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[Closed] Private Parking Tickets.

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Wife parked the car the other day. Didnt spot the 3" high MB (marked bay) hand painted in the corner of the bay, & returned to a dubious looking ticket from some private parking firm. Ticket gives the glorious opportunity to pay £60 in 14 days or £100 after that.
Now, according to moneysavingexpert.com the majority of private parking tickets are not worth the paper they are written on. The general advice being to simply ignore. Also suggests that, as the ticket will no doubt come to me (the registered keeper), that I should just write in & inform them that I was not the driver at the time of the alleged parking infringement; & that I am not prepared to tell them who was.
I remember this loophole being exploited a few years ago for speeding fines / fixed penalties etc; but has now been changed. Would this apply to private parking issues ? Can they force me to tell them who was driving ?

Any other advice from the STW legal team...


 
Posted : 12/08/2010 1:29 pm
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if it's not the council then ignore it. the legal basis is on contract law assuming that you agreed to the terms of the contract when you entered the bay. this is not enforceable.

that I [s]am not prepared to[/s] [b]cannot[/b] tell them who was.

i wouldn't respond at all.


 
Posted : 12/08/2010 1:33 pm
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[b]Just ignore it.[/b]

All you need to know is on this link:

[url=

This[/url]


 
Posted : 12/08/2010 1:37 pm
 tron
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An acquaintance is a magistrate and regularly tells the private parking people to naff off. I'm not sure on what the grounds.


 
Posted : 12/08/2010 1:37 pm
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Say you pay a handsome fee to hire a parking space for your work etc.

Some twunt comes along and uses it, you have to pay to park elsewhere?

Why should you not get recompense?


 
Posted : 12/08/2010 1:39 pm
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Ignore the ticket and everything they send you. they'll give up after half a dozen letters.

Do not under any circumstances contact them. this marks you as a potential fish and they'll harass you for longer.


 
Posted : 12/08/2010 1:42 pm
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How will they even be able to send you letters if you didnt give them your address?


 
Posted : 12/08/2010 1:44 pm
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Its all about how the debt can be enforced. The only way they can make you pay is by taking this to court and trying to make you liable in the court. If they obtain a court order that determines you are laible then you will have to pay.
If you dispute the debt and dispute your liability, there is nothing the nasty fine company can do


 
Posted : 12/08/2010 1:44 pm
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The DVLA sells them your details after the PPC contact them with the registration number.


 
Posted : 12/08/2010 1:45 pm
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Indeed I would echo everyone else's comments, just don't even reply. I believe there is a possibility that you can get caught if you reply, although I cannot remember the circumstances, so best to ignore.


 
Posted : 12/08/2010 1:46 pm
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The DVLA sells them your details after the PPC contact them with the registration number.

I always thought that your details were "protected" and couldnt be handed out to anyone?


 
Posted : 12/08/2010 1:46 pm
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I always thought that your details were "protected" and couldnt be handed out to anyone?

The PPC acts as an agent for the landowner and uses that authority to request the RK details from the DVLA

The DVLA will sell your details to anyone who has "reasonable cause" to request them.

Frightening.


 
Posted : 12/08/2010 1:52 pm
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Send them a bill for flyposting, item removal and consequential loss and address it from the parking space, advise that you will be sending a collection agent to their property which will incurr further costs


 
Posted : 12/08/2010 1:52 pm
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Thanks all.
I had considered replying, & offering to supply the drivers details for a fee of £100, but will now ignore.


 
Posted : 12/08/2010 1:57 pm
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Yeah, don't even reply. Just bin the letters
I started this thread a few months ago about the same thing

http://www.singletrackworld.com/forum/topic/is-this-one-of-those-parking-tickets-you-can-just-ignore

Sure enough we had 3-4 letters from them, then another saying the bailffs wer coming round. All ignored. Nothing for a month or two now.


 
Posted : 12/08/2010 1:59 pm
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How are they going to prove who was driving & therefore who they can chase 😆

Bin it


 
Posted : 12/08/2010 2:00 pm
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it's covered by civil law so they can't impose an unfair penalty, if you're so inclined offer them whatever the going rate for however long you were parked in a similar local public car park.


