A question about : Private Parking Tickets discussion
My Daughter parked her car in her works car park, her car is registered and monies deducted from her wages to pay for parking there, she was given a parking sticker for her car, this didn't fit in the clear plastic pocket that was provided for it to slip into on her car windscreen, therefore she had the sticker on her dashboard.
The car park is barriered, entry gained with a card specifically for staff to use the car park.
She parked her car in the morning and received a ticket for not displaying her sticker, which had fallen off the dashboard onto the floor.
She conversed with the company responsible for monitoring the car park, explaining the circumstances, ie her car was registered on the system, she paid her parking fees, she entered the car park using her paid for card, it was obvious that the car wasn't just someone trying to get free parking.
The ticket issuers would not budge on a Ј60 fine, she wrote and appealed and received a letter back saying her appeal wouldn't be considered until she paid the fine and obviously, as usual, the fine would be increased if she failed to pay on time.
She was about to go on Holiday and asked me to post a cheque off for her, but she wasn't sure who to make the cheque payable to, so I rang the company up and they explained I could and should, pay by debit card.
That was the best way to pay because if the appeal was succesful, they would simply credit my card back with the money.
When the card payment came through my account, they had taken Ј1.50 more for paying that way. I immediately rang them up furious about being given advice to pay by card but not telling me about the Ј1.50 charge.
They said it was written on the ticket, I explained I never saw the ticket and the guy who advised me didn't mention it and they were out of order.
The guy said well don't worry as the whole amount would be paid back if the appeal was successful, convinced the appeal would succeed, I calmed down.
That same day my daughter was informed her appeal was unsuccessful, so the guy I had just spoken to must have known that and fobbed me off.
I've since read the advice on MSE site, that I should have read before paying this fine, ie don't pay any fine as you're admitting guilt.
Considering the circumstances I've outlined, does anyone think I've got any chance of getting this fine quashed and monies refunded?
Best answers:
- My Daughter parked her car in her works car park, her car is registered and monies deducted from her wages to pay for parking there, she was given a parking sticker for her car, this didn't fit in the clear plastic pocket that was provided for it to slip into on her car windscreen, therefore she had the sticker on her dashboard.
The car park is barriered, entry gained with a card specifically for staff to use the car park.
She parked her car in the morning and received a ticket for not displaying her sticker, which had fallen off the dashboard onto the floor.
She conversed with the company responsible for monitoring the car park, explaining the circumstances, ie her car was registered on the system, she paid her parking fees, she entered the car park using her paid for card, it was obvious that the car wasn't just someone trying to get free parking.
The ticket issuers would not budge on a Ј60 fine, she wrote and appealed and received a letter back saying her appeal wouldn't be considered until she paid the fine and obviously, as usual, the fine would be increased if she failed to pay on time.
She was about to go on Holiday and asked me to post a cheque off for her, but she wasn't sure who to make the cheque payable to, so I rang the company up and they explained I could and should, pay by debit card.
That was the best way to pay because if the appeal was succesful, they would simply credit my card back with the money.
When the card payment came through my account, they had taken Ј1.50 more for paying that way. I immediately rang them up furious about being given advice to pay by card but not telling me about the Ј1.50 charge.
They said it was written on the ticket, I explained I never saw the ticket and the guy who advised me didn't mention it and they were out of order.
The guy said well don't worry as the whole amount would be paid back if the appeal was successful, convinced the appeal would succeed, I calmed down.
That same day my daughter was informed her appeal was unsuccessful, so the guy I had just spoken to must have known that and fobbed me off.
I've since read the advice on MSE site, that I should have read before paying this fine, ie don't pay any fine as you're admitting guilt.
Considering the circumstances I've outlined, does anyone think I've got any chance of getting this fine quashed and monies refunded? - No, none whatsoever. You were conned by a private firm and fell for it, repeatedly it seems.
Incidentally, for personal case you should start a thread of your own. I think Wendy intended this to discuss the PPC guide - which actually doesn't exist yet as far as I know. - Well done on getting the Private Parking Tickets Guide on the site.
I'm not sure I agree with sending all those letters that Martin suggests. If you engage in correspondence with the PPC, they will often think they've got a fish on the hook, and keep pestering you for longer.
If you ignore all correspondence, they will have no idea whether the registered keeper was the driver or not, and will be extremely unlikely to risk paying Ј30 for a court claim, only to find out it wasn't.
There are no known cases of a PPC taking anyone to court when no contact has been made. But there have been cases where a PPC has identified a driver from a posting on an internet forum, so be careful what you write! - Interesting guide.
A couple of concerns:
• Martin jumps straight in by calling them 'fines', which is strictly speaking incorrect and gives them more credence than they deserve.
• the BPA guidelines are fairly irrelevant. The body merely is merely a front to give the industry some credibility. If their 'recommendation' was to charge Ј50 instead of Ј150, it wouldn't change the unenforceability of 99% of these charges. No harm in featuring the info, but putting it in at the start again gives too much credibility to the charges.
• perhaps too much emphasis on contacting the company. It is always wise to avoid contacting the company at all. The only cases that have gone to court are from people making contact.
The general advice should be:
• do not pay
• do not contact them
• ignore any letters you receive from the parking company, or their debt collectors, no matter how threatening
• after 4 or 5 letters 99% will simply give up and go away - OK, so the thing to do if you get issued a parking ticket by a private company is to ignore it.
But what's the score with getting clamped? Most, if not all, clamping takes place on private land so how come that's allowed?
Thanks in advance,
S. - It's allowed because the law allows it. It's private land so you comply by the terms or you don't use it - plain and simple. If you don't comply with their terms, expect them to take action to penalise you.
- Oh indeed.
It is no other than Perky of Wolverhampton. - [quote=therealdeal;17233777]No, if he would have done that then he would not be as required in the pre action protocols:
https://www.justice.gov.uk/civil/proc...d_protocol.htm
If they were the driver they should say so
Not having a legal mind would you please tell us the sections which you refer to which compel the RK to say who the driver is? Even if this is not known? - Chapter 3, section 2 of the Perky Law contains the legal requirement to name the driver. A fantasy law just for PPCs.
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