Overstay Parking "Fine" (1 Viewer)

[normanandsue]

I have just received a "Parking Charge" notice from a company called "Parking Eye"
The fine states I overstayed the limited parking time on 4th January by 45 minutes.
The reason this happened was due to us visiting 3 stores in the same retail park that all have separate car parks. (I realise this now but did not then)So rather than move the car across the road I stayed in the same car park and concluded all my business.

There have been several threads on this last year, but I can't find them now, suggesting this was not a legally enforceable fine and that I should either ignore the notice or send a part payment.


Could someone point me to the relevant thread or refresh my memory please?

Norman

 

[lunarman]

The daughter got a Parking charge notice for £70 from ASDA for parking in a disabled bay without a blue badge. The charge was increased because she had not responded within 14 days of the ticket on the windscreen. When we questioned this as she had a blue badge and no ticket had been put on the windscreen they they produced this picture.

They are now looking for an attendant who knows the different ends of a car.

 

[lunarman]

Lots of information on here http://forums.moneysavingexpert.com/forumdisplay.php?f=163

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[GJH]

There were two threads a few months ago Broken Link Removed and Broken Link Removed.

Whether you would get away with ignoring the notice or have to bear the consequences of the mistake probably depends on the current attitude of the company involved.

 

[movan]

I paid my first two but ignored the last one. Eventually they gave up. All of them had been given unjustifiably in my opinion. Bear in mind they will make it really awkward for you in the hope you pay ... eg. asking for photos, receipts, etc., etc.... I even had a policewoman confirm I was parked legally .... I still had to keep replying to stupid mails from them.... If you think you are justified, then DON'T pay..

 

[sdc77]

You should really not ignore the ticket... But they should provide you with a reference number for popla.. The best site to go to for advice is pepipoo.. You will need to register I think to post something but it's free and it is to tickets what mhf is to motorhomes... Good luck!

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[StitchUp]

Some interesting reading here:

http://forums.moneysavingexpert.com/showthread.php?t=2294335


QUOTE

"If you get a parking note from anyone other than the police or the council.

Do not pay, Do not pay, Do not pay, These 'fines' are not fines, they are invoices and as such are unenforceable.

Ignore them at all costs and never acknowledge them."

 

[GJH]

Strictly speaking it's untrue to say these invoices are unenforceable. The main factor is how far the company will go to enforce it.

 

[ShiftZZ]

If they are 'debts' and that debt remains unpaid, could they register that debt with the credit reference agencies?

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[ShiftZZ]

Is there a danger here that the owners of the car parks will not get any revenue from those who use and abuse the facility and they could revert back to having barriers.

Funny how people think they can just park anywhere at any time and for free.:Blush:

Yes, some supermarket car parks have been abused and that one of the reasons why they have resorted to these tactics, again it’s the masses paying for the abuse of the few, as always.

Another example, is having to pay a deposit on trolleys, because some could not be bothered to return them.

 

[GJH]

The closest analogy I've seen to a parking fine is accidentally breaking an ornament in an antique shop having passed a sign on the door saying "All breakages must be paid for".

Nobody means to break the ornament, both he who does and owner are sorry and wish it hadn't happened but the damage has to be paid for. An antique shop (rather than another type of shop) is appropriate because the value of an antique is open to debate just as the sizes of parking charges are often criticised as too high.

 

[Yorick]

The closest analogy I've seen to a parking fine is accidentally breaking an ornament in an antique shop having passed a sign on the door saying "All breakages must be paid for".
Nobody means to break the ornament, both he who does and owner are sorry and wish it hadn't happened but the damage has to be paid for

That actually is rubbish. And it's actually illegal to display that sign.

To display goods is the offer of a contract. As no contract has taken place, nothing can be done.

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[movan]

not all offenders are at fault though. Overzealous bullyboy attendants were employed by the car park I ... and many others ... received fines on.

I was legally parked. They said they couldn't see the bottom part of mum's blue badge.. There was a policewoman there who when asked said that she could see it fine. Also, they put the ticket on the window when I left the car for two minutes to put rubbish in a bin and dashed away before I could collar them.... I wish my mum had hit them with her walking stick but it was a good day for her.:Cool:

Another woman was 'done' at the same time because she had parked on the ziggy bit next to the space on the car park. They gave her a load of abuse.

So there are always grey areas and exceptions.

PS they gave my 93 yr old neighbour a fine because he didn't turn the cardboard clock to a time... he wasn't aware he needed to when he had the blue badge on show on the public car park ... they had his arrival time on ctv. He didn't pay and they gave up asking.

 

[Tootles]

Another example, is having to pay a deposit on trolleys, because some could not be bothered to return them.

