Parking tickets (PRIVATE CAPARKS)

Discussion in 'Motorhome Chat' started by Johns_Cross_Motorhomes, Jan 20, 2012.

  1. Johns_Cross_Motorhomes

    Johns_Cross_Motorhomes Trader - Motorhome & Accessory Sales

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    interesting!


    Tickets issued by private companies
    Private companies can issue tickets to drivers parked on their property, but the rules are not the same as local authorities.
    If you receive a ticket in a private car park, such as a supermarket car park, or private multi-story car park, remember that it is not criminal law, but contract law that applies. The driver enters into a contract with the landowner when they driver into the car park.
    This means that it is only the driver that can be subject to a ticket from a private company. If they do not know who the driver was, they cannot claim a penalty. They have no legal right to demand that you identify the driver.
    If you are approached by a member of staff inside a private car park there is no obligation for you to assist them in any way
    If the company wish to pursue a claim in the small claims court, they have to prove that you were the driver of the car. Any comments that you make may assist them in this aim, so best to say nothing.
    If you refuse to pay, the private company has to pursue you through the small claims court. It is up to them to prove a breach of contract so look at the terms carefully. These are usually printed on a sign at the entrance to the car park.
    Additionally, you may be able to reduce any fine issued by a private company. Under contract law, they can only claim for any loss they have suffered because of your offence. They may try to claim a penalty of, say, £100, but in law they may only be entitled to any revenue they had lost. So, if you pay £2 to park for one hour, but stay for three hours, they can only claim for two hours of lost revenue, which is £4.
     
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  2. pappajohn

    pappajohn Funster Life Member

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    the owner of NCP car parks started out with a small plot of land and was related to Dick Turpin...........he is still related to Dick Turpin but owns a lot more land :Wink:



    you are not issued with a parking ticket...you are issued with an invoice......if only more people would read this and take the advise given, the rogue 'parking wardens' would soon give up.
     
  3. GJH

    GJH Funster Life Member

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    All true and there is no excuse for any private landowner trying to make a fortune out of unsuspecting members of the public.

    At the same time, though, landowners must have some way of combating abuse by individuals who are just too tight to pay for parking and end up causing problems for the general public as well as landowners.

    At the end of the day abuse is wrong on both sides.
     
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  4. Phill D

    Phill D

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    Whats the score then if you are parked outside a recognised bay and get a ticket? :Doh:
     
  5. pappajohn

    pappajohn Funster Life Member

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    authority car park....pay it !
    private car park...ignore it.
     
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  6. pappajohn

    pappajohn Funster Life Member

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    sorry, should have said ...pay it or contest it. :Doh:
     
  7. motorhomelover

    motorhomelover

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    thank you for this information it is good to know
    :thumb::thumb:

    Keep us all informed and thanks again
    Ian
     
  8. robnchris

    robnchris Funster

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    private car park

    Our Daughter was issued with such a ticket saying if she paid now it would be £50 it it went past a certain date the fine would be doubled.
    I told her ignore it, a few weeks later the next one was more threating again I told her ignore it.
    The third came promising all sorts of threats if she didn`t pay.
    Again ignored and after that nothing.
    It seems they will persue you with wild scary threats hoping that most people will cave in and pay 3 letters appears to be the norm.

    Of course the only way they can persue you is in the small claims court which means they have to attend which of course would cost them more than the fine.

    So lesson learnt by this, throw those bogus threats in the bin.:thumb:
     
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  9. rangitira

    rangitira Funster

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    Thanks Pete:thumb:

    Already knew the basics of this, but thank you for going into more detail:thumb:
     
  10. weekenders

    weekenders Funster Life Member

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    So Mr Johncross, shouldwe have ignored the fine from Thistle hotel in Poole, after paying but our time ran over?? fine said if you dont pay it would be double, rang the hotel and they did not deal with it private company
     
  11. Reallyretired

    Reallyretired Funster

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    When I was full time employed I used to be on the appeals committee for parking fines at the hospital. The penalties were dealt with by a private parking company and their unwritten policy was that if you ignored 3 notices they wrote it off. It is usually too much hassle and expense for them to actually take anyone to court, with no guarantee of winning.
     
  12. BritStops

    BritStops Trader BritStop Owner

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    This site has a lot more information on the whole issue of dealing with "tickets" from private parking companies.

