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Private Parking Ticket Megathread (Part 3)

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As mentioned previously, it's not a fine, rather it's a speculative invoice.

That said, it's legal and winnable in County Court by Parking Eye in the absence of a viable defence, or the recipient ignoring all paperwork.

 

They are one of the more litigious companies, so ignoring is a bad choice.

 

I was taken to court by Parking Eye about 4 years ago, after taking bad advice at the time and ignoring all correspondence.

 

I did my homework though, prepared a defence and won because the company failed to provide a contract stating that they were entitled to issue tickets on that private land. I won without even having to say a word in court as straightaway the judge asked for a copy of the contract which they couldn't provide. Parking Eye were then instructed to pay me half a day's wages to cover the afternoon off I'd taken!

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I won without even having to say a word in court as straightaway the judge asked for a copy of the contract

 

I bet that by the time the next person appeared in that court, they had plenty of copies of the contract.

 

When squatting was a civil, not criminal offence, the first thing that anyone taken to court was advised to do was to immediately challenge the council's ownership of the property. If the council solicitor didn't have the deeds to the property with them in court, the case was adjourned until they could prove that they owned the property. In lots of cases, it transpired that many councils had lost or never had any documents for much of their housing stock, particularly those built in Victorian times which were more likely to be squatted.

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In lots of cases, it transpired that many councils had lost or never had any documents for much of their housing stock, particularly those built in Victorian times which were more likely to be squatted.

Er, not entirely. Most local authorities did not even exist in Victorian days.

Plus many have registered- or are registering- all holdings with HMLR.

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Er, not entirely. Most local authorities did not even exist in Victorian days.

Plus many have registered- or are registering- all holdings with HMLR.

 

My house is Victorian and I have the deeds for it as well as it being on the Land Registry.

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My house is Victorian and I have the deeds for it as well as it being on the Land Registry.

I thought that the Land Reg. retained the original deeds in return for issuing a Land Certificate.

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I thought that the Land Reg. retained the original deeds in return for issuing a Land Certificate.

 

Maybe they do.

 

They don't have mine.

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Maybe they do.

 

Unless it was a voluntary registration, upon purchase you (or your conveyancer) would have sent the deed bundle to the area land Registry who then returned them with the Land Certificate. Perhaps procedures have changed of late.

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I thought that the Land Reg. retained the original deeds in return for issuing a Land Certificate.

 

Maybe they do.

 

Unless it was a voluntary registration, upon purchase you (or your conveyancer) would have sent the deed bundle to the area land Registry who then returned them with the Land Certificate. Perhaps procedures have changed of late.

No.

HMLR does not retain any deeds at all. Those which it holds were all scanned and digitised some years ago.

It does retain copies of them electronically, of course.

 

But:

a. there's no difference in these procedures between voluntary and compulsory registrations; and

b. Land Certificates have also been abolished.

 

(But this has very little to do with the thread topic, you know.)

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Thanks for the update and upon reflection it was probably in the late 80s when I read up about the subject!

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I am a regular user of the Berkley Centre car park which up to recently had a free 2 hour policy with enforcement using a camera and monitored by Vehicle Control Services. They have now installed a parking meter which gives free parking for 1 hr but asks for a ticket costing a £1 for 1-2 hours. The signs about 2 hour free parking remain. Does anybody have any experience or info on the enforceability of the £1 charge?

 

Chris

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I discovered this the other day....parked for about 45 mins....and when I returned to my car I noticed that the man next to me was just putting a ticket in his car. I hadn't seen the ticket machine until then so went to have a look.....apparently the first hour is free but you still need a ticket and the machine is one that asks for your reg number. It says that the camera is in place to record your car entering the car park, and if you stay in the car park longer than 10 minutes, you have "Entered into a contract" to get a ticket /pay.....

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I am a regular user of the Berkley Centre car park which up to recently had a free 2 hour policy with enforcement using a camera and monitored by Vehicle Control Services. They have now installed a parking meter which gives free parking for 1 hr but asks for a ticket costing a £1 for 1-2 hours. The signs about 2 hour free parking remain. Does anybody have any experience or info on the enforceability of the £1 charge?

 

Chris

 

Not an argument worth trying to win. They will issue a PCN, you will spend hours fighting it. It is their car park, they can most likely charge what they like.

 

And before all the people come along saying PCN are not enforceable see below, all change since the Barry Beavis case.

 

https://www.independent.co.uk/news/uk/home-news/nhs-nurse-hospital-parking-tickets-university-hospital-of-wales-cardiff-indigo-park-services-150000-a7845126.html

 

https://www.bbc.co.uk/news/uk-england-essex-34721126

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