Private Parking Ticket Megathread (Part 3)

[Obelix 11]

An old thread admittedly but I have just been sent a £40.00 fine for parking behind British Heart Foundation on Bradfield Road. I was there for exactly 16 minutes (their calculation) to pick up a piece of furniture.

 

Recommendations on how to proceed would be appreciated.

 

Homeguard vs Jopson is the case law here (google it). Basically loading is not parking and you can be there loading for as long as is reasonable providing thats all you do.

[Waldo 96]

Good luck, I think it's a judge in a room, rather than a normal court appearance, though I've never been there myself.

Any chance of a link to your MSE thread, so we can all learn something, even just to prove that ignoring everything is no longer a good move.

All the best for your excursion.

 

So, the outcome was...

 

We lost.

 

We have to pay the original fine for over-staying, plus court costs (claim and hearing fees). This amounts to far less than what the other side were asking for; the judge didn't allow for their legal or administrative expenses or other fees. The amount we have to pay, is less than the amount they were asking for in their begging letters...

 

First time I've ever had to deal with something like this (first time in a court too). I have to say, I found the entire process extremely costly, in terms of time and attention to research and put together defence, witness statement, evidence, file all the court papers, half day in court. From a purely pragmatic point of view, once they'd started court proceedings, it would have been better for us to pay up.

 

One a positive note, it's been a great learning experience and insight in to the way our civil legal system works. Also, great relief that it's all over. Just want to get the thing payed off ASAP and get it out of my mental space alltogther.

 

Don't feel like posting link to MSE thread here, but as you asked for it Bill, if you want to take a look, send me a PM and I'll respond with a link.

Edited July 6, 2018 by Waldo

[carosio 185]

Received a parking notice charge today for £60 rising to £100 if not paid in 14 days. No ticket on car in car park of local pub. Was there bout 5-10 mins picked my granddaughter up from nursery. Do I have to pay these cowboys. Or ignore em? Help!!!!!

 

Were you picked up by APNR? If the parking company is in a trade body (BPA, IPC) you have 10 mins grace in any case.

[peak4 261]

So, the outcome was...

 

We lost.

 

 

Sorry to hear that Waldo

[alchresearch 213]

Ditto. Can you post a brief overview of where and how they got you, so anyone else seeing this thread and your court case has something to refer to?

[Calahonda 11]

I would have though that the court system might just have more important things to do.

[Waldo 96]

Ditto. Can you post a brief overview of where and how they got you, so anyone else seeing this thread and your court case has something to refer to?

 

Yes, of course I will. Anything that can help others fight their case against these £*($&*(£&% cowboys. May take a few days though (bit busy at the mo) and not sure how helpful it may be.

[Jeffrey Shaw 90]

An old thread admittedly but I have just been sent a £40.00 fine for parking behind British Heart Foundation on Bradfield Road. I was there for exactly 16 minutes (their calculation) to pick up a piece of furniture.

 

Recommendations on how to proceed would be appreciated.

Was it a real parking fine (SCC) or a 'Parking Notice' penalty claim (not Council)?

[carosio 185]

It's Highview Parking, some info here:

 

https://www.parkingcowboys.co.uk/highview-parking/

 

https://forums.moneysavingexpert.com/showthread.php?t=5127097

[Cyclone 10]

I thought this had been done to death.

 

This is not actually a legal argument but one of the practical management of their invoicing.

 

Putting up a sign in a car park stating that 'by parking here you enter into a contract and agree to our Terms & Conditions' is legally very shaky, however once there is ANY contact initiated by you, the parking company can then argue in court that that contact is a recognition by you that they have a right to issue parking invoices.

 

That is why the 'bin it and forget it' advice still holds.

 

These companies are chasing literally thousands of unpaid invoices and it COSTS THEM MONEY so they need to decide who to persue.

 

Firstly they will chase people who admit parking, accept the charge, but claim that it is too much.

 

Secondly they will chase people who admit parking but challenge their right to levy a charge.

 

Thirdly they will chase people who have never accepted their right to levy a charge, may no longer live at the registered keeper's address, may have never existed or may even be dead.

 

The first two categories have a very high success rate for the parking companies. The last one has a low success rate. As thousands of new tickets are issued every day, with resources they have, they will always concentrate on the former two.

 

In the extremely unlikely case that you do receive a communication from a County Court, deal directly with the court and DO NOT contact the parking company.

 

This isn't the best current advice and as you can see from Waldo's situation these cases DO get taken to court and the companies DO win (sometimes).

Ignoring it used to be the best advice, but now appealing following the correct procedure is the correct advice (and not identifying the driver by name).

[Calahonda 11]

James Bond style revolving number plates are the answer, and not illegal if you don’t use the false reg’s on the highways.

[Obelix 11]

James Bond style revolving number plates are the answer, and not illegal if you don’t use the false reg’s on the highways.

 

I think you would find that obtaining pecuniary advantage is in fact illegal...