Private Parking Ticket Megathread (Part 2)

[ubermaus 10]

ignore ALL correspondance from all private companies, excel etc. That includes shops and shopping precincts, private land, basically any land that is not council...

 

public (council) you really do have to deal with...

 

---------- Post added 29-03-2015 at 14:20 ----------

 

has any one had a parking ticket when parking in Iceland / home bargains car park just off Penistone road , I parked last week just to the right went in was gone only 10 mins and came out to a ticket not sure why is it the gym parking area either way have I got to pay or does anyone think I should appeal I didn't see any signs but I thought that it was all shops car park I knew there was a gym but thought there car park was around the back , not sure as I need to pay or appeal or ignore . thanks:confused:

 

Ignore all private tickets...

 

---------- Post added 29-03-2015 at 14:25 ----------

 

That is poor advice. Do not ignore, the law has been changed.

 

Follow the procedure, go to POPLA, you will win.

 

So why dont the countless private parking fines companies go to court and go to court and win...the law hasn't changed on unfair parking fines, because unless a private company can demonstrate the cost of parking vs their 'invoices' they cant win.

 

The best thing to do is ignore.

 

---------- Post added 29-03-2015 at 14:27 ----------

 

Its an invoice and not a bill or fine. Just ignore it and any subsequent letters they send you.

 

Yep it's an invoice. Its the same as invoicing someone for parking slightly on your drive. You would have to demonstrate the cost to justifiy the invoice. Private companies have no special powers.

 

---------- Post added 29-03-2015 at 14:29 ----------

 

Just come back from a month away and my wife has a ticket from G24 for parking in B&M Hillsborough. Hands up she did but received ticket while away so could not get the early payment discount. I Google to get a telephone number to explain but also came up in Google Martin Lewis forum that this is a scam. I am prepared to pay but any feedback would be welcome Alan

 

Dont pay. Just ignore. They can send as many letters as they like...

 

---------- Post added 29-03-2015 at 14:34 ----------

 

I find it funny MSE gives so much credence to parking fines....then they say this...

 

The militant approach

 

Parking Charge

From this point on, we're in negotiation territory.

 

If you don't want to use the independent appeals service for the unfair ticket, you can take the militant approach by...

 

Read more

...stating in no uncertain terms you reject the charge and politely state you won't enter into any further correspondence.

 

Remember, BPA and IPC members CAN find owners' contact details via the DVLA, meaning you'll probably get a letter if you don't pay or appeal.

 

Write to dispute the unfair ticket. Importantly, in any correspondence...

 

Don't state you're 'appealing', just that you're refusing to pay.

 

Effectively, a ticket from a private firm is an invoice as, in their words, by overstaying your welcome on their land you have agreed to pay a particular sum. By stating you are appealing, it gives unnecessary legitimacy to the ticket.

 

If you chose to reply, from this point on we're in negotiation territory - we've no feedback on using this method instead of following the new appeals system.

 

You need to make it realise you're going to be hard work, and it isn't going to get the money from you without the time and expense of court action. To put your mind at rest, as there's no credit involved, it can't hit your credit rating either (unless in the extreme circumstance you refuse to pay a court order).

 

A parking company has NO POWER to force you to pay an invoice unless it chooses to take you to court, which is a hassle, and then it needs to win the case, which is by no means certain. However - remember this is still a possibility. We've heard reports that private parking firms are starting to go down this route more often. Find full info and template letters below.

 

The most important point to start with is to prepare your argument. There are five main categories that will apply, and you can use them separately or in combination.

ETC ETC it goes on

 

---------- Post added 29-03-2015 at 14:36 ----------

 

It kind of ruins all credibility because they spend the rest of the lengthy article telling you to appeal!...

Edited March 29, 2015 by ubermaus

[kidley 48]

but when you have done all the above, and they take you to court, you have only a 50% chance of winning, read this thread.

[ubermaus 10]

the truth is acknowledging the fine even to say 'im not acknowledging' is just giving the company extra ammunition.

 

By 'ignoring' you are flatly stating 'I do not recognize we even have a contract' which of course you don't.

 

---------- Post added 29-03-2015 at 14:44 ----------

 

but when you have done all the above, and they take you to court, you have only a 50% chance of winning, read this thread.

 

Ignoring is the best way. Parasitical companies like excel work on an attrition basis. They know

x% will pay

x%will ignore

x%will appeal

 

Aslong as there are enough suckers paying up, all good.

 

---------- Post added 29-03-2015 at 14:45 ----------

 

MSE say this....

 

Don't ever think of private parking tickets as "fines".

 

They're not. These companies have no official right to fine you, though they may try to make you think they do.

 

All they're doing is sending you a notice for what they deem to be a breach of contract.

 

It isn't the ability of private companies to issue tickets in itself that's a problem. It's the unstructured system which puts unnecessary power in potentially unscrupulous hands.

 

---------- Post added 29-03-2015 at 14:47 ----------

 

so even MSE say its only 'deemed' a breach of contract.

 

---------- Post added 29-03-2015 at 14:49 ----------

 

I knew someone who got away with public parking fines...every time. It looks like a long process of appeal and not sure I agree with taking money out the public purse but it can be done.