Failed to return them??? Check your local canal, makes the average trolley park look like the inside of a pork butchers shop in Tel Aviv.
Plus, they nick them for scrap, but they don't get a quid for them, hence the £1.00 charge.

 

[Chockswahay]

It is a (very small) gamble but if you ignore them they will probably go away in the end.

I had a 'fine' for parking in a disabled space a couple of years ago. Doesn't sound unreasonable you may say…………….

BUT………….. it was 5 pm in the afternoon in January, cold, wet, dark and not a SINGLE car apart from me in over 200 spaces!!

I parked in the disabled space just to quickly pop in and out of Halfords and avoid getting wet. I used common sense and figured that there was plenty of space for anyone else while I did this.

The over zealous parking attendant issue the fine and disappeared before I got back.

These companies are well known for their bully boy tactics and rather threatening letters.

I would say that if you are uncomfortable with the grief and bullying you will receive then pay the fine for peace of mind. If you fancy a fight then don't pay………….. they might give up in the end.

It's a choice only you can make. We re all on the sidelines. Good luck :thumb:

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[lorger]

Norman I'm sure you'll do whatevz you feel is the right thing todo.

As for the shopping trolleys is it not to save the supermarkets employing someone to do this.

 

[milpol1]

Please go to this website....http://forums.pepipoo.com/

They are a fantastic bunch and will help, I managed to get off a penalty charge with there help.

Dave

 

[GJH]

[HI]That actually is rubbish. And it's actually illegal to display that sign.[/HI]

To display goods is the offer of a contract. As no contract has taken place, nothing can be done.

Can you point us to the legislation which makes it illegal to display the sign?

I agree that in the case of the shop breakage it is not contract law which has effect but the tort of negligence. However, the point is the analogy that the negligence which caused the breakage is equivalent to a mistake in overstaying a parking limit. The effect of both is the same, that a liability is created.

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[estcres]

I think you should just pay it.

If you and everybody else doesn't pay their "parking fines" the employees of the parking enforcemnent companies could be made redundant, they will then be entitled to state benefits because they will not want to return to home nation, these benefits will add to the nations debt, you will then entail the wrauth of Mr. Osbourne as he will not be able to balance the nations books, this in turn could lead to further austerity measures which will affect many poor people who will then vote for UKIP at the next general election which in turn could cause the country to leave Europe which could, in turn cause the collapse of the European Union and every nation becoming nationalistic and subsequently a war could break out.

So it's all your fault for not paying your "parking fine":Blush::Blush:

The whole world is waiting for you to pay.

 

[movan]

.... I'm on my way to the post box right now.....

 

[Yorick]

Can you point us to the legislation which makes it illegal to display the sign?

I agree that in the case of the shop breakage it is not contract law which has effect but the tort of negligence. However, the point is the analogy that the negligence which caused the breakage is equivalent to a mistake in overstaying a parking limit. The effect of both is the same, that a liability is created.

That sign is implying that a contract was made. Putting goods on display comes with the risk of goods being broken.
No contract means nothing can be done.


In the parking example, there are enough signs about to create an implied contract

[FONT=&quot]Displayed goods for sale (or rent) are only an Invitation To Treat and breakages do not obligate purchase or compensation tobe paid to the shop owner, even if a warning sign states it does.

[/FONT]
[FONT=&quot]Legally there is no contract of purchase until the goods are paid for, they are on the shelf as 'an offer to treat' therefore if they are damaged whilst in the store it's the same as if they are damaged in your house by your neighbour.
If the shop owner calls the police and suggests that you have damaged the goods deliberately you could be charged with willful damage and tresspass (your intention was to enter the property to do harm....)...however there is no mechanism to make you 'pay' for the damage unless the shop owner sues you for loss and damage after you have been found guilty for the criminal charge, otherwise the shop owner is basically wasting their time.....
[/FONT]

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[Griffs]

parking

A couple of months ago I went to our local bank at 10am ,(wrong bank book) drove straight out ,went back at 1.15 pm left at1.30 pm, a week later parking fine for over the limit ,max parking time is 30m, the bank manager got it sorted and stated on no account phone them or pay any fine.

The fine was all done by camera, and I notice more of the cameras being fitted in different shopping centres.

A neighbour of ours is 73 and was booked for disabled badge facing wrong way, she payed the fine out of worry ,But does know if it happens again were to bring them.

As regards to trolley payement,yes it is another job loss, but the only time we purchased a new car it was knocked within a month by some t**t with a trolley:Angry:

 

[funflair]

Hi Norman

About 10 months ago I parked in a college car park, went to the machine to pay and it was displaying "out of use" tried another machine but was not switched on and no other machines so went for appointment.

