Parking Charge Notice

Jun 30, 2015
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I parked for an hour in a private car park monitored by “P” Smart Parking. Having paid for a ticket (0.80p) it would appear that I over stayed my welcome by 15 minutes. They have now sent me a Parking Charge Notice for £100 reduced to £60 if paid within 15 days. Unfortunately, having been away on holiday for the past month, the 15 days has passed. Anybody had dealings with these extortionists before. Any advice appreciated.
 

DanielFord

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Jun 1, 2013
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It depends how you want to handle it. They have exactly no legs to stand on, and are relying on contract law, not criminal law to proceed. If you choose to completely ignore them, they will likely threaten to send in the debt collectors, it is important you understand the difference between a bailiff and a debt collector. A debt collector has exactly zero rights, and relies on you not realising this. A bailiff, however does have certain rights backed by law, but most of them overstep their legal standing. I recently took one to court and won.
Should you choose to opt for option 2, you can fight them in court, they really don't want you to do this, since it is a civil matter (parking on private land) they will be required to show how you disadvantaged the landowner, and the charge has to be proportionate, so far I think I am correct in saying that every parking company has lost, or had their charges reduced significantly and the parking company had to pay costs in every single instance (hence why they don't want to go down that route)
Option 3, you pay up. Make them an offer of £10 for full and final payment, and send them a cheque. If they cash it, the matter is closed, as long as you state in a covering letter that the payment is for full and final payment.

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OP
Highfour
Jun 30, 2015
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Appeal submitted using Martin Lewis’s template. I will post the result as soon as it comes in although I suspect that this will end up as an appeal to the Trade Body and even County Court. Many thanks for the steer.
 

Langtoftlad

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How on earth a 15 minute overstay in a carpark can justify a £100 charge is beyond me.
Highway robbery!

Richard.
Not really if it's clearly signposted - that's the agreement you enter into...
It's not a charge for overstaying, it's a penalty because the landowner really doesn't want you to overstay... the period is irrelevant, 10 mins, an hour or 10 hours.
Nevertheless, I'd be pretty pe*d off too & would exhaust all legal means to avoid having to pay the penalty.

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Oct 17, 2016
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How on earth a 15 minute overstay in a carpark can justify a £100 charge is beyond me.
Highway robbery!

Richard.
To stop people overstaying.....but it doesn’t work. If everyone overstayed by 10 minutes, by the end of the day each bay would have lost at least an hours revenue. Where parking spaces are at a premium that could mean a lot of money for the owner. Mike
 

PeteH

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I use the alarm feature on my phone set 10 minutes early to the ticket expiry time to allow me time to get back to the car or van. (y)

Useful idea, However punitive so called "penalties" are part of the Business plan of this type of organisation, Most of their money is made from gullible people paying up!. they rely on it to the extent of actually monitoring the times.
 
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Not really if it's clearly signposted - that's the agreement you enter into...
It's not a charge for overstaying, it's a penalty because the landowner really doesn't want you to overstay... the period is irrelevant, 10 mins, an hour or 10 hours.
Nevertheless, I'd be pretty pe*d off too & would exhaust all legal means to avoid having to pay the penalty.

Who reads the signs ? That's like saying that you packed your own bag at the airport.:LOL:
 

soreeyes

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The letter is the same as an invoice . Ignoring it they might go away but they could follow it up and take you to court which will then entail fees .

It a gamble .

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Jul 4, 2016
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The letter is the same as an invoice . Ignoring it they might go away but they could follow it up and take you to court which will then entail fees .

It a gamble .
Take a look here to work out the gamble.

scroll down to court activity.

http://www.bmpa.eu/companydata/Smart_Parking.html

I have looked into this on behalf of my daughter who got a parking charge. In the end, i paid for her as these shark companies have started using a shyte tactic to recover un paid debts. Their invoice is valid for 6 years, (could be 7?).
After 6 years they have been known to take you to court. you have moved on and know nothing about it. They win by default and you get a CCJ.

I didn't want this hanging over daughter at her young age.
 
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Langtoftlad

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Who reads the signs ? That's like saying that you packed your own bag at the airport.:LOL:
As an ex airline crew member - I took that quite seriously :cool:...
I was onboard two flights which were diverted due to incidents where it was discovered a passenger hadn't packed his own bags :eek:... but I digress...

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EX51SSS

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Around 2 years ago I overstayed at an Aldi store and got a charge. I completely ignored it. They wrote twice more then nothing. When I read on line regarding this, one of the options, including Martin Lewis, was to ignore then they've no reference point. Actually, the car was registered in Swmbos name and she doesn't have to say who was driving anyway.
 

