NOT a penalty charge

Even if the company tries to threaten you with Court action, just ignore it, Contacting them is accepting liability, so DO NOT RESPOND and DONT PAY!
:ayatollah:
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Re: UPDATED: PRIVATE PARKING CHARGES ADVICE

Tue Aug 23, 2016 7:08 am

I have had quite a few Parking fines and ignored every one, a few threats of Bailiffs and CCJ's, but nothing ever comes of it. But like Sven said don't ignore the Police or the Council Notices.

Every other one your ok :ayatollah:

Re: UPDATED: PRIVATE PARKING CHARGES ADVICE

Tue Aug 23, 2016 11:40 am

Be careful here. The law used to be that the parking firm had to establish who was driving the vehicle when the alleged "offence" was made. (Contract law etc.). This was quite difficult to prove unless there was photo evidence etc., or you responded. The law has since been changed so that they now are able to pursue the vehicle registered keeper. Some firms may well give up after a while, but most, especially the larger ones will pursue the case to the bitter end, and that may well end up in county court with all the costs that entails. The Barry Beavis case finally ended this year with the highest appeal court judge finding against him and siding with the parking vultures, sorry, parking firm. I guess if you are in this situation, you make the decision to pay or take them on, but don't think it will be simple. The best action I'm afraid is to make sure you do not "violate" any rules when you park. Check if there any signs stating their rules. They may only be small and in an out of the way position, but if they are there BEWARE.

Re: UPDATED: PRIVATE PARKING CHARGES ADVICE

Tue Aug 23, 2016 11:49 am

BLUE54 wrote:Be careful here. The law used to be that the parking firm had to establish who was driving the vehicle when the alleged "offence" was made. (Contract law etc.). This was quite difficult to prove unless there was photo evidence etc., or you responded. The law has since been changed so that they now are able to pursue the vehicle registered keeper. Some firms may well give up after a while, but most, especially the larger ones will pursue the case to the bitter end, and that may well end up in county court with all the costs that entails. The Barry Beavis case finally ended this year with the highest appeal court judge finding against him and siding with the parking vultures, sorry, parking firm. I guess if you are in this situation, you make the decision to pay or take them on, but don't think it will be simple. The best action I'm afraid is to make sure you do not "violate" any rules when you park. Check if there any signs stating their rules. They may only be small and in an out of the way position, but if they are there BEWARE.

you just have to say you weren't driving ,you do not have to give who was driving also the contract is still with the driver not the car owner

Re: UPDATED: PRIVATE PARKING CHARGES ADVICE

Tue Aug 23, 2016 11:52 am

http://www.moneysavingexpert.com/reclai ... ng-tickets

Re: UPDATED: PRIVATE PARKING CHARGES ADVICE

Tue Aug 23, 2016 11:58 am

Wez, I'm afraid it isn't any more. They can now pursue the registered vehicle owner. The law was changed for them to do this.

Re: UPDATED: PRIVATE PARKING CHARGES ADVICE

Tue Aug 23, 2016 12:03 pm

Wez check out item 6 of your attachment from MSE above.

Re: UPDATED: PRIVATE PARKING CHARGES ADVICE

Tue Aug 23, 2016 12:05 pm

BLUE54 wrote:Be careful here. The law used to be that the parking firm had to establish who was driving the vehicle when the alleged "offence" was made. (Contract law etc.). This was quite difficult to prove unless there was photo evidence etc., or you responded. The law has since been changed so that they now are able to pursue the vehicle registered keeper. Some firms may well give up after a while, but most, especially the larger ones will pursue the case to the bitter end, and that may well end up in county court with all the costs that entails. The Barry Beavis case finally ended this year with the highest appeal court judge finding against him and siding with the parking vultures, sorry, parking firm. I guess if you are in this situation, you make the decision to pay or take them on, but don't think it will be simple. The best action I'm afraid is to make sure you do not "violate" any rules when you park. Check if there any signs stating their rules. They may only be small and in an out of the way position, but if they are there BEWARE.


I believe NCP are one of these company's that enforce this rule.

Re: UPDATED: PRIVATE PARKING CHARGES ADVICE

Tue Aug 23, 2016 12:10 pm

BLUE54 wrote:Wez, I'm afraid it isn't any more. They can now pursue the registered vehicle owner. The law was changed for them to do this.

But if it wasn't you driving and can prove it, the car can't be held responsible for breaching a contract ? for them to force a breach of contract they have to sue a person

Re: UPDATED: PRIVATE PARKING CHARGES ADVICE

Tue Aug 23, 2016 12:13 pm

Yes, the reason I know this to be true is that I'm aware of several people who thought this was still the case and chose to ignore it. I'm afraid they ended up with a county court appearance, paid twice the original "invoice" amount plus costs awarded to the parking companies. All since the Barry Beavis case decision, as they were all being held up until that decision was made. It's up to you.

Re: UPDATED: PRIVATE PARKING CHARGES ADVICE

Tue Aug 23, 2016 12:16 pm

Yes Wez, they will pursue a person. The vehicle registered owner. Unfortunately. they now have the law behind them to do it. As I said above, read item 6 of MSE link.

Re: UPDATED: PRIVATE PARKING CHARGES ADVICE

Tue Aug 23, 2016 1:26 pm

My advice is always keep receipts the machines give out.
I was sent a fine for parking in tenby.
only by chance i had kept the receipt and could prove i had paid

Re: UPDATED: PRIVATE PARKING CHARGES ADVICE

Tue Aug 23, 2016 7:22 pm

very dangerous advice in the OP. as far as i'm aware the law has changed with regards parking charge notices.

here is a quote from pepipoo forum:

'IMO NEVER ignore. Always appeal. Every single claim that is going through at the moment is for people who ignore. appeal to POPLA and don't run the risk of a default judgment ruining your credit rating when you've moved house four years down the line.

"Ignore PE they don't do court" was once a well touted response. Times change, and the only sure way to protect yourself is to always appeal and win at POPLA.

Ignoring may also work against you in any hearing as you have not taken reasonable steps to resolve before court (I.e. putting the PPC to task in your strong appeal).'