steve_b_wales Posted April 22, 2014 Report Share Posted April 22, 2014 My wife has just had a letter sent to her with a parking fine of £90 to be paid within 28 days. If she pays within 7 days, it's reduced to £45. She parked her car in a shopping outlet and stayed there too long (20 minutes!) Can, or should she ignore this 'fine'? I think this has been done before but I can't find it. Quote Link to comment Share on other sites More sharing options...
robbiep Posted April 22, 2014 Report Share Posted April 22, 2014 http://www.honestjohn.co.uk/faq/private-parking-penalties/ a pretty good guide to the proper legal situation Quote Link to comment Share on other sites More sharing options...
welsh1 Posted April 22, 2014 Report Share Posted April 22, 2014 This is now no longer a cut and shut subject because the laws changed recently and parking companies can now obtain your dvla documents and take you to court. You have to make the choice,you can ignore the letters,and probably get a few each more demanding than the last and hope they leave you alone after that.Or you pay and have done with it,i know it is £45 but it could be the easiest way. And there will be a lot of people on here after me,advising don't pay and they will go away, or you will get to court and prove they have demanded to much money for the service etc.BUT THE LAW HAS CHANGED and there is now the power for the parking companies to chase you. Quote Link to comment Share on other sites More sharing options...
noxop666 Posted April 22, 2014 Report Share Posted April 22, 2014 parkingcowboys.co.uk was a very good site when my daughter got a ticket for a alleged overstay in a mcDs Quote Link to comment Share on other sites More sharing options...
brett1985 Posted April 22, 2014 Report Share Posted April 22, 2014 dont ignore it, even if its a private company. theyre getting good at taking people to court now, and winning. get on to pepipoo forums and have a look. should give you all the info you need. basic rundown is go in with a soft appeal to the parking company, when they reject it (which they will) you get a popla code to appeal. go to popla with a strong appeal and in most cases its gets upheld by them and the parking company lose out. the strongest point to make is that the parking charge is not directly proportionate to the revenue lost either by the company or there cient (landowner) and there for is punitive. just go careful and dont admit who the driver is. if you want anymore in depth info, give me a shout! Quote Link to comment Share on other sites More sharing options...
kdubya Posted April 22, 2014 Report Share Posted April 22, 2014 This is now no longer a cut and shut subject because the laws changed recently and parking companies can now obtain your dvla documents and take you to court. You have to make the choice,you can ignore the letters,and probably get a few each more demanding than the last and hope they leave you alone after that.Or you pay and have done with it,i know it is £45 but it could be the easiest way. And there will be a lot of people on here after me,advising don't pay and they will go away, or you will get to court and prove they have demanded to much money for the service etc.BUT THE LAW HAS CHANGED and there is now the power for the parking companies to chase you. if its a private company its not a fine its a penalty charge,in other words its an invitation to pay,the change in the law made not one iota of difference ,it simply means they dont have to prove who was driving,all you owe is any breach of contract IE what they lost £3 for the dvla for your details and another couple of quid lost parking charge, they dont and wont go to court as the "invitation to pay" would be deemed excessive, ignore it , and after a few letters saying you COULD this and that they will go away been there done that last one last year after the so called change. KW Quote Link to comment Share on other sites More sharing options...
welsh1 Posted April 22, 2014 Report Share Posted April 22, 2014 if its a private company its not a fine its a penalty charge,in other words its an invitation to pay,the change in the law made not one iota of difference ,it simply means they dont have to prove who was driving,all you owe is any breach of contract IE what they lost £3 for the dvla for your details and another couple of quid lost parking charge, they dont and wont go to court as the "invitation to pay" would be deemed excessive, ignore it , and after a few letters saying you COULD this and that they will go away been there done that last one last year after the so called change. KW You should be careful of advice given if you are not up to date with new legislation and court cases.their costs also now include administration and this has been seen as fair in the courts.One company combined parking is actively pursuing most of their cases.There are lots more.Once they have one of these orders,it is off to the enforcement agents and you have someone seizing your goods. http://www.combinedparkingsolutions.com/downloads/20042.pdf http://www.combinedparkingsolutions.com/downloads/20044.pdf http://www.oldham-chronicle.co.uk/news-features/8/news/15246/parking-penalty-just-judge-rules http://www.shropshirestar.com/news/2010/04/07/court-told-of-signs-in-parking-wrangle/ Quote Link to comment Share on other sites More sharing options...
