leeds chimp Posted March 16, 2013 Report Share Posted March 16, 2013 Hate to say it, however jl has a point on this one. I would questionb if it is enforceable. NOT AT ALL!!!!! Quote Link to comment Share on other sites More sharing options...
bruno22rf Posted March 16, 2013 Report Share Posted March 16, 2013 Ignore it and do not contact the company in any way.This is a civil matter and the land owners would have to prove financial loss to be able to resort to court action-its laughable. Quote Link to comment Share on other sites More sharing options...
Psyxologos Posted March 16, 2013 Report Share Posted March 16, 2013 Ignore it. Go here and see how the letters look like and you will notice that they will come in that exact order. Make paper planes, use the letters as drawing paper for your 2 year old, have some fun. Quote Link to comment Share on other sites More sharing options...
fabarm gamma boy Posted March 16, 2013 Report Share Posted March 16, 2013 Do u think a small firm will take you to court over £70 it will cost them a fortune! Ticket what ticket.......... Quote Link to comment Share on other sites More sharing options...
steveyb Posted March 16, 2013 Report Share Posted March 16, 2013 I had exactly the same from a local Aldi car park issued by a company called Parking Eye. The advice to ignore the letters is good, companies like these are just thieving con men trying to con extortionate fees from motorists. Quote Link to comment Share on other sites More sharing options...
Gregthegreat Posted March 16, 2013 Report Share Posted March 16, 2013 (edited) Ignore it. They will have to pay the DVLA a decent fee to get the details of the registered owner. They won't as it's not worth it for them so they rely on threatening nonsense on the tickets to scare people into paying. ... If it was local council then they have access to the DVLA database so they just find out straight away and send you a letter to your home address. Greg. Edited March 16, 2013 by Gregthegreat Quote Link to comment Share on other sites More sharing options...
kdubya Posted March 16, 2013 Report Share Posted March 16, 2013 (edited) Hate to say it, however jl has a point on this one. I would questionb if it is enforceable. IT is not enforceable, the parking charge you receive is an "invitation to pay" its not a fine or penalty, it will not be taken to court,they dont do courts as they would be thrown out, these companies rely on fear (by the threat of increased payments ) of people thinking they have been "fined" making them pay up without question, sadly most do, I didn't, and I wont! As for the letters you receive, they say you COULD have to pay X, then you will receive one from a so called bailiff saying they COULD recover goods they cant as they would have to go to court for that and as said they dont do courts,then you will receive a letter from a so called solicitor ( usually a chap called White who is NOT a solicitor) again THREATENING action but never actually a court date etc, its all bluff and bluster attempting to intimidate you to into paying, they are in the same league as horse thieves an PPI sellers. KW Edited March 16, 2013 by kdubya Quote Link to comment Share on other sites More sharing options...
kdubya Posted March 16, 2013 Report Share Posted March 16, 2013 Ignore it. They will have to pay the DVLA a decent fee to get the details of the registered owner. They won't as it's not worth it for them so they rely on threatening nonsense on the tickets to scare people into paying. ... If it was local council then they have access to the DVLA database so they just find out straight away and send you a letter to your home address. Greg. 3 quid, sodding DVLA are hooks as well for selling the info. KW Quote Link to comment Share on other sites More sharing options...
NickS Posted March 16, 2013 Report Share Posted March 16, 2013 My daughter got one a few days ago when parked at some flats, staying over with her friend who lives there. She did not have a permit but was using one of her friend's spaces. The ticket was issued at 3am. In daylight, it was possible to read the sign that read "AUTHORISED PARKING ONLY" with the following added in very small lettering "A permit must be displayed", but not at night and in pouring rain. We have appealed and I am prepared to take it to court if necessary. A word of caution though - the regulations changed in October 2012 making it much easier for companies to make claims against motorists. This was done to balance the fact that it is now illegal to clamp or tow vehicles parked on private land. It also removes the need for the parking company to prove who was driving at the time since they now have the right to make the claim against the registered keeper if the driver does not pay. Nick Quote Link to comment Share on other sites More sharing options...