I came out an hour later to a parking ticket from private company not council. I wrote to protest but they did not respond to my points and told me to pay so I just ignored all of their letters and threats, I did ask to go to court but they did not want that and said that would be a last resort, they now seem to have left me alone but you do need to be thick skinned as they pass it around various debt collection agencies.

Martin

 

[Yorick]

About 4 years ago I got a 'fine' when I nipped into Wickes.

I had no intention of speaking to the car park folk, instead I demanded that Wickes paid it as I was shopping in their store.

When they refused to pay, I went into the store with some paperwork pertaining to the £15,000 kitchen we had just ordered and asked to cancel it.

When I explained why, the manager almost blew a gasket as he ran down the store. Breathless, he promised to cancel the ticket.

Smug doesn't do it justice

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[wardj2010]

Parking Eye / POPLA

Hi all,
Still a bit of a newby (well more of a born again from series 2 VW days)and not a keep poster but a word to the wise about POPLA - I was charged by Parking Eye for being at a venue when not registered (mistake on someone else's part) - despite clear evidence that I was within my rights Parking Eye kept hassling me and suggested POPLA - as I was so confident that I was within my rights I decided to present my 'case' to them even though common sense told me to ignore it all together - guess what POPLA agreed that I was within my rights but a technical infringement ie the mistake by someone else meant that they determined that I was still technically in the wrong and was liable to pay - and now Parking Eye have a water tight case to present to local court enforcement!!! so good bye £100 - my advice tough it out.
simple soul

 

[ericonabike]

Surely the misleading aspect here is that you have been 'fined'. You have not. Fines arise from criminal offences and are dealt with under criminal law. You have entered into a contract with the company [they have signs displayed to that effect] that in exchange for the right to park you will comply with the contract conditions. These conditions must be reasonable for the contract to be valid, but only a court could determine if that were so.

If you do nothing, you will not face a criminal court [prosecution]. You MAY end up in a civil court, where the validity of the contract and its reasonableness etc could be tested. This would be a gamble for the company concerned, and for you, since if judgement goes against you, then presumably the court could award costs against you. I would be interested to hear if anyone has been pursued to a court hearing and if so what was their experience.

 

[camcondor]

Ericonabike is quite right. These ridiculous charges levied by private parking companies on the public they so like to rip off are mot "fines", and are not allowed by law to be called fines either.

The old advice of just ignoring private parking charge notices no longer stands though, please do heed this advice - Parking Eye in particular have shown a penchant for going to Court if ignored. You WILL win the case if you very carefully follow the advice given on pepipoo.com or moneysavingexpert websites parking forum - some folk on there are really helpful and you WILL win.

These private parking companies are the lowest of the low - absolute scum for the most part.

Definitely go down the POPLA appeal route and take it all the way, if you do it correctly you will win, no doubt about that, and you will not need expensive legal representation either. Please check those websites out, they have all the info you will need and people who will help all the way.

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[camcondor]

Surely the misleading aspect here is that you have been 'fined'. You have not. Fines arise from criminal offences and are dealt with under criminal law. You have entered into a contract with the company [they have signs displayed to that effect] that in exchange for the right to park you will comply with the contract conditions. These conditions must be reasonable for the contract to be valid, but only a court could determine if that were so.

If you do nothing, you will not face a criminal court [prosecution]. You MAY end up in a civil court, where the validity of the contract and its reasonableness etc could be tested. This would be a gamble for the company concerned, and for you, since if judgement goes against you, then presumably the court could award costs against you. I would be interested to hear if anyone has been pursued to a court hearing and if so what was their experience.

Although only the minimum number of cases do go to court, Parking Eye by far and away make up the highest number of those that do. Only people who really either do not turn up on the Court day or do not follow the advice in preparing their defence, "lose" the case, and even then, the payment or costs are limited and you have some time allowed to pay the costs and you will not have bailiffs turn up etc unless you fail to pay at that stage, so there is no danger of damage to your credit rating.

 

[normanandsue]

Hi everyone,
Thank you for all your helpful advice! Having just returned from 10 glorious days in Lanzarote I was pleased to receive a positive response from my dealings with Aldi.
Initially I phoned the nice young lady and explained what had happened - her response to request evidence via a credit card statement that I had indeed visited their store on the precise date and time of my ionfringment of their parking rules.
The first letter I received from Aldi said
"........... As it is apparent you shop with us on a regular basis and have never previously overstayed, we have instructed Parking Eye to cancel this parking charge notice."

The second letter was from Parking Eye confirming the parking charge had been cancelled.

Nice one Aldi I shall continue to be a satisfied customer, making sure I don't repeat the offence.

Norman

 

[pappajohn]

MONEYSAVINGEXPERT,COM.........Updated 1st Oct 2013


http://www.moneysavingexpert.com/reclaim/private-parking-tickets

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