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SuperDave

Private parking charges

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I'm sure it will be..... I have had loads of tickets from the likes of "Parking Eye" just ignore them and they go away but their letters can be pretty intimidating if you are not used to these wankers....I hope that they get fleeced though I suspect that they will have insurance for this kind of stuff so will go straight onto our insurance premiums...

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I'm sure it will be..... I have had loads of tickets from the likes of "Parking Eye" just ignore them and they go away but their letters can be pretty intimidating if you are not used to these wankers....I hope that they get fleeced though I suspect that they will have insurance for this kind of stuff so will go straight onto our insurance premiums...

 

Agreed +1

I just totally ignored every single one of their stupid intimidating letters (free fuel for wood burner lol) and they just stopped sending them after a while. F%$K "parking eye" they can stick their fines where the sun don't shine. They have NO powers and NO laws to enforce them, anyone reading this should ignore and not even respond to any letters they receive from these bunch of cowboys. They ain't even worth the paper they are written on.

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That's not totally true anymore as some of them started taking small claims court actio.

 

Usually people paid up at that point, but cases that made it to court with a decent arguement usually resulted in awards of actual loss (ie £5 ticket value) rather than anything like the £100 penalty.

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Parking eye: Any letter/invoice which says Parking charge notice is not enforable and you can bin it but some companies are going through the Route of ccj now.

Bailiff can not get involved as no writ of control from TEC and if debt is less than £500 the CCj can not get transfered to a high court writ

But

6 apr 2014 the Taking control of goods regulation has been amended( applies to bailiffs & HCEO)

As the initialy letter is now charged at £75 rather than £11.20 in the past,majority of local authorites have either gone in house or intend to do so as they keep the £75 per case(which totally up to a lot of money in a financial year).

So most of the bailiff companies were short of work and approached the private parking firms and got the work of them,on a case paid in full the bailiff company get a certain sum.

The problem was/is the bailiff companies couldnt legally enforce the tickets and they could only REQUEST people to pay it,many people paid but than the problem started.

An anpr van driving on the road used to ping a registration number, a request note used to be left on the windscreen to pay,the local authorites didnt accept this practice as no warrant in place and it was just negative publicity for the local authority who were not gaining or losing anything of this and the people who had paid previously than started approaching the courts from where bailiffs had got their bailiff licences to make complaint that the bailiff had enforced or used his authoirty to enforce on a debt without a warrant from TEC.The final blow came when MET police issued a statment saying they wouldnt be inviting bailiffs over for ANPR operations.A lot of private tickets used to get cleared there as no one like the hassle of being stopped by police as one things gets to another.

So currently

After the third invoice(letter),if the vehicle in question is registerd to a large company ,parking eye intend to get a CCJ against the company.

- if the vehicle in question is new,they ll do a search ,if the registred keeper is know(on google not police database) and a company director they will get a ccj against him.

-if a vehicle is old and not worth the hassle they will just leave it as it is.

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yup - not worth a ccj that will be on the financial record for the rest of your life - that impacts on renting and house buying as well as any other financial transactions

 

yeah these car park companies can be a little bit rogue but i think a PPI style pay out is impossible.

 

there will be no money in chasing for compensation

 

JJ

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How can they issue a CCJ against the keeper of the vehicle? Surly they need to issue it against the driver..And how do they establish that? Never had more than 3 letters, then they give up....Let them eat static

Edited by Karl

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Ah Karl, the law changed a couple years back allowing them to assign to the registered keeper if the driver who was ticked didn't respond.

Means they don't actually bother ticketing, just send letter to registered keeper after a couple of weeks.

Wife had this happen but they then failed to assign it to her within the required time period. So they were caught out by the very regs that they had cited. Result.

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Slightly OT, i don't think you'd have much success at a PPI style claim for one of these issued!!

 

You can't simply issue a CCJ, it has to be given through a court. You'd have to take the registered keeper (as pointed out above, not the driver anymore) to court and have them not pay for that to happen.

 

Its scaremongering still of the highest order.