 
Posted : 12/08/2010 2:02 pm
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The DVLA will sell your details to anyone who has "reasonable cause" to request them.

Frightening.

Crikey, didnt know that! Shouldnt affect me anyway, never use my real name or details.


 
Posted : 12/08/2010 2:14 pm
 Mark
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If you let slip who was driving then they may have the evidence they need to prove that a contract exists. It exists if the signs pointing out the details of the £60 charge are displayed according to the legal rules laid down to ensure correct signage is displayed by these parking companies. Assuming they are then all they need from you is an admission of who parked the car there. They would then have a case under contract law they could take to court.

But! You as the registered owner of the vehicle are under no obligation to tell them who was driving no matter what they try and say. The important distinction is that this is NOT a fine or a charge but an invoice. The invoice is for the driver of the car, not the owner.

Say nothing and they have no case unless they have evidence such as photos of the driver sat in the vehicle.. or possible CCTV evidence that identifies the driver.

The ultimate sanction is small claims court. That's it. No bailiffs can chase you for money until it's been to court and a judge says you owe it. They will try and make you think they have the right to come and kick your doors in after about letter 3. Just ignore them. It's all bluff!

I've been there. They passed my details on to a debt collection company who rang me up. I told the bloke on the phone I wasn't the driver. He said. 'Who was?'.. I said,' I'm not telling'.. he said, 'oh!'. That was that 🙂


 
Posted : 12/08/2010 2:14 pm
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Hmm I think the unfair terms of contract law might discount a £60 or even £100 charge for parking..


 
Posted : 12/08/2010 4:01 pm
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The PPCs will fall down in multiple areas but in simple terms a private company cannot impose penalty charges, which is what a £60 parking charge is. By parking on land you are entering into a contract with the landowner. If either party breaches the contract, the other party can only claim for their losses and there's no way the parking charge equates to the losses suffered by the landowner.


 
Posted : 12/08/2010 4:15 pm
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BoardinBob - Member
The DVLA will sell your details to anyone who has "reasonable cause" to request them...

Can we request that the DVLA do not release our info to anyone but government agencies? Right to privacy and all that?


 
Posted : 12/08/2010 9:29 pm
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I got done in a private pay and display car park. I sent them a cheque for the amount I overstayed (station car park, delays on the way home) for about GBP2.50 to cover the amount I overstayed (based on their own scale of charges) which is the amount I am liable for under the contract laws they were 'enforcing'. The sent the usual threats for a few months but I ignored them and eventually they foxtrot-oscared.


 
Posted : 12/08/2010 9:41 pm
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Do nothing - you'll get another letter the same

Then you'll get one that says pay £90 now or £150 later......

Then £150 now or £250 ........

Then details passed on to debt collector with threat of legal action....

Then ----- nothing

Well that's my experience


 
Posted : 12/08/2010 9:52 pm
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The "debt collector" is usually the next desk in the portacabin the PPC operate out of


 
Posted : 12/08/2010 10:07 pm
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ignore, ignore, ignore. they will stop chasing you eventually.


 
Posted : 12/08/2010 10:16 pm
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There's a lot of misinformation on this on moneysavingexpert etc. The underlying legal principles of the claims for damages are sound but it's never worth putting into practice. Personally, I'd chance on practicality and just not bother replying.

Can we request that the DVLA do not release our info to anyone but government agencies? Right to privacy and all that?

No.
the legal basis is on contract law assuming that you agreed to the terms of the contract when you entered the bay. this is not enforceable.

Just for the sake of pedantry, really, the contract is enforceable - in theory and in law. But in practical terms it is not worth them enforcing it.
You as the registered owner of the vehicle are under no obligation to tell them who was driving no matter what [b]they [/b]try and say.

True - you don't have to do anything just because they say so but [i]in theory [/i]they could obtain a court order to get you to identify the driver as a party to potential litigation. However, I can't imagine it's ever actually worthwhile to spend the time doing this.