kdubya Posted March 16, 2013 Report Share Posted March 16, 2013 My daughter got one a few days ago when parked at some flats, staying over with her friend who lives there. She did not have a permit but was using one of her friend's spaces. The ticket was issued at 3am. In daylight, it was possible to read the sign that read "AUTHORISED PARKING ONLY" with the following added in very small lettering "A permit must be displayed", but not at night and in pouring rain. We have appealed and I am prepared to take it to court if necessary. A word of caution though - the regulations changed in October 2012 making it much easier for companies to make claims against motorists. This was done to balance the fact that it is now illegal to clamp or tow vehicles parked on private land. It also removes the need for the parking company to prove who was driving at the time since they now have the right to make the claim against the registered keeper if the driver does not pay. Nick the main change is they can pursue the "registered keeper" however they can only try to reclaim loss from "breach of contract" Ie a quid an hour or whatever the parking charge actually was, and not their plucked from the sky penalty charges, if it went to court a judge would throw it out as an unreasonable claim, hence they dont do courts. KW Quote Link to comment Share on other sites More sharing options...
m3vert Posted March 16, 2013 Report Share Posted March 16, 2013 We got one of these a few days after Christmas last year! We had overstayed (according to the company) by 5mins on the permitted 3hr stay! They wanted £70 for the privelage!!! Now they had ANPR photo showing the car entering and leaving the carpark at the correct times BUT they didnt show me driving around the carpark for 10mins trying to get a space! So technically we didnt "park" in their carpark for more than 3hrs! However they sent the letter to my Wife who is the registered keeper and I was driving! The rubbish they print at the bottom about it now being looked on badly by the courts if you fail to inform them that you were not driving are not applicable here in Scotland So every letter so far has been binned (4 so far) they are now threatening they MIGHT now take us to court! Me thinks they wont as they can only take my WIfe to court and she can clearly prove that she wasnt the driver as the photo shows a Male They are on a hiding to nothing so can ****right off! Funny thing is that had their charge been reasonable we would most likely have paid it! So my advice is dont stress and bin all letters, DO NOT contact them in anyway Good luck! Quote Link to comment Share on other sites More sharing options...
pimpkiller Posted March 16, 2013 Author Report Share Posted March 16, 2013 I took the plunge this morning and ripped the ticket up I noticed on the reverse of the receipt it says its £70 but if you pay within 14 days its £40 after 28 days they can apply to the DVLA for your details, I also notice the company is based in Scotland. Thanks for everyone's support, ill let everyone know what happens and if I end up in prison Quote Link to comment Share on other sites More sharing options...
mrwabbits Posted March 16, 2013 Report Share Posted March 16, 2013 Soap on a rope ,,,,,, :lol: ... . .As others have said , it is an invoice -thats all . Ignore it , Make No return communication of any form, . Parking Eye seem to have all the Aldi contract, we have that anpr system in our neck of the woods, just log your reg` into the machine instore near tills on your way out. .............................................. For those who frequent M`way service areas and go over the 2hr limit ,,,, - ,,, just pop into the service area shop and they can log in your reg` no. on their anpr related machine at the tills. They have the capacity to log in your reg` no. and view/check it on their photo screen shot device.. and hopefully overwrite it with a valid overstay reason. . Suitable : `broken down - awaiting recovery/mechanic ' excuses may apply Quote Link to comment Share on other sites More sharing options...
kdubya Posted March 16, 2013 Report Share Posted March 16, 2013 I took the plunge this morning and ripped the ticket up I noticed on the reverse of the receipt it says its £70 but if you pay within 14 days its £40 after 28 days they can apply to the DVLA for your details, I also notice the company is based in Scotland. Thanks for everyone's support, ill let everyone know what happens and if I end up in prison we will organise a whip round KW Quote Link to comment Share on other sites More sharing options...
