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PrivateParking Tickets

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By (user no longer on site) OP   
over a year ago

Anyone had one...?

Well you don't have to pay them. They are not legal unless they are issued by the Police or an official Traffic warden.

The "loophole" is that any parking contract is between the owner of the car park and the driver of the vehicle, not the registered keeper.

And the likes of Asda etc have no authority under Section 172 to demand the identity of the driver. Simples.

Message me if you want more info.

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By *icked weaselCouple
over a year ago

Near Edinburgh..

yeah.. a friend of ours gets one everyday and has never paid one yet.. can they not accumulate the fines and hit you in court for one big amount ??

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By (user no longer on site)
over a year ago

They are legal. But the only way they can make you pay is prove you were driving. They wont take you to court for one or two tickets. However if you have loads of tickets from the same place they could use their CCTV to prove you were driving and take you to court. Highly unlikely but possible

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By *icked weaselCouple
over a year ago

Near Edinburgh..

our friend was under the impression that they couldnt add the fines together ??? we thought they maybe could .. got no idea tho..

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By (user no longer on site)
over a year ago

I have had 2 from the same car park. Never paid either after Google it. Did make me worry tho. X

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By (user no longer on site)
over a year ago

They wouldn't have to. They would just take you each time separately and you would be bankrupt with all the charges lol.

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By (user no longer on site)
over a year ago

Go onto fightback forums a free traffic law website go into patking ticket section. The tickets are a con total bully boy companies full of empty threats keep wasting your stamps guys i aint paying diddly lol

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By *icked weaselCouple
over a year ago

Near Edinburgh..


"They wouldn't have to. They would just take you each time separately and you would be bankrupt with all the charges lol.

"

Apparently it costs something like 70quid to raise a Claim in the small court.. so each fine would cost more to take to court that was worth it..

dont quote me on that.. but thats what my friend believes.. and she has had over 20 or 30 that i know off and still parks there everyday - livigston center

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By (user no longer on site)
over a year ago

I wouldn't pay them either. If you lost your case you would have to pay the other persons court costs. Its academic as they make plenty money out of the fools who pay. I was only pointing out that its a myth to say they cant do you if they have CCTV coverage.

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By (user no longer on site)
over a year ago

We have 17 tickets from Glenrothes town centre parking wardens and never paid any and won't be paying either. The guys with the tickets have stopped putting tickets on the car and even say hello now. These tickets are totally unenforceable unless issued by police or traffic wardens and they cannot issue tickets in private parking areas.

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By (user no longer on site)
over a year ago

Iv had one ticket and never paid it

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By *cotsmacCouple
over a year ago

glasgow

A got one a year past xmas, someone told me not to pay it!!

Kept get letter after letter, if I pay they will reduce the fine huh aye right then an other letter threatening to send my name addy to a dept agency, last letter was sent march......

Never pay these fools lol

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By (user no longer on site)
over a year ago

its is all wording in the notice.

Police and Wardens issue a

PNC which is a Penelty Charge Notice. it is legal and has to be paid.The abbreviation is also noted on the form.

The carpark companys issuea

PCN which is a Parking charge Notice and is essentially an invoice.

The notice at the carpark will tell you the parking rates and thats what you agree on when you enter the carpark. The only way they can force you to pay is to take you to the small claims court. If that happens offer to settle the Cost of the time parked before court date. This will bean your complying with the assumed contract when you parked. It you tell the judge they refused it helps a lot on your case as it makes them look greedy.

Big thing is Read The Form

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By *entscotscplCouple
over a year ago

falkirk ish

Had a few of them and never paid them

they will send a letter saying pay now or it doubles etc just ignore it i did annd after a few letters it stops

look at the martin lewis web site he advices to ignore them

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By *ustyWoman
over a year ago

inverclyde

I have had two at my local morrisons, I work as a merchandiser and in store for approx 3hrs twice a week. It is a private company and they say you get 2 hrs max, I have not paid and got no intention of paying as it is not legally binding.