Edited March 29, 2015 by ubermaus

[poppy123 10]

so looking at replies most are saying do not pay !! im scared but I will not pay and lets see what happens see if they take me to court , I will keep you all posted thanks every one

[ubermaus 10]

so looking at replies most are saying do not pay !! im scared but I will not pay and lets see what happens see if they take me to court , I will keep you all posted thanks every one

 

http://www.exeterexpressandecho.co.uk/Exeter-s-Lord-Mayor-tells-drivers-ignore-private/story-21330078-detail/story.html

 

Good story above...that mayor has a face you can trust.

if you ignore and on the slim chance they do take you to court then I'd use this defense.

 

Remember if you appeal, its 50% chance you will lose the appeal and have to pay their costs. The appeal process is not setup for motorists.

 

---------- Post added 29-03-2015 at 15:29 ----------

 

the other thing to note is by paying one, you are setting a precedent.

If you simply ignore all letters, and they take you to court once, and you win, that also sets a precedent...what they going to do? keep taking one person to court? just a thought.

[Dannyno 19]

the truth is acknowledging the fine even to say 'im not acknowledging' is just giving the company extra ammunition.

 

By 'ignoring' you are flatly stating 'I do not recognize we even have a contract' which of course you don't..

 

"Of course"?

 

See:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9155/guidance-unpaid-parking-charges.pdf

 

Chapter 7: How is a parking contract formed?

 

Contracts for parking on private land can arise in a number of ways. However normally a car park will have signs setting out the terms and conditions upon which parking is offered. Drivers can then decide whether or not to accept those terms and conditions. In most cases a driver who parks in a car park with clear signage setting out the terms and conditions will be deemed to have accepted the terms and conditions and therefore entered into a contract to park with the landholder.

 

The point is that compensation for breach of contract, when a contract is established, have to be related to a realistic estimate of loss. Parking companies have often not been making a realistic estimate of loss. But you can end up losing a court cases and paying for breach of contract nonetheless.

 

See the FAQs at the end of the linked document above.

[web1 10]

Sorry to butt in here, but what exactly is the proper advice, even on the money forums etc there are conflicting posts, ignore, don't ignore, send an appeal,don't send..

Got a ticket from centretainment and just received a final letter without receiving a 1st offer letter..

What next?

[Cyclone 10]

Appeal via popla. Do NOT ignore it.

[GoGo_dancer 10]

Sorry to butt in here, but what exactly is the proper advice, even on the money forums etc there are conflicting posts, ignore, don't ignore, send an appeal,don't send..

Got a ticket from centretainment and just received a final letter without receiving a 1st offer letter..

What next?

 

If you can appeal then I would suggest you do, just to get rid of it once and for all. If you choose to ignore, then that 'final' letter will be the first of many as the 'debt' gets sold on to other collection agencies.

 

I had a PCN over 18 months ago and as the legislation was just changing I missed the boat with the POPLA appeal. I had a stack of letters come through and then eventually it went quiet after a year. Now my 'debt' has been sold on again to 2 more collection agencies and I'm back to getting 'final demand' letters.

I did dispute the fine with the original parking agency (and provided evidence that their claims were false) but it was ignored so all I can do now is carry on ignoring the letters...unless of course I ever get proper court papers.

Part of me just wishes they'd hurry up and carry out their threat to take legal action!

[Alcoblog 10]

If you can appeal then I would suggest you do, just to get rid of it once and for all. If you choose to ignore, then that 'final' letter will be the first of many as the 'debt' gets sold on to other collection agencies.

 

I had a PCN over 18 months ago and as the legislation was just changing I missed the boat with the POPLA appeal. I had a stack of letters come through and then eventually it went quiet after a year. Now my 'debt' has been sold on again to 2 more collection agencies and I'm back to getting 'final demand' letters.

I did dispute the fine with the original parking agency (and provided evidence that their claims were false) but it was ignored so all I can do now is carry on ignoring the letters...unless of course I ever get proper court papers.

Part of me just wishes they'd hurry up and carry out their threat to take legal action!

 

You can easily do away with all the letters and hassle/worry, simply by contacting Kirkbylad, on this very forum. I couldn't be asked to read up on all the new reams of waffle concerning new laws, and offset all the time/letters involved in sorting things out, and simply gave Kirkbylad the details and eighteen quid ... the matter was solved immediately with no comeback whatsoever.

As well as saving around £130.00 (from memory) not paying the 'invoice' , it was the satisfaction of knowing that these opportune parking cowboys were that much out of pocket that counted (it will have cost them money for sending the intimidating letters).

I honestly don't know Kirkbylad from Adam, but he really knows what he's doing ... money well spent!

[web1 10]

Cant PM kirkby lad....

[ubermaus 10]

You can easily do away with all the letters and hassle/worry, simply by contacting Kirkbylad, on this very forum. I couldn't be asked to read up on all the new reams of waffle concerning new laws, and offset all the time/letters involved in sorting things out, and simply gave Kirkbylad the details and eighteen quid ... the matter was solved immediately with no comeback whatsoever.

As well as saving around £130.00 (from memory) not paying the 'invoice' , it was the satisfaction of knowing that these opportune parking cowboys were that much out of pocket that counted (it will have cost them money for sending the intimidating letters).

I honestly don't know Kirkbylad from Adam, but he really knows what he's doing ... money well spent!

 

This winds me up..

What terrible advice. Giving some random 18 quid, when its documented there is only a 50% success rate of going through appeal is asking to lose your money and make the situation worse.

 

All the advice anyone needs is on the internet so just do a few searches, there's even a free info website called 'parking cowboys' which tells you everything you need to know...use MSE too...you've basically got one of two or three choices. Its not rocket science.

 

Dont listen to morons saying they know someone or worse still morons who charge you money for something which is easy to do yourself...