Garrod Posted March 16, 2013 Report Share Posted March 16, 2013 My friend has contracted his beach car park to parking eye and the deal is he can override all fines used but all he gets from the fines is £2 which is what it would cost to park. In the last two years out of 700 odd penalty notice only one hasn't been paid! Me personally I've been issued with the parking eye ones and invoice on the window in my van, wife's car and even my motorbike and they have all gone to the bin! I do pay for all my parking when I can but the last one the machine didn't take notes or any number to pay by card and by the time I walked back from the the shops with change it was to late as the attendant told me I was more than 15 mins! I said to him getting two young kids and prams out of the car and to the shop and back does take more than 15mins but it was my problem not his so I binned it in front of him and told him I would see him in court, I'm still waiting for my day in court 12 months later! Quote Link to comment Share on other sites More sharing options...
Sha Bu Le Posted March 16, 2013 Report Share Posted March 16, 2013 A friend got one he ignored it, got some follow up letters ignored them also. They eventually went away. Sure Martin Lewis featured this on the Jeremy Vine show a while back, check his website. Quote Link to comment Share on other sites More sharing options...
Paddy Galore! Posted March 18, 2013 Report Share Posted March 18, 2013 i hate parking tickets! got a few last year while working for the council, bloody cheek, fixing their houses and using my own van as they had none available, they still had the gall to book me the tossers! Quote Link to comment Share on other sites More sharing options...
StuC Posted March 18, 2013 Report Share Posted March 18, 2013 +1 for bin it. They are also called speculative invoices. You normally get 3 asking for payment and then 2 from the 'baliffs' (at the same address) before they get bored. Lots of advice on web and as I understand it: Even if they did take you to court (which won't happen) they, the landlord or agent on behalf, can only recover actual losses (as it is a civil claim), i.e whilst you overstayed the permitted free parking time the space could not be used by another. Total loss = nill. As another point, the penalty can only be issued to the driver of the vehicle and as the registered owner (the person that will receive the speculative invoice) you do not have to declare this, therefore no charge to pay. NOTE: If it is from the Police or council then pay it! This is enforced in a different way and the charge can be passed on to the registered owner in the absence of a nominated driver. I've had 2 of these invoices and just binned all correspondence. 1 from Parking Eye and another from UK Parking (IIRC). The way they are worded and the fonts that are used are very tactical to scare the receiver into paying. Good luck Quote Link to comment Share on other sites More sharing options...
ferretsuk Posted March 18, 2013 Report Share Posted March 18, 2013 Yh we had same problem and we sent money and they sent it bk that was a service station Quote Link to comment Share on other sites More sharing options...
marktattoo Posted March 18, 2013 Report Share Posted March 18, 2013 Should have asked somebody who had actually paid for their spot at the same time as you had parked their for their old ticket. Then sent a copy of it to parking company claiming you'd paid for it and the warden hadn't seen it. Unfortunately hindsight is an exact science though. damnit i didnt think of that I never even saw a machine or tickets in peoples windows and if the parking company does the job right, you will find they will have photograhs of every window of the vechicle with a date and time stamp, so try blaming somebody else will only make your possible appeal more unlikely as they will have proved you are trying to use any excuse to get away with it. however best of luck Quote Link to comment Share on other sites More sharing options...
JonathanL Posted March 19, 2013 Report Share Posted March 19, 2013 All good advice. As stated ignore it, and after the first one if you recognize the envelope don't open it just write return to sender and pop it back in post. I got about 4 before they gave up. Not enforceable unless its police or council ticket. As pointed out above - this is not necessarily true. It's true that a private ticket may be less likely to be enforcible but just because it isn't a council or police one is not proof that it is not enforcible. J. Quote Link to comment Share on other sites More sharing options...