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By *reeningtomMan
over a year ago

Angus

I have had a couple and never paid after googling it. Nothing they can do to enforce payment as, even if they take you to court, all they can win is monetary value to the extent of their loss, and the court dont consider that they are losing anything of substantial value by you occupying a space that someone else can get f0r free

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By *ch WellMan
over a year ago

Scotland

Its highly unlikely anyone would be taken to court over an unpaid "fine". For starters it isnt a fine, its simply a demand for money. The claimant would have to prove to the court that theyd lost the amount they are demanding from you. If they were awarded anything it wouldnt be any more than the parking charge you shouldve paid in the first place.

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By (user no longer on site)
over a year ago

Ive had numerous tickets from these companies and never paid a penny to them, they are unenforceable, they will never take anyone to court for non payment as they make enough money from the mugs that read the letter and panic about it doubling after 14 days. After about 7 letters and threats to take you to court, debt company gets involved, (its the same company btw) offering a reduced sum if you pay now. A few more threating debt letters then you hear nothing. I apparently owe roughly £250 for each ticket so that's nearly £2000 in these private parking tickets. As they aren't worth the paper there written on i actually owe them £0.

they get the registered keepers details through the dvla, costs the private parking company £1.50 to find out who the keeper of vehicle is. To me that's wrong for the dvla to sell your details to these rogue companies. I will continue to get fined and continue to not pay them as should we all.

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By (user no longer on site)
over a year ago

Iv never had any letters from them didn't know they do that how would they gat your address ?

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By (user no longer on site)
over a year ago


"Iv never had any letters from them didn't know they do that how would they gat your address ?"

a lot of the parking areas are done with cameras, they photograph your vehicle on way in and out, that's how the know how long you've stayed in car park, they then use your reg on car, contact the dvla and pay a nominal fee of £1.50 to get the registered keepers details.

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By (user no longer on site)
over a year ago

I got some bill thru the post ages ago. Along with it was two pics of my car, one entering the car park in Airdrie and one of it leaving.....Both pics had the time of day printed on them. Strange thing being, i was at work at those times with a Tachograph to prove it.

Either someone has my plates or someone half inched my wheels for the day.

Didnt pay the £60

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By *olly Gentle GiantMan
over a year ago

Glenrothes


"they get the registered keepers details through the dvla, costs the private parking company £1.50 to find out who the keeper of vehicle is. To me that's wrong for the dvla to sell your details to these rogue companies. "

With all respect, DVLA are bound by Data Protection Act (DPA) and do not "sell" registered keeper details.

What actually happens is that the parking company will make what is known as a Section 35 DPA request. Section 35 is concerned with disclosure of personal data in connection with "any legal proceedings (including prospective legal proceedings)".

Provided that they have evidence of a legitimate interest in the registered keeper details, the DVLA (in common with all data controllers) cannot unreasonably with-hold the data under Section 35.

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By *olly Gentle GiantMan
over a year ago

Glenrothes


"

a lot of the parking areas are done with cameras, they photograph your vehicle on way in and out, that's how the know how long you've stayed in car park, "

indeed, if you google "britishparking" and go to the website of the British Parking Association, you will find a wealth of info including the voluntary code of practice.

Use of ANPR technology is often used

(same technology that that toll roads and London city congestion charges use)and they work on the timestamps to calculate whether you have complied with the stated contract terms that they display on their notices.

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By (user no longer on site)
over a year ago


"they get the registered keepers details through the dvla, costs the private parking company £1.50 to find out who the keeper of vehicle is. To me that's wrong for the dvla to sell your details to these rogue companies.

With all respect, DVLA are bound by Data Protection Act (DPA) and do not "sell" registered keeper details.

What actually happens is that the parking company will make what is known as a Section 35 DPA request. Section 35 is concerned with disclosure of personal data in connection with "any legal proceedings (including prospective legal proceedings)".

Provided that they have evidence of a legitimate interest in the registered keeper details, the DVLA (in common with all data controllers) cannot unreasonably with-hold the data under Section 35."

with all due respect they do sell registered keepers details, a simple google search brings up hundreds of pages on the dvla selling registered keeper details to private parking companies as well as rogue clampers

below is a snippet from the RAC website.

"The Driving Vehicle and Licensing Agency is making money by selling driver details on to parking enforcement agencies.