 

Remember you're given a ticket and its up to you to dispute it, then it proceeds further if the Car Park company press it, you can't simply say "oh you've parked here, here's a CCJ because you haven't paid for 3 months"

 

The contract you enter into by parking in whatever place you did has to be proved and the company has to prove that they are out of pocket and not administer charges that do not reflect this and are punitive by nature, which pretty much all do not.

 

You should open a case with POPLA if nothing more than to piss these folk off as it costs them a few quid just to do that.

 

I can't be ringed typing a load becasue of the time but suffice to say i used to try and collect these tickets at retail parks and the like just to fuck them off and waste their time, but if you're interested the pepipoo forums are a great place to pick up on how to deal with one of these should you get one.

 

http://forums.pepipoo.com/index.php?showtopic=79586

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Surely it's the same as speeding - the fine is sent to the owner of the vehicle and it's their job to say who was in the car or face the penalty themselves.

JJ

Yes, but the owner of the vehicle and the registered keeper may not be one and the same. That's why mere possession of a V5 does not signify ownership, merely that whoever's name is on the V5 is registered as responsible for that vehicle.

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Going to court doesn't mean you get a CCJ even if you lose - that's yet more scaremongery to get the vulnerable and gullible to pay the ridiculous amounts that are demanding before they take you to court, if they take you to court. After all, they have to justify amount they are suggesting that you owe them for their "loss".

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Ah Karl, the law changed a couple years back allowing them to assign to the registered keeper if the driver who was ticked didn't respond.

Means they don't actually bother ticketing, just send letter to registered keeper after a couple of weeks.

Wife had this happen but they then failed to assign it to her within the required time period. So they were caught out by the very regs that they had cited. Result.

 

 

Dave, I can see how this applies in the case of a traffic offence but surly (I dont really know) a parking ticket from a private parking company is a breach of contract.....In short you have agreed to abide by the terms of the parking contract and have failed to comply..... Surely the best they can do is claim for monies lost because of your overstaying, so if the car park has two hours free parking and you overstay, then they can claim for the extra hours based on the fee payable for the first two hours....Nothing.

As I said I don't really know that much but that is how I understand it and it seems to work for me.....Now council parking tickets are a different matter and I always pay them 'cos they will always go legal

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What really makes my blood boil however is that the DVLA sell your name and address to these scumbag chancers.... Surely that has to be covered in the Data Protection Act somewhere......I did try to read it but fell asleep after the first paragraph.

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Thats exactly how it works Karl.

 

Say a car park charges £5 per hour. You park over 2 spaces, over the white lines for 3 hours. At most they could say you cost them £15 in lost parking, but only if they could prove the car park was full too, and then a little something extra for admin fees etc which they cannot charge what they like for as its against the law. You may be liable at most for  say £25, not the £100 a lot of them think they can get away with.

 

Thats why they won't take you to court either, as once one person goes and it gets laughed out, it will set a precedent for every other case to be thrown out too.

 

Hence its better to try and prey on the gullible and vunerable and if 7 out of every 10 tickets issues gets paid, they're quids in. Sure, they'll send a few repeated letters asking for more ( i got one from a company called "court proceedings ltd" once, it was fucking hilarious, and they were directly linked to the car park company too, they must think you come down in the last custard shower!!!) but they eventually give up and turn to easier targets.

 

Law has changed slightly in that they do now contact the registered keeper, you still do not have to declare who the driver was by law but they are now allowed to pursue you for their losses if you don't disclose to them, they never used to be able to do that.

 

All you do if you get one basically is do nothing and await the NTK they send (notice to keeper) This has to be issued within 56 days, if it isn't then they can whistle

 

You should then appeal to POPLA by askign the company who is after you for the charge for a reference code. If they are not governed by POPLA, again they whistle, if they are they MUST give you the code and it also costs them, the car park company £27 + VAT for every appeal lodged against them.

 

Never admit it was you in your appeal, always in the 3rd person, but your appeal shouldn't be about "oh i was only 5 mins, i didn't see the signs etc" it should concentrate firmly on their charge and its justification, say a £60 charge which we already know is bullshit.

 

The company HAS to justify its GPEOL, Genuine pre estimate of losses, in that appeal which it can never do, so you then don't have to pay.

 

Simples

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