JonathanL Posted March 19, 2013 Report Share Posted March 19, 2013 Do DVLA give them your details for them to be able to send letters to your home address They do - which is an utter disgrace. Basically, if you say that you are parking company then they let you sign up to their system to obtain vehicle keeper details. There are many companies who issue tickets which are clearly unenforcible and even borderline illegal who have access to this info. DVLA are allowed to give out the info as there is an exemption in law for it to be provided to people who have "good cause to be provided with it". Clearly though, an illegal or unenforcible ticket is not 'good cause' to have anything! There should be far greater scruitiny given to these companies before they are given access to this system. J. Do DVLA give them your details for them to be able to send letters to your home address They do - which is an utter disgrace. Basically, if you say that you are parking company then they let you sign up to their system to obtain vehicle keeper details. There are many companies who issue tickets which are clearly unenforcible and even borderline illegal who have access to this info. DVLA are allowed to give out the info as there is an exemption in law for it to be provided to people who have "good cause to be provided with it". Clearly though, an illegal or unenforcible ticket is not 'good cause' to have anything! There should be far greater scruitiny given to these companies before they are given access to this system. J. Quote Link to comment Share on other sites More sharing options...
JonathanL Posted March 19, 2013 Report Share Posted March 19, 2013 Do u think a small firm will take you to court over £70 it will cost them a fortune! Ticket what ticket.......... That's what the small claims court is for. J. Quote Link to comment Share on other sites More sharing options...
JonathanL Posted March 19, 2013 Report Share Posted March 19, 2013 (edited) IT is not enforceable, the parking charge you receive is an "invitation to pay" its not a fine or penalty, it will not be taken to court,they dont do courts as they would be thrown out, these companies rely on fear (by the threat of increased payments ) of people thinking they have been "fined" making them pay up without question, sadly most do, I didn't, and I wont! As for the letters you receive, they say you COULD have to pay X, then you will receive one from a so called bailiff saying they COULD recover goods they cant as they would have to go to court for that and as said they dont do courts,then you will receive a letter from a so called solicitor ( usually a chap called White who is NOT a solicitor) again THREATENING action but never actually a court date etc, its all bluff and bluster attempting to intimidate you to into paying, they are in the same league as horse thieves an PPI sellers. KW IT is not enforceable, the parking charge you receive is an "invitation to pay" its not a fine or penalty, it will not be taken to court,they dont do courts as they would be thrown out, these companies rely on fear (by the threat of increased payments ) of people thinking they have been "fined" making them pay up without question, sadly most do, I didn't, and I wont! As for the letters you receive, they say you COULD have to pay X, then you will receive one from a so called bailiff saying they COULD recover goods they cant as they would have to go to court for that and as said they dont do courts,then you will receive a letter from a so called solicitor ( usually a chap called White who is NOT a solicitor) again THREATENING action but never actually a court date etc, its all bluff and bluster attempting to intimidate you to into paying, they are in the same league as horse thieves an PPI sellers. KW Some are - probably most are. However, that does not mean that every privately issued ticket is not enforcible. Be very careful as some are and some firms will seek to enforce them. The ones which are more likely to be enforcible are the ones in the likes of filling station or supermarket car parks which say something like 'first 20 minutes free, £20 per hour or part thereof thereafter'. As long as everything else required of a simple contract is extant then there is no reason as to why the ticket could not be enforced. They couldn't enforce a charge of £70 for staying more than an hour as it would be a contractual penalty but the original £20 would be enforcible. J. Edited March 19, 2013 by JonathanL Quote Link to comment Share on other sites More sharing options...
leeds chimp Posted March 19, 2013 Report Share Posted March 19, 2013 Some are - probably most are. However, that does not mean that every privately issued ticket is not enforcible. Be very careful as some are and some firms will seek to enforce them. The ones which are more likely to be enforcible are the ones in the likes of filling station or supermarket car parks which say something like 'first 20 minutes free, £20 per hour or part thereof thereafter'. As long as everything else required of a simple contract is extant then there is no reason as to why the ticket could not be enforced. They couldn't enforce a charge of £70 for staying more than an hour as it would be a contractual penalty but the original £20 would be enforcible. J. yes and who would they take to court for it?? Quote Link to comment Share on other sites More sharing options...
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