 
Posted : 13/08/2010 12:27 am
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Had one of these last Xmas. I replied as per money saving experts advice and the thing just kept going on and on. Eventually I wrote back pointing out that the vehicle was insured for multiple drivers and I had no idea who had been driving at the time, however if they could give me a description I would be happy to pass the ticket on to the driver.

The ticket I had clearly breached the BPA rules as it had Penalty Charge all of it in big bold letters... it isn't, its an invoice and they shouldn't pass it off as an offical parking ticket coz it ain't.

If necessary try what I did it stopped dead after that, having gone on for months and months, but best bet I reckon is to ignore it completely.


 
Posted : 13/08/2010 11:06 am
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If necessary try what I did it stopped dead after that, [b]having gone on for months and months[/b], but best bet I reckon is to ignore it completely.

Contacting them = sustained harassment

Ignoring them = giving up after a few letters


 
Posted : 13/08/2010 11:21 am
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Hmmm...we had 4 of these in a week....overstayed time limits whilst interviewing in a Mcdonalds, had receipts for duration of stay...Mrs rang em up and they were pretty reasonable...she rang the Mcds manager he got the wrong end of the stick and grovelled apologetically and got em all cancelled!...so maybe ignoring them isn't always the best approach?


 
Posted : 13/08/2010 11:37 am
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Many thanks to the STW legal team. 🙂


 
Posted : 13/08/2010 11:47 am
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I got one today !!!!! Bastard parked in the same car park for 2 yrs and today the ticket blew over on the dash so technically I displayed the ticket,I paid for a ticket but its a company car and they lazy shisters so they're liable to just give them my details or pay it and bill me for it 😥


 
Posted : 20/08/2010 5:50 pm
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perhaps worth an appeal (well I did on a council one and they let me off - I guess they don't do it all the time!)


 
Posted : 20/08/2010 7:19 pm
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Yeah, you're ****ed with a company car. I had one recently that I would have contested (for driving in a bus lane, the lane is time-controlled and I was outside the controlled time, their clock must have been wrong).

First I knew about it, company had nominated me as the driver and told me it was coming out of my wages (plus an 'administration fee').


 
Posted : 20/08/2010 7:30 pm
 Ewan
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Incidentally, since clamping on private land is shortly to be banned, and you can ignore any tickets you get, does that mean that the entire private parking industry is about to die?*

*Or install gates at the entrance to car parks.


 
Posted : 20/08/2010 8:47 pm
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i got one of these a few years ago, after a bit of research on the internet (can't remember the site) i found out that they could only claim for any loss of earning and cost. So i wrote to them offering to pay the cost of parking in the area £2 and the time to write out a ticket £1.50 , never heard off them again. I do remember reading that they need to prove who the driver was but with so much CCTV round this might not be that difficult for them. Don't think it's worth them going to court as my research said 99% of times the judge found in favor of the driver.


 
Posted : 20/08/2010 9:02 pm
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my research said 99% of times the judge found in favor of the driver.

How would that number have been produced? Only the parking company would immediately have the data to know how many cases it actually took to litigation and then actually proceeded to trial. The only other way would be to research through court rolls and identify every (or at least a representative sample of) case to which a parking enforcement company had been a plaintiff and then check the nature of the underlying dispute (and I can't actually remember whether statements of claim or documents tendered in evidence are open to public inspection in E&W) and then log the outcome (which tbf is pretty easy once you've done all the rest).


 
Posted : 21/08/2010 12:56 am
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Ignore, ignore ignore.

Trying to be reasonable and making contact was my biggest mistake, went on over a year until my solicitor contacted them and told them to FRO.

Incidentally, since clamping on private land is shortly to be banned, and you can ignore any tickets you get, does that mean that the entire private parking industry is about to die?*

The vast majority of people, I imagine, will pay the charge. The industry is based on people not knowing better and scaring them into paying.


 
Posted : 21/08/2010 12:56 am