Genuine question as had a parking fine come through yesterday from a private company. We were shopping at the maybird centre at Stratford and I did not realise there was a 4hr limit. The paperwork shows a photo of my car driving in and 4hrs 21minutes later a photo of us driving out. We never left the maybird centre and finished with some food at one of the on site restaurants. I do not have any receipts from our shopping later than 3hrs after we parked. £42 if we pay within 7 days (letter dated 1st Dec, received yesterday), £70 if paid after 7 days. I am annoyed as we were genuinely shopping and browsing for Christmas presents for the entire duration of our stay. I do not have a receipt for the food, do I have any options other than to pay up?

Centre management showing receipts (bank statements better as no times) usually gets it scrubbed.
POPLA appeal if not and they are an association member.
Can’t ignore them anymore despite several posters on here saying otherwise.

IIRC tho they do not have the legal capability to fine you. You only need pay a reasonable amount for the parking but get proper advice.

votchy – Member 
Genuine question as had a parking fine come through yesterday from a private company

What you’ve got there is an invoice, no matter how official looking and mentions of the word “fine” and whatever threats. They are not enforceable by law.

http://pcnwp.blend-dns.co.uk/private-land-enforcement/

IIRC tho they do not have the legal capability to fine you. You only need pay a reasonable amount for the parking but get proper advice.

The supreme Court has ruled that private companies can essentially ‘ fine ‘ you up to an equivalent amount that the council would so £60-100.

An appeal to Popla may work but first point of recourse is to the company and then Popla these days. Note you lose any early payment discounts if you do appeal to Popla.

What you’ve got there is an invoice, no matter how official looking and mentions of the word “fine” and whatever threats. They are not enforceable by law.

See above -they are pretty much all now enforceable. See Beavis v Parking Eye.

Your link is old rules deadkennedy that site hasn’t updated for a year. Danny is right.

Cheers all, will send them a letter with copies of receipts showing times of purchases and details from bank of transactions that I do not have receipts for.

The supreme Court has ruled that private companies can essentially ‘ fine ‘ you up to an equivalent amount that the council would so £60-100.

yes but

“ParkingEye v Beavis is the leading authority on this. Although ParkingEye won the case, the judgment makes it clear that if the charge is not to be a penalty/unfair consumer charge, the driver must have ample time to be able to read and digest the contractual terms so that they can fairly agree to the terms. If this has not happened the charge is not saved from being a penalty/unfair consumer charge”

and that’s before the contract is even examined and found to be lacking in any substance

Quoted from a site that handed them their arse on a plate and have done many times Beavis is rolled out

ps forgot to say it doesnt get round the damage to the counterargument but it does mean there are other avenues you can go down to argue against , quite successfully

and I did not realise there was a 4hr limit.

Did you not see the signs telling you of the time limit? If not, were they clear enough?
Could be another avenue…

It’s an invoice for a contract you didn’t enter into. Bottom line is most (possibly all) private parking fines are fraudulent BS.

It’s your call what you do but having won every ticket I’ve fought against – using the MSE parking fines advice/template/flowchart – I’d say do the same.

Not sure if the rules changed a little in favour of the firms a year or so ago – MSE will confirm.

I ****ing hate parking firms. Cowboy scum.

Whatever you decide to do, don’t confirm your address. At the moment they have no proof you’ve received their invoice.

They don’t have to globalti – they only have to notify the registered keeper.
That person is liable for the amount unless they notify otherwise.
They legally can and will chase for it.
There are win tactics but you have to ensure you do it properly or you’ll end up with a county court summons.
Besides – if you call them up they know you’ve received it so you wouldn’t stand a chance trying to not confirm your address 🙄

Recent rulings or otherwise, still note that you haven’t/wouldn’t have broken any criminal law. This is a case at worst of an unpaid invoice and thus a civil case. It’s down to you to argue that it was an honest mistake, notices weren’t clear, or the invoice amount is disproportionate to the amount of time over. If you were to drag it before a court (would go via small claims if at all), judge would laugh at a claim that parking company has lost £42 by you being 21 minutes over and just throw it out.

It’s a lot of hassle to challenge it though, but can be done.

Whatever you do, if they take you to court – turn up! If you don’t, it’s an automatic CCJ against you. If you turn up and get told to pay a big fine, it’s a bit of a cost, but no harm otherwise.

MSE’s guide is fairly up to date – http://www.moneysavingexpert.com/reclaim/private-parking-tickets

A CCJ only remains on file if it’s not paid within 28 days, if I remember correctly.
Best of luck fighting it, Capita who own Parking Eye, had the law changed by their Tory mates to protect their little racket. And is is a racket, A morally bereft form of highway robbery. Scotland & Wales threw it out. They even had a High Court Judge sit at a Magistrates Court & decide a couple of cases in their favour so it would set a precedent that a lot of Magistrates use.

Appeal, they will chuck it out. Appeal again & they have to pay £20 for it to go to POPLA. At that point they might chuck it out, but if they don’t & press onwards then POPLA will, on the evidence you’ve offered, probably will chuck it out. But, you have to have followed the process to the letter. What Parking Scum rely on is those listening to the old ignore it advice, dished out by well meaning folk who were lucky enough to have got away with it. Ignore it & they will win in court by default. Or, just write off £40 to experience.