The organisation made more than £10 million in the last year, selling the details of around 50,000 drivers every week – totalling 2.4 million in the last year"

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By *ifes journeyCouple
over a year ago

scotland


"Anyone had one...?

Well you don't have to pay them. They are not legal unless they are issued by the Police or an official Traffic warden.

The "loophole" is that any parking contract is between the owner of the car park and the driver of the vehicle, not the registered keeper.

And the likes of Asda etc have no authority under Section 172 to demand the identity of the driver. Simples.

Message me if you want more info."

Generally what you are saying is correct.... but with some caveats.

Firstly, in England & Wales there is something called the protections of freedoms act. When the government stopped clamping down there, they conceded to give the parking companies a legal right to chase the registered keeper of the vehicle for the 'charges'.

If, a PPC (Private Parking Company) sent you letters to pay for an offence south of the border and you ignored them all, they could ultimately send court papers. Without a defence, its possible that they would win.

The good news is that very very very rarely do the PPC's abide the rules laid out in the Protections Of Freedoms act cos most of them are run by ex-clampers who cant understand English!. If ever you get one of these tickets (from south of the border) then the best course of action is to appeal to them.

if its a ticket on the car window, ignore it until you get something through the post to the registered keeper. Appeal to them (which will get rejected) and the should give you a 10 digit code to enable you to send an appeal to PoPLA (Parking on Private Land Appeals Service - Run by the London councils). This costs the PPC £27 a pop but costs the RK nothing. The appeal however needs to focus on what the PPC have done wrong with the signage, notice to driver or notice to keeper.

I would advise anyone for peace of mind to check out the forums at Pepipoo or MoneySavingExpert.

PoFA doesnt apply to Scotland so the advice still seems to be ignore any tickets given in Scotland as long as the PPC cant prove/dont know who the driver is.

In any case, always best to keep any letters you do get (including envelopes).

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By *olly Gentle GiantMan
over a year ago

Glenrothes

One important point I meant to say in my replies is Sections 54-56 and Schedule 4, Protection of Freedoms Act 2012.

In a nutshell, Section 55 extends the parking ticket powers under Section 99, Road traffic Regulation Act 1984 to include "other land".

Schedule 4 defines other land as any land that is not subject to a road.

So - to summarise - it now matters not where you park your car - if there are parking restrictions in operation, the registered keeper (or the hirer of a hired car) is legally liable for the charges unless keeper/hirer can provide evidence of the driver.

And don't think that they wont take small claims action if you don't pay up. There is nothing to prevent them issuing one court action covering multiple charges - providing they can demonstrate that each charge has been notified in Schedule 4 terms - the courts will not object.

Indeed, the courts will probably welcome one action since it shows that the parking company has given you plenty of time to pay and will persuade the court that you are a habitual non-payer - not exactly what you want to be facing into if you get hit with a summons and it goes to trial.

By the way, ll of the above came into effect on 1 October 2012 by virtue of The Protection of Freedoms Act 2012 (Commencement No. 2) Order 2012.

Here endeth today's legal update

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By *ifes journeyCouple
over a year ago

scotland


"One important point I meant to say in my replies is Sections 54-56 and Schedule 4, Protection of Freedoms Act 2012.

In a nutshell, Section 55 extends the parking ticket powers under Section 99, Road traffic Regulation Act 1984 to include "other land".

Schedule 4 defines other land as any land that is not subject to a road.

So - to summarise - it now matters not where you park your car - if there are parking restrictions in operation, the registered keeper (or the hirer of a hired car) is legally liable for the charges unless keeper/hirer can provide evidence of the driver.

And don't think that they wont take small claims action if you don't pay up. There is nothing to prevent them issuing one court action covering multiple charges - providing they can demonstrate that each charge has been notified in Schedule 4 terms - the courts will not object.

Indeed, the courts will probably welcome one action since it shows that the parking company has given you plenty of time to pay and will persuade the court that you are a habitual non-payer - not exactly what you want to be facing into if you get hit with a summons and it goes to trial.

By the way, ll of the above came into effect on 1 October 2012 by virtue of The Protection of Freedoms Act 2012 (Commencement No. 2) Order 2012.

Here endeth today's legal update"

This only applies to England and Wales though, not Scotlandb

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