Bradfield Road car park (Hillsborough) - charges and "fines"

[Walkley Dave]

....I got the usual threatening letters from "bailiffs"and the like but threw them in the bin.....

 

Make sure you know the difference between bailiffs and debt enforcement agencies and that some operate in both areas.

 

A bailiff operates on behalf of a court.

 

For you to get a visit from a bailiff over a speculative invoice issued by a private parking company, they would have to take you to court (extremely unlikely); win(even more unlikely) and then you not pay within 28 days: (a whole squadron of farmyard animals fly past!)

[rusmum]

Is this still the case with parking eye? Got a invoice fr

[rusmum]

Is this still the case with parking eye? Got a invoice from

One in Worksop this week. Overstayed by 8 minutes.

[mumkin]

Is this still the case with parking eye? Got a invoice from

One in Worksop this week. Overstayed by 8 minutes.

 

If it's not issued by the town council then just ignore it and all the threats etc henceforth unless issued by the court (unlikely)

[Walkley Dave]

Ignore. Ignore everything - they will say as registered keeper you have to name the driver. Do it if you like and tell the registered keeper to ignore all their literature. BUT save it.....do not throw any letters away that mention legal action.

 

They will not go to court. They will send carefully designed letters including some (gasp horror) in scary red ink. It is all bluff.

[Walkley Dave]

From:

 

http://forums.pepipoo.com/index.php?showtopic=46975

 

In England and Wales the Protection of Freedoms Act has introduced some changes that might affect your decision whether to simply ignore a PPC ticket.

 

These changes apply only to parking companies that are also members of the BPA AOS scheme, and are principally:

The PPC may "invite" (not demand, nor require) the RK to provide the details of the driver at the time of the alleged transgression.

 

If the RK doesn't do so, or their invitation is ignored, the PPC is entitled to pursue the RK for whatever charge they are lawfully entitled to from the driver. If the RK does give the name of the driver, the PPC must solely pursue the driver.

 

Therefore as long as the PPC goes through the correct process, relying solely on the argument that "I was not the driver" won't help you. However that is the only change, and if the decision is to ignore then it simply means that the RK ignores rather than the driver.

 

There is an independent "appeals" process, operated by Parking on Private Land Appeals (POPLA). The grounds on which POPLA will consider an appeal look to be narrow and until the first appeals are heard we don't know the stance it will take.

 

However the appeal costs you nothing and costs the PPC £27+ VAT, so we would recommend that everyone who is so inclined appeals. The best grounds seem to be:

"The parking charge (ticket) exceeds the relevant amount" (if the charge is not valid it should be zero), and;

"I am not liable for the parking charge" (if the charge is an unlawful penalty, or the PPC has no interest in the land to offer a contract, etc there will be no liability)

 

Even if you lose at POPLA, it's not binding on you and the PPC would still have to go to court if they wanted to pursue their claim. Note that you will have to exhaust the PPC's own so-called "appeals" process before POPLA will consider an appeal to them.

 

You should be aware that the Protection of Freedoms Act doesn't affect the legal position regarding enforceability of these tickets in any way.

[rtbcomp]

Another subtle point is that if you don't pay, the taxpayer does.

 

If the invoiced amount increases to say £500 before they decide to write it off they can claim it as a bad debt against corporation tax (20% IIRC), depriving the taxpayer of £100.

[Eckolad]

Another subtle point is that if you don't pay, the taxpayer does.

 

If the invoiced amount increases to say £500 before they decide to write it off they can claim it as a bad debt against corporation tax (20% IIRC), depriving the taxpayer of £100.

 

But it was never a debt in the first place

[rtbcomp]

I didn't say it was a debt.

 

They raised an invoice - and if an invoice doesn't get paid after a length of time it's written off as a "bad debt." That's the term used for an unpaid inbvoice

[dixieslaces]

Another subtle point is that if you don't pay, the taxpayer does.

 

If the invoiced amount increases to say £500 before they decide to write it off they can claim it as a bad debt against corporation tax (20% IIRC), depriving the taxpayer of £100.

 

The taxpayer has lost nothing because they didn't have the £100 in the first place.