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Reck B

Parking Tickets From Private Companies

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Last night I parked my car outside the train station, went to get some change for the machine and on my return (about 3 minutes) had a parking ticket on my windscreen requesting I pay a fee of £100 (£70 if i pay within 7 days).

I did a bit of research and found a fair bit of info on MSE (hugz) suggesting that you can safely ignore any requests from the company and subsequent collection companies/solicitors to pay this. Effectively private companies have no mandate to fine and the document on my windscreen is deemed as an invoice, as such they have no legal powers to collect. as I never agreed to the terms of the deal (driving past a notice detailing the terms is insufficent)

Anyone have any experience of this? I feel the circumstance surrounding the issue of the 'invoice' are a flipping disgrace and the amount is extortionate.

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Guest theboltonfury

Last night I parked my car outside the train station, went to get some change for the machine and on my return (about 3 minutes) had a parking ticket on my windscreen requesting I pay a fee of £100 (£70 if i pay within 7 days).

I did a bit of research and found a fair bit of info on MSE (hugz) suggesting that you can safely ignore any requests from the company and subsequent collection companies/solicitors to pay this. Effectively private companies have no mandate to fine and the document on my windscreen is deemed as an invoice, as such they have no legal powers to collect. as I never agreed to the terms of the deal (driving past a notice detailing the terms is insufficent)

Anyone have any experience of this? I feel the circumstance surrounding the issue of the 'invoice' are a flipping disgrace and the amount is extortionate.

I got a £50 fine for parking outside a bay in a train station car park. It was issued by Northern Rail and said that if I didn't pay they'd pass my details on to the DVLA. I paid it. To be fair, I had parked outside a bay.

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I got a £50 fine for parking outside a bay in a train station car park. It was issued by Northern Rail and said that if I didn't pay they'd pass my details on to the DVLA. I paid it. To be fair, I had parked outside a bay.

Don't the DVLA already have your details?

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Guest theboltonfury

Don't the DVLA already have your details?

Yes. I assumed it was to tell them that I had been naughty.

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Last night I parked my car outside the train station, went to get some change for the machine and on my return (about 3 minutes) had a parking ticket on my windscreen requesting I pay a fee of £100 (£70 if i pay within 7 days).

I did a bit of research and found a fair bit of info on MSE (hugz) suggesting that you can safely ignore any requests from the company and subsequent collection companies/solicitors to pay this. Effectively private companies have no mandate to fine and the document on my windscreen is deemed as an invoice, as such they have no legal powers to collect. as I never agreed to the terms of the deal (driving past a notice detailing the terms is insufficent)

Anyone have any experience of this? I feel the circumstance surrounding the issue of the 'invoice' are a flipping disgrace and the amount is extortionate.

It's a contractual matter, not a criminal one. This supposes that it definitely was a private parking company, not a local authority. They claim the money on the basis of your brech of contract - i.e. your failure to pay the contracted parking fee.

They have to first show that a valid contract was concluded and if there were adequate signs displaying the terms of the contract then there probably will have been. However, they have to show that you were actually the person they contracted with and that is the difficult bit for them as it's unlikely they can show that you were driving at the time. Contracts are personal to the parties invloved (privity of contract) so have noting to do with the keeper of the vehicle, unless he was the one driving but they still need to show that. I do not believe that DVLA should be giving out this sort of information to private parking companies as it breaches the rules laid down in the relevant Act.

Depending on the terms of the contract you may or may not be liable to pay the money. From what you say you probably aren't as it's a pay and display car park. If a party is in breach then the other party has a right to claim damages to compensate him for the breach. Damages must be the actual loss incurred, no more and no less, otherwise it will be held to be a contractual penalty and void. So, what is the other parties actual loss? The amount of the parking charge would seem sensible, not £70, let alone £100.

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Yes. I assumed it was to tell them that I had been naughty.

It's nothing to do with DVLA, it's a private contractual dispute (assuming that Northern Rail aren't in the position of a local authority or something).

What they mean is "we'll get the car's keeper details from DVLA so we can harrass you".

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I started a similar thread on this a while ago Thread

The best advice seems to be to ignore these jokers. It is a different matter when its issued by the council, although they are still scum in my view, they are just scum with more powers to screw you over.

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It's a contractual matter, not a criminal one. This supposes that it definitely was a private parking company, not a local authority. They claim the money on the basis of your brech of contract - i.e. your failure to pay the contracted parking fee.