    And here is a useful page with scanned copies of all the letters you may receive from the various companies as they get increasingly shouty and snarly. :RollEyes:

    Steve
     
  13. suavecarve

    suavecarve Funster

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    As someone who has handed out proper tickets and now hands out proper invoices pretty much all the above is correct and sound advice of saying nothing and not replying to their letters. Only the Chief Police Officer of an area has the right to tell the owner to name the driver (or a court i suppose). The only slight thing i would disagree with is the amount they can charge. They have to be able to pay the staff's wages and costs of letters they send out on top of overheads such as hand held machines so it might be £2 for the space but the rest is made up of paperwork amounting to the £50. Still who cares cos you dont have to pay it.
     
  14. pappajohn

    pappajohn Funster Life Member

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    but they all fit in the same waste bin :thumb:
     
  15. BritStops

    BritStops Trader BritStop Owner

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    Yep! :Rofl1:

    Forgot to add that all the recipients of the ignored letters that are scanned and posted on that site have never paid a penny in "fines", or been taken to court.

    Steve
     
  16. 1_man_and_his_dob(lo)

    1_man_and_his_dob(lo) Funster

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    Useful information and good to know...

    ...but I'm curious. Is everyone here saying it's OK to ignore these because the fines are usually OTT for the misdemeanour committed (staying too long in a supermarket car park, parking where you shouldn't for 20 minutes)?

    Is it a case that you would pay if the fine was reasonable and you had committed the offence?

    Or is the general opinion that it's OK to ignore these and not pay just because you can and it saves you some money, even though you might be breaking a moral code?
     
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  17. motor roamin

    motor roamin Funster

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    I had one of these after parking for longer than 2 hours on a motorway services in my car, I had had a meeting with 7 other people and had an exspensive meal that was more suited to a cobblers shop than a restaurant, any way I get a demand rather threatening for £60.00 or they will take me to court, I did reply it read, let me know when and where I will see you there, never heard any more.

    All the best Rick.
     
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  18. Reallyretired

    Reallyretired Funster

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    If the fee was reasonable, and I had committed the offence then I would pay it. However these fees are rarely reasonable in the sense that they should represent the liquidated damages suffered as a result of your action.

    For example if you overstayed in a car park charging £1 an hour then the loss suffered is that someone else couldn't park there and so they have lost a parking fee so perhaps £1-2 for the lost income + £2.50 for the DVLA fee + a bit for the letter would be reasonable say £10 or less.

    Of course you could argue that if the car park was not full and/or if parking was free then they will not have lost any income so have no claim for damages.

    However the charges are never reasonable in practice so its a bit of an academic question.

    In my experience the landowners do not pay the parking company who rely solely on the money they can extort to pay their staff etc plus a cut to the landowner, so they could not operate with a reasonable charge.
     
  19. GJH

    GJH Funster Life Member

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    There's the rub isn't it.

    The reason why restrictions are in place is because without them spaces would not be available for the people they are intended for - basically customers of the business (all of us really).

    I wonder how many people who do park for longer than they should also rant and rave when they can't find somewhere to park, possibly because someone else has overstayed :Smile:
     
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  20. algill

    algill Funster

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    I've just had letter no 2 from a company called G24 Ltd. It wasn't me driving either! :Eeek:

    Gill went for a meal with work colleagues and parked in the nearby Wickes and other outlets car park without even realising she was doing anything wrong as it was night time and all the stores were closed. Some of her colleagues parked there too.

    Aparantly parking was free for 2 hours but she stayed 2 hrs 25 mins. In the first letter they stated the charge was £70 reduced to £50 if paid in 14 days.

    We didn't pay it so the second letter states that it's a "contractual parking charge notice" and goes to some lengths to explain how they have obtained my details from DVLA. It also states that I will receive a final notice in 28 days. As a matter of interest the letter is signed with an elaborate squiggle but no name.

    Now I can understand there has to be parking restrictions there in the day time in order to allow space for store customers and to stop people parking and walking into town. However, once the stores are closed I can't see why it shouldn't it be used for customers of local restaurants etc.

    I'm now waiting for letter no 3. From what I've read that may be the last as they give up after that. :thumb:

    Al
     
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