kdubya Posted April 22, 2014 Report Share Posted April 22, 2014 You should be careful of advice given if you are not up to date with new legislation and court cases.their costs also now include administration and this has been seen as fair in the courts.One company combined parking is actively pursuing most of their cases.There are lots more.Once they have one of these orders,it is off to the enforcement agents and you have someone seizing your goods. http://www.combinedparkingsolutions.com/downloads/20042.pdf http://www.combinedparkingsolutions.com/downloads/20044.pdf http://www.oldham-chronicle.co.uk/news-features/8/news/15246/parking-penalty-just-judge-rules http://www.shropshirestar.com/news/2010/04/07/court-told-of-signs-in-parking-wrangle/ funny I know personally 3 magistrates all tell me the same IE dont pay it, I Have had 3 invitations to pay, last one was just last year all ignored never yet been summoned one threatened with bailiffs, but they have to go to court to do that , so ignored that as well, they went away.there may have been a couple of "show" prosecutions but as said they dont do courts.they rely on fear to receive there scamming proceeds. KW Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted April 22, 2014 Author Report Share Posted April 22, 2014 This is a tricky situation. My wife is annoyed about the penalty charge, and is talking about paying the £45 charge and be done with it. The letter sent to her was addressed to 'Mr' and not 'Mrs'. Is this of any significance? Quote Link to comment Share on other sites More sharing options...
welsh1 Posted April 22, 2014 Report Share Posted April 22, 2014 funny I know personally 3 magistrates all tell me the same IE dont pay it, I Have had 3 invitations to pay, last one was just last year all ignored never yet been summoned one threatened with bailiffs, but they have to go to court to do that , so ignored that as well, they went away.there may have been a couple of "show" prosecutions but as said they dont do courts.they rely on fear to receive there scamming proceeds. KW There are parking companies using the courts to recover money and then when they have their judgement they are using enforcement agents,this is a fact,it is happening,you may be the lucky one who is not pursued ,but please believe me when i say there are court orders out their to seize peoples goods over unpaid tickets. Quote Link to comment Share on other sites More sharing options...
Piebob Posted April 22, 2014 Report Share Posted April 22, 2014 Like KW, I also ignored a "PCN" I received from a hospital car park. It was an overstay rather than a non-payment, so you can probably guess that my mind was elsewhere. Anyway, I ignored the 2 or 3 letters from the car park company. Then I ignored a further 2 or 3 from a "solicitor". I can't remember the exact content of each one but I do recall dire warnings of being taken to court, having CCJs, having credit ratings downgraded, yada yada yada. The letters eventually stopped. That was a few years ago before any "change". I used some of the websites like pepipoo, Money Saving Expert, etc to research the best advice. Quote Link to comment Share on other sites More sharing options...
bruno22rf Posted April 22, 2014 Report Share Posted April 22, 2014 Ignore it-as far as I know parking offences on private ground (such as a supermarket) is a civil matter and the owners of the ground would need to prove financial loss by your "offence"-impossible unless they can prove that the car park was full. Quote Link to comment Share on other sites More sharing options...
kdubya Posted April 22, 2014 Report Share Posted April 22, 2014 (edited) This is a tricky situation. My wife is annoyed about the penalty charge, and is talking about paying the £45 charge and be done with it. The letter sent to her was addressed to 'Mr' and not 'Mrs'. Is this of any significance? the change in the law was to address the owner of the vehicle rather than prove the driver at the time,I was done by LDK twice, then smart parking, ignored it each time, ldk sent 5 letters before they dropped it, smart sent two. KW Edited April 22, 2014 by kdubya Quote Link to comment Share on other sites More sharing options...
TIGHTCHOKE Posted April 22, 2014 Report Share Posted April 22, 2014 This is a tricky situation. My wife is annoyed about the penalty charge, and is talking about paying the £45 charge and be done with it. The letter sent to her was addressed to 'Mr' and not 'Mrs'. Is this of any significance? When the company approached the DVLA with the registration number it is presumably registered in your name. Ignore all the letters, don't enter in to any correspondence with them. Let us know how many letters you get. Good luck Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted April 22, 2014 Author Report Share Posted April 22, 2014 When the company approached the DVLA with the registration number it is presumably registered in your name. Ignore all the letters, don't enter in to any correspondence with them. Let us know how many letters you get. Good luck The vehicle that my wife was in, is her's and registered with the DVLA as hers. My wife (a born worrier, not warrior) is thinking of going through the appeals process, first with 'Smart Parking' who issued the parking charge, and then (when they refuse her appeal) will proceed with POPLA. Quote Link to comment Share on other sites More sharing options...
welsh1 Posted April 22, 2014 Report Share Posted April 22, 2014 The vehicle that my wife was in, is her's and registered with the DVLA as hers. My wife (a born worrier, not warrior) is thinking of going through the appeals process, first with 'Smart Parking' who issued the parking charge, and then (when they refuse her appeal) will proceed with POPLA. I think that is the most sensible thing, one thing though, was this company BPA approved, if they were it would be worth appealing direct to them and not the parking company as these will have an interest. Quote Link to comment Share on other sites More sharing options...