They have to first show that a valid contract was concluded and if there were adequate signs displaying the terms of the contract then there probably will have been. However, they have to show that you were actually the person they contracted with and that is the difficult bit for them as it's unlikely they can show that you were driving at the time. Contracts are personal to the parties invloved (privity of contract) so have noting to do with the keeper of the vehicle, unless he was the one driving but they still need to show that. I do not believe that DVLA should be giving out this sort of information to private parking companies as it breaches the rules laid down in the relevant Act.

Depending on the terms of the contract you may or may not be liable to pay the money. From what you say you probably aren't as it's a pay and display car park. If a party is in breach then the other party has a right to claim damages to compensate him for the breach. Damages must be the actual loss incurred, no more and no less, otherwise it will be held to be a contractual penalty and void. So, what is the other parties actual loss? The amount of the parking charge would seem sensible, not £70, let alone £100.

Anarchist.

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Guest theboltonfury

It's nothing to do with DVLA, it's a private contractual dispute (assuming that Northern Rail aren't in the position of a local authority or something).

What they mean is "we'll get the car's keeper details from DVLA so we can harrass you".

I felt that because it was an official train station car park then I was probably needing to pay.

Should I have told them no?

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If there were no / inadequate signage then you can merrily put your feet up and let them do their worst. I saved one of my staff £80 by advising them to do this; their mate had paid up but I told her just to wait, ignore the letters, and let them take you to court. They will never do this (costs too much) and they would anyway lose because of the poor signage (hidden by another parked car). After the initial flurry of letters it's now two years since the last one; £80 up and a victory.

Whether you do this depends on how confident you are about ignoring their letters. If there was a huge sign up clearly visible to everybody then they might take you to court because they know they'll win. Up to you.

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Guest theboltonfury

If there were no / inadequate signage then you can merrily put your feet up and let them do their worst. I saved one of my staff £80 by advising them to do this; their mate had paid up but I told her just to wait, ignore the letters, and let them take you to court. They will never do this (costs too much) and they would anyway lose because of the poor signage (hidden by another parked car). After the initial flurry of letters it's now two years since the last one; £80 up and a victory.

Whether you do this depends on how confident you are about ignoring their letters. If there was a huge sign up clearly visible to everybody then they might take you to court because they know they'll win. Up to you.

I always worry that they can stick things like this on your credit record etc etc which can screw you for other stuff?

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I felt that because it was an official train station car park then I was probably needing to pay.

Should I have told them no?

If it was a private car park, operated by a private company then I would have done. I'm not so sure about rail stations though, I don't know if they come under some local authority type of jurisdiction or something. Lots of rail property is state owned and run (Acts of Parliament were passed in order for railways to be built so that the land could be compulsorily purchased, we have British Transport Police, etc) so it may be that rail property is a bit like local authorty property or something.

If that was the case, howver, the relevant statutory authority under which you were being fined would have been stated on the ticket. If you get one from the council for parking on a double yellow, for instance, it will say "Road Traffic Act, Sec.XXX".

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If there were no / inadequate signage then you can merrily put your feet up and let them do their worst. I saved one of my staff £80 by advising them to do this; their mate had paid up but I told her just to wait, ignore the letters, and let them take you to court. They will never do this (costs too much) and they would anyway lose because of the poor signage (hidden by another parked car). After the initial flurry of letters it's now two years since the last one; £80 up and a victory.

Whether you do this depends on how confident you are about ignoring their letters. If there was a huge sign up clearly visible to everybody then they might take you to court because they know they'll win. Up to you.

They'd still have to show that it was you who they'd contracted with though. This would be incredibly difficult for them to do.

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I always worry that they can stick things like this on your credit record etc etc which can screw you for other stuff?

You haven't given them any authority to access your credit record and they don't know who you are anyway. Even then, they wouldn't because the charge is unenforcible and hence void. Putting anything on your credit record (if they could even find out who you were) would be defamatory which you could sue them for.

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I usually keep my car registered at one of our BTL places, thus avoiding much unwanted mail from quasi-human moneygrabbing shitcreeps.

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Guest X-QUORK

Have your day in court. I'd like to see the ticket issuers persuade a magistrate that three minutes is a reasonable amount of time to allow you to buy a ticket.

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  • 259 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
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      • Even
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      • up 5%



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