geared   319 #829 Posted November 5, 2015 (edited) Fines are supposed to be illegal in contract law, now some dopey judge has kicked that down and put it to all that you can get away with it.  I wonder how long it will be before it appears in mobile phone and other utility contracts??  Currently you do have to 'pay your way' out of fixed term ones, but now they could argue a little extra on top is to 'discourage' people. Edited November 5, 2015 by geared Share this post Link to post Share on other sites Share this content via...
Jeffrey Shaw   90 #830 Posted November 7, 2015 Fines are supposed to be illegal in contract law No, because: a. the private parking charges are not 'fines' [that word connotes criminal law penalties, rather than civil law]; and b. the civil law penalties were never unlawful, merely susceptible to challenge.  I wonder how long it will be before it appears in mobile phone and other utility contracts? Currently you do have to 'pay your way' out of fixed term ones, but now they could argue a little extra on top is to 'discourage' people. No, contracts cannot be unilaterally altered. However, most impose a penalty for breach. Whyever not? Share this post Link to post Share on other sites Share this content via...
Jane123   10 #831 Posted November 12, 2015 I have been sent a charge notice from High View Parking. The notice has two photos of my car, one entering and one leaving the car park. It states that I was parked for 1 hr 20 mins, which, after checking, I found is within the stated time limit of 1 hr 30 mins.  I emailed the company and they say my car was parked in the wrong area and that is why they have sent the charge notice. I requested a photograph to prove that it was parked incorrectly, but their email says the matter is closed and to appeal to POPLA. I have since received another notice saying legal action pending - cough up £125!!!  I have spoken to others who have received charge notices for parking in the wrong place and theirs had a photo of the car and where it was parked - my notice doesn't have this  As they have not sent me anything credible, do you think I am safe to ignore this? Share this post Link to post Share on other sites Share this content via...
holymoses   10 #832 Posted November 12, 2015 Don't ignore look on the POPLA website. you have to go through the motions these days. Share this post Link to post Share on other sites Share this content via...
geared   319 #833 Posted November 12, 2015 Yep you need to make an appeal to POPLA, plenty of guides online.  Obviously it go's without saying but don't admit to parking in the wrong place or anything like that. Share this post Link to post Share on other sites Share this content via...
hyper   10 #834 Posted November 12, 2015 Yep you need to make an appeal to POPLA, plenty of guides online. . with a note saying that as it's their mistake, for any future effort on this you intend to charge them at £x/hour + expenses (postage etc), where £x is what you might reasonably earn in your job Share this post Link to post Share on other sites Share this content via...
Jane123 Â Â 10 #835 Posted November 12, 2015 Thanks for your replies - I've submitted a POPLA appeal... we shall see what happens. Share this post Link to post Share on other sites Share this content via...
geared   319 #836 Posted November 12, 2015 with a note saying that as it's their mistake, for any future effort on this you intend to charge them at £x/hour + expenses (postage etc), where £x is what you might reasonably earn in your job  Not in the appeal to POPLA, because they're separate from the parking cowboys, you want POPLA onside so they cancel the ticket. Share this post Link to post Share on other sites Share this content via...
hyper   10 #837 Posted November 12, 2015 Not in the appeal to POPLA, because they're separate from the parking cowboys, you want POPLA onside so they cancel the ticket. OK! excuse my ignorance, who are popla? Share this post Link to post Share on other sites Share this content via...
SnailyBoy   10 #838 Posted November 12, 2015 So the original 'charge' was based on the length of time. Then when challenged they said it was the location?  This should be an easy one for POPLA Share this post Link to post Share on other sites Share this content via...
truman   10 #839 Posted November 12, 2015 OK! excuse my ignorance, who are popla?  Parking On Private Land Appeals......... Share this post Link to post Share on other sites Share this content via...
sue trigg   10 #840 Posted November 13, 2015 Hi everyone would love some advice but dont no who to speak to.i have just recieved a letter from scc with regards to a pcn parkinging ticket.apparantly this happened on the 08/09/2015 & this is the very first letter i have recieved about this,it says because i didnt pay within 14days i have forfited the reduce price,but like ive said this is the only letter i have recieved + there wasnt no parking ticket left on my car,would love some advice Share this post Link to post Share on other sites Share this content via...