BlaserF3 Posted April 22, 2014 Report Share Posted April 22, 2014 Strongly complain to the shopping outlet, they hire the parking companies, they can void the ticket. PePiPpoo have an excellent forum which will explain how not to pay a "fine". Quote Link to comment Share on other sites More sharing options...
BRNDL Posted April 22, 2014 Report Share Posted April 22, 2014 Stevie B - PM DiscoStu It is my brother and is (I think admin) for a parking charge forum on the net. He was able to get both my sister and I off parking charges from a company called Parking Eye. Quote Link to comment Share on other sites More sharing options...
mered Posted April 22, 2014 Report Share Posted April 22, 2014 Ignore all their letters,including one from a supposed solicitor,don't correspond with them at all,done it three times,no problem,its all bully tactics,some letters are quite threatening,but they all fit into the shreader. Quote Link to comment Share on other sites More sharing options...
Sha Bu Le Posted April 22, 2014 Report Share Posted April 22, 2014 (edited) Last year I got a letter from a Birmingham parking enforcement agency employed by B/Ham council. CCTV stills of a car (same make and model as mine) driving through a bus only access road and then parking in a car no go area. Now being the council I could not ignore it but as I had not been to B/H for over ten years I appealed it. The picture quality was pretty poor (night time), showed the number plate but could not read all of the letters/numbers. Also when the car was filmed driving through the bus only road it had a reddish hue to it, mine is silver. When I sent my appeal in I included some pics of my car which showed a bit of dent on the nearside rear quarter which was not apparent on the B/Ham car. I also included all the correspondence with a letter to B/Ham police (worried my number plate had been copied) and asked them to put a flag on it for the traffic car cameras. Expected to get an appeal rejection but 3 weeks later letter arrived apologising for a data input error and saying the fine had been cancelled. Wrote another letter to B/Ham plod asking them to remove the flag, got a reply saying no markers had been put on my reg number. Just as well it was a data input error. Edit = typo + forgot to say I was very polite and factual and did not rant at all, not a door in sight got a kick. Edited April 22, 2014 by Sha Bu Le Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted April 22, 2014 Author Report Share Posted April 22, 2014 Stevie B - PM DiscoStu It is my brother and is (I think admin) for a parking charge forum on the net. He was able to get both my sister and I off parking charges from a company called Parking Eye. Thanks. I've just sent him a 'PM'. Quote Link to comment Share on other sites More sharing options...
mossy835 Posted April 22, 2014 Report Share Posted April 22, 2014 i work for bt, and my lorry was to long at one place so got a ticket for £70 .this email came to me thought my bt lap top, we done a google surch to where they said my lorry was parked. it was in london, iv never been to london in the lorry, so we done nothing about it, and hurd no more about it. Quote Link to comment Share on other sites More sharing options...
unclemicky Posted April 22, 2014 Report Share Posted April 22, 2014 (edited) If its from PARKING EYE do not ignore it as they will take you to court , as they are doing to me, My wife spent £95 in The Range Warrington branch £15 of that having lunch in the coffee shop ,that caused a slight delay in leaving the car park , ignored the threatening letters until I got court papers from the bulk processing court in Northampton , even though The Range after I had shown them the bank statements with their name on them phoned Parking Eye telling them to cease any legal action against me they are still proceeding to court , they are very very ruthless and they don't care , but as yours is Smart Parking I don't think they do proceed to court , best go on the PePiPoo site and get the up to date advice from there , good luck Edited April 22, 2014 by unclemicky Quote Link to comment Share on other sites More sharing options...
unclemicky Posted April 22, 2014 Report Share Posted April 22, 2014 (edited) Another good read is "The Parking Prankster" he really is a thorn in the side of the ex clampers / private parking company's , Also the money saving expert . com , also fighting against these modern day Richard Turpins Edited April 22, 2014 by unclemicky Quote Link to comment Share on other sites More sharing options...
inthedark Posted April 22, 2014 Report Share Posted April 22, 2014 If its from PARKING EYE do not ignore it as they will take you to court , as they are doing to me, My wife spent £95 in The Range Warrington branch £15 of that having lunch in the coffee shop ,that caused a slight delay in leaving the car park , ignored the threatening letters until I got court papers from the bulk processing court in Northampton , even though The Range after I had shown them the bank statements with their name on them phoned Parking Eye telling them to cease any legal action against me they are still proceeding to court , they are very very ruthless and they don't care , but as yours is Smart Parking I don't think they do proceed to court , best go on the PePiPoo site and get the up to date advice from there , good luck None of this makes sense. Does the car park belong to the range and if so what they playing at? And Court papers from Northampton for an 'offence' in Warrington? I wouldn't have thought they'd have jurisdiction. I'd be casually interested to know how how you get on in case similar happens to either me or someone I know, and good luck Quote Link to comment Share on other sites More sharing options...
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