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Private Parking Ticket Megathread (Part 2)

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my partner has received a parking charge from these for overstaying at bradfield road the other evening, can someone advice us on what to put in letter of appeal please.

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There's a mega thread about this already on here. You'll find all the info you need on there.

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I received a windscreen parking ticket today when I was in the Flora Street Iceland. I usually park at the side of Iceland so today went there. I noticed nice new double yellow painted lines but there were another 10 cars there so thought nothing of it. Comes back to find i had a ticket, spoke to the ticket issuer who grunted and pointed at the double yellows and then wandered off. She ticketed the car to my left but not my right - bizzare!

 

Anyway do I have to pay the £80 as its extremely excessive? Do i appeal to the retailers as there is so little parking there?

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Pay it and learn from your mistakes? I said all along not to ignore them as they will chase in years to come when they have a chance of winning.

 

Be`ave thi sen . we have had this conversation many times mate :hihi:

 

---------- Post added 02-05-2015 at 18:05 ----------

 

I didn't read the judgement that way.

 

Penalty clauses are unenforceable full stop, there is no scope in law for a "fair penalty clause". But that wasn't the defence he used was it?

 

---------- Post added 30-04-2015 at 15:43 ----------

 

 

They are actually taking people to court, perhaps you got lucky, or maybe the court papers are in the post.

 

The court papers must have got lost them. If they do turn up ,they will make useful fire lighters for my wood burner.

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Hi Blondie. I had exactly the same ticket from Flora st on march 21st. Same case, others parked next to me had no ticket either ( must have only recently painted lines cos they weren't there last week) I received my NTK yesterday for the £100 fine. Did research and sent off a letter to the company to argue the point.

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I received a windscreen parking ticket today when I was in the Flora Street Iceland. I usually park at the side of Iceland so today went there. I noticed nice new double yellow painted lines but there were another 10 cars there so thought nothing of it. Comes back to find i had a ticket, spoke to the ticket issuer who grunted and pointed at the double yellows and then wandered off. She ticketed the car to my left but not my right - bizzare!

 

Anyway do I have to pay the £80 as its extremely excessive? Do i appeal to the retailers as there is so little parking there?

 

Double yellow lines get my goat. They are supposed to be painted only where parking would cause a danger or problems on the road, however the Sheffield council sees it fit to use them to heard people into paid for parking bays.

 

---------- Post added 03-05-2015 at 10:09 ----------

 

Parking charges cases aren't heard by magistrates, they go through the small claims system in county courts, with district judges. In Barry Beavis' case, it went to Judge Moloney QC, who is a senior "real" judge. He ruled against Beavis.

 

That judgement is available here:

http://www.debtrecoveryplus.co.uk/debtor/ParkingEye%20v%20Beavis%20and%20Wardley%20Judgment.pdf

 

Beavis took the case to the Court of Appeal, which certainly involves "real" judges. And he's just lost again.

 

The transcript of the judgment is here:

http://www.bailii.org/ew/cases/EWCA/Civ/2015/402.html

 

He now wants to appeal to the Supreme Court.

 

On the point as to whether private businesses can "fine" people - or, really, apply penalty charges for breach of contract. Well, thus far, it's been ruled that they can.

 

Seems I was wrong about the judges. Real PCN's imposed by councils go to the magistrates court.

 

On the subject of being fined by a private business. You cannot. thats the prerogative of the establishment not businesses. This is why they got slapped for calling their charged Penalty Charge Notices. However they just changed the first word and abbreviated them so they still look the same, calling them Parking Charge Notices instead.

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Be`ave thi sen . we have had this conversation many times mate :hihi:

 

---------- Post added 02-05-2015 at 18:05 ----------

 

 

The court papers must have got lost them. If they do turn up ,they will make useful fire lighters for my wood burner.

 

I hope you do ignore some court papers, of course you're not likely to come on the forum and tell us about the CCJ against you.

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Seems I was wrong about the judges. Real PCN's imposed by councils go to the magistrates court.

In Councils (like Sheffield) that have taken up civil enforcement powers, appeals against parking penalties can eventually go to the Traffic Penalty Tribunal, where they are heard by an independent adjudicator, who is a barrister. They don't go to magistrates court.

 

Parking penalties only go to magistrates court in authorities which haven't taken up civil enforcement powers.

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On the subject of being fined by a private business. You cannot. thats the prerogative of the establishment not businesses. This is why they got slapped for calling their charged Penalty Charge Notices. However they just changed the first word and abbreviated them so they still look the same, calling them Parking Charge Notices instead.

 

I've always avoided calling these penalties "fines" for the avoidance of misunderstanding, and because people jump down your throat. And it is wrong to pretend or imply that a parking charge levied by a private company is the same as a penalty applied by a local council. Enforcement and punishment is different in each case. The reason they got criticised for calling their letters "penalty charge notices" is not because of the "fine" issue, but because they were pretending to be something they're not.

 

But there's no legal significance to the mere word "fine" so far as I can discover. If a private company wants to call their charge for overstaying a "fine", then as far as I can see there's no reason why they can't: there is nothing to say the word is reserved for a particular purpose. The word "fine" just means a pecuniary penalty (to borrow a Wikipedia phrase), which usually would be a state punishment, but need not be. Everyone knows what a fine is. And anyone can charge a fine. Workplaces do, libraries do, sporting organisations do.

 

What is usually referred to is the Bill of Rights:

 

"That all Grants and Promises of Fines and Forfeitures of particular persons before Conviction are illegal and void.”

 

But the ingenious idea that this constitutionally prevented parking fines (let alone private penalties) was sadly dismissed outright by Justice Collins in 2006 in the de Crittenden case.

http://www.lgcplus.com/1689-bill-of-rights-does-not-outlaw-parking-tickets/504694.article

 

So this idea that "fine" has a special reserved meaning, or that fines are unconstitutional, is pseudo-law, so far as I can tell .

 

Unless anyone can correct me with new information.

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Parking penalties only go to magistrates court in authorities which haven't taken up civil enforcement powers.

 

Thanks but I already conceded this point above.

 

Seems I was wrong about the judges. Real PCN's imposed by councils go to the magistrates court.

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hi I have a querie regarding the carpark in staples it says your not aloud to stay in longer then 1 hour does that mean your only allowed in a hour per day are can you leave and come back after abit and get another hour???as I received a fine threw the post saying I enterd at 10 am and left at 2;30pm but I had left and gone back between them times am I screwd ???will I have to pay the fine???

 

---------- Post added 05-05-2015 at 16:07 ----------

 

sorry this is the staples in town acrss from declathlon

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It isn't a fine.

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