PeteH

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On a similar, but unrelated theme. Some years back, my buddy, who sadly died 2 yr ago, was having issues with a car. He took it out to test and being unsure, asked his son to test it separately. Both tests took place within a few minutes of each other on the same stretch of road. Later he got a "speeding fine" through the post, 35 in a 30 or some thing, which he disputed. As part of the "package" there was a photograph allegedly of the driver, which I saw. The issue was WHO was driving, the photo was unclear, and both my pal and his son where of similar build so he asked the police to say who they thought it was. The upshot was the Case was dropped, when my pal just said "OK if you dont know, we dont know lets let a magistrate decide".
 
Aug 27, 2009
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Just pay up for your overstay in their car park and be more aware next time. The alternative will give you sleepless nights. It is only a hundred quid after all...(y)

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EX51SSS

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Just pay up for your overstay in their car park and be more aware next time. The alternative will give you sleepless nights. It is only a hundred quid after all...(y)
710.jpg
 

Silver-Fox

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Sorry EX but I cant believe that anyone who has Motorhoming as their leisure activity choice cant find the cash to fund their parking fines.:coffee:

You seem to have a very narrow view of all who Motorhome :rolleyes:

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Jan 11, 2010
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Well that`s our 12th year & still loving it.
Can you afford to pay your parking fines SF:whistle:

Just a small point, they are not a fine, they don`t have the authority to issue a fine, parking isn`t a criminal offence.
If the likes of parking eye do want to take it to a civil court they can but it will cost them. hence why some people just ignore them.
Others pay up because it`s what some people do.
 

scotjimland

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Years go Aldi introduced parking controls to stop commuters parking for free all day, instead of using the train station car park which is Pay and Display ..thereby depriving shoppers of a parking place.. what's wrong with that ?

Nearly all retail parks and supermarkets have parking controls for the same reason.. the signs are always prominently placed and quite clear what will happen if you overstay the time limit.
Our local Tesco has a 3 hour limit.. as does John Lewis.. Three hours is more than adequate to do a weeks shop.. or to enjoy a browse in John Lewis.

Why anyone needs more than 3 hours to do a weeks shop is beyond me.

selfish people have forced retailers to take action to stop parking abuse .. they don't do it to annoy you or make money from fines.. . it's for YOUR benefit

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EX51SSS

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Years go Aldi introduced parking controls to stop commuters parking for free all day, instead of using the train station car park which is Pay and Display ..thereby depriving shoppers of a parking place.. what's wrong with that ?

Nearly all retail parks and supermarkets have parking controls for the same reason.. the signs are always prominently placed and quite clear what will happen if you overstay the time limit.
Our local Tesco has a 3 hour limit.. as does John Lewis.. Three hours is more than adequate to do a weeks shop.. or to enjoy a browse in John Lewis.

Why anyone needs more than 3 hours to do a weeks shop is beyond me.

selfish people have forced retailers to take action to stop parking abuse .. they don't do it to annoy you or make money from fines.. . it's for YOUR benefit
Along with others, I was in Aldi for 1 hour 40 minutes, shopping and then waiting for the tills. I'd have been out in under an hour had the check outs been efficient. There were problems at the check outs and it was extremely busy. So give me a £60.00 fine because they only had 1 till working and in store problems. Not my fault but theirs.
I know lots of people who could browse in John Lewis for over 3 hours, trying on clothes etc.
 

scotjimland

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Along with others, I was in Aldi for 1 hour 40 minutes, shopping and then waiting for the tills. I'd have been out in under an hour had the check outs been efficient. There were problems at the check outs and it was extremely busy. So give me a £60.00 fine because they only had 1 till working and in store problems. Not my fault but theirs.
I know lots of people who could browse in John Lewis for over 3 hours, trying on clothes etc.

I'm sure if you had spoken to the store manager they would have cancelled the fine.. did you do that ?

you can make up plenty of scenarios or stories to try and justify a parking overstay.. and I'm sure many have been tried.. and thrown out .. bottom line is stick to the rules and you don't get fined.. simples.

btw .. our JL doesn't have a ladies or gents fashion department.. only homewares. We browse and have a coffee.. but it's never taken three hours..
 
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Just a small point, they are not a fine, they don`t have the authority to issue a fine, parking isn`t a criminal offence.
If the likes of parking eye do want to take it to a civil court they can but it will cost them. hence why some people just ignore them.
Others pay up because it`s what some people do.
Why don't we see motorhomes sleeping in supermarket carparks or blocking our high streets rob , is it concern of a charge/fine or is it a respect for the rules/regulations. From what you are suggesting, sleeping in a hospital car park or any other private ground should be fine as long as you bin any communication. Are you sure... Criminal offence or not, you will still have Bailiffs looking for an open door to gain entry.

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