Some keep repeating "The Law has changed",and you have just mentioned "recent wins" can you perhaps give some actual proof of these wins.Originally Posted by IAmATeaf
Im curious.........
Correct. I think it was the coalition government that legitimised the grubby parking company business.
I’d certainly write to the CEOs of the relevant businesses and to the CEO/pension trustees of the company/ pension fund who owns the site. Oh, and to my MP.
As you can tell, it really annoys me!!
I believe the law in Scotland is still different from that in England so a lot of these responses are not truly applicable.
I've personally not heard of a single person being fined or taken to court up here but plenty who have ignored these completely.
Cheers,
Adam.
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Wasn't aware of that so thanks for the clarification.
There still seem to be two schools of thought (for trh situation in Scotland):
https://www.citizensadvice.org.uk/sc...d-s/#donothing
or:
https://www.eveningtelegraph.co.uk/f...dee-solicitor/
Scotland, Private Parking, £24500...
https://www.bbc.co.uk/news/uk-scotla...ntral-39478203
You really don't have a clue what you're talking about, do you?
The law does not require that any form of registered post be used - a communication sent by normal post is regarded as being served in the eyes of the law, and it would be up to the recipient to prove that they had not received it.
The changes in the law mean that the Registered Keeper of the vehicle is liable for any penalty fees, if they choose not to identify who the driver was at the time of parking. Any correspondence will be sent to the RK at the address on the V5C (and there is a legal requirement to inform DVLA should that address change). Who the owner of the vehicle is is entirely irrelevant.
Many of the parking operators are pursuing parking penalties through the courts, and uncontested/unpaid fees have resulted in people receiving CCJs.
I strongly suggest that you read the forums on Pepipoo, Money Saving Expert, or the Parking Prankster, where you will find people who actually know what they are talking about - and that you stop spreading incorrect, out-of-date, and potentially dangerous nonsense.
(Note to the OP - it's not a "fine", as it has been issued by a private company. And your best best of having it removed is to appeal to the supermarket as a gesture of goodwill. Otherwise you'll either need to pay it, or be prepared to go through the appropriate appeals procedure - including, possibly, going to court. Whatever you do, do not ignore the correspondence that you receive.)
Thanks for clarifying Philip - this mirrors my understanding, but good to get confirmation from someone in the know.
Head to Pepipoo and there will be plenty of threads where people are asking for advice where they got themselves into situations where proceedings have been issued.
One example of a Claim Form being issued this month...
IMG_1348.JPG
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To be fair, a few of us tried to give the correct advice but it fell on deaf ears due to P9CLY shouting loudest.
Phillip is 100% correct and has explained it better than I could have.
Too many Facebook lawyers about at the moment giving out incorrect info that could prove costly. As that silly girl found out in the article linked to twice in the thread.
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The TV programme 'Can't pay we'll take it away' seems to have a lot of people having the High Court guys turning up on their doorstep. Must be all staged.
Is P9CLY a troll or simply misinformed?
Or maybe works for DCBL High Court Enforcement and is trying to drum up business?
Up until a couple of years ago, Scotland was in a different position from England re private co. Parking penalties. It was sound and established advice to ignore the penalty notices.
However, 2 years ago a woman took liberties, racking up thousands in unpaid penalties. This prompted the company involved to take court action which found in their favour. This precedent has effectively meant Scottish drivers are now as vulnerable as the English to such penalty demands.
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I’m the perfect example of this.
Got a Penalty Charge Notice from a private company for overstaying at Hopwood Park Services in 2011. Ignored three letters and nothing happened. Back then the rules (or application thereof) on signposting the contractual terms were more lax.
Tried to do the same in 2015 (Sainsbury’s iirc) and got a letter asking me to go to court. Seems like they were going to pursue it. Ended up paying as was only £45.
The correct advice has been given here, unless the terms weren’t clearly signposted (signs missing/too high/covered in dirt/faded) and you can prove this, then best bet is to pay up. Tesco, or their landlord, definitely will have an arrangement with the parking company so, within the timeframe specified in the letters, it’s worth asking them for help.
Final thing, and the main reason I post as all of the above has already been covered, while the letters always suggest CCJs and other negative effects on your credit, the only way this can happen in one of these cases is if you ignore fines imposed by a court. And you’d be an absolute fool to do that because a, it’s a court fine and b, if you can’t afford it they’ll take a reasonable view of a repayment term.
Hope this helps.
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It’s also swings and roundabouts regards the change in law relating to private parking companies. The government gave them the powers to pursue the registered keeper for their invoices.
However they took the right to clamp vehicles away from the private firms also.
You overstayed the allotted time it that simple talk to Tesco who may rescind the ticket as you bought more than a meal deal but always look at the conditions for example i went to the dentist couple of weeks ago parked as normal and i have a residents permit after paying “ Miss Whiplash” the hygienist i return to the car and i have a ticket phone the council offices and the girl on the phone says what time was it issued i say 10.41 ah she says your free park starts at 11.00 whose fault? mine should have read the terms and conditions.
The changes to legitimise these odious people were included in the completely unironically named Protection of Freedoms Act 2012.
Prior to that car parking companies could only collect (broadly) what was reasonable. Contract law of old (ond subsequent consumer law) prevents contracts including punitive penalty provisions.
I don't understand how anyone thinks it's reasonable to charge someone, say, £50 for 'overstaying' by, say, 30 minutes in a car park that was almost certainly not full and that while patronizing businesses on the site! If Tesco said we'll charge you £10 if you step on the cracks in the pavement, you'd think they were deranged.
The Government should have set out, in the Act, the charges can be levied so that they actually reflect the "wrong" done to the landowner (which, in the vast majority of cases, is nothing).
Recovery of parking charges by parking companies through the courts is a civil matter (in England and Wales, certainly) and it's not a "court fine" it's a judgement. Not sure what the position is for actual parking fines issued by local authorities. It's certainly not a criminal offence AFAIAA and presumably they will take you through the courts to recover unpaid fines - potentially leaving you with a bad mark on your credit rating.
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