Parking Charge Notice Explained | BlackBeltBarrister
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- Опубликовано: 4 июл 2021
- This video discussed Parking Charge Notices (not to be confused with a PENALTY Charge NoticeS) which I will deal with in another video linked below. For this video I will discuss where private companies can issue invoices for parking charges and recover them from the keeper if they cannot identify the driver.
• PENALTY Charge Notices...
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I remember years ago I had a wheel clamp attached to my car in a carpark, the car was a 2CV and was easy to remove the wheel and the clamp without any damage, but the clamping company used their van to block me in and called the police on me, but when the police turned up they told the clamping company to remove their van and stop causing an obstruction, I never herd a word from the company.
NO SUCH THING AS IN ENGLAND YOU CANT LEVY ON THE LAND NO ONE OWNS LAND THE ENGLISH ARE CUSTODIANS SO PARKING FINES ARE ILEGAL AND UNLAWFUL IN ENGLAND AND THAT'S THE LAW. FACT.
Never take legal advice from the muppets in the RUclips comment section.
NCP did the same to my vehicle (in a council garage area, but not garaged) on the grounds that the VED had run out. I immediately got onto the DVLA website and taxed it for free as a disabled vehicle. Since it had only run out a few days earlier, the VED was backdated to the start of the month. I dismantled the steering on that side and threw the clamp under the vehicle and then put it on axle stands and removed all the wheels! lol
When I phoned NCP and told them what I'd done, they screamed at me that what I'd done was unlawful and would be sending for the police. I just said "You know where your clamp is. If it goes missing before you come to collect it, it's not my problem.". They quietly removed it within a few hours, although I didn't see them come for it as I was out in one of my other cars at the time.
Since then I've been issued with 3 parking charges. The first was for 'parking in a post office loading bay' in a town I've never visited in my life. They folded (alleging a CCTV error) when I demanded proof..'
Number 2 was for 'parking in a disabled parking spot without displaying a valid blue disability parking badge'. It had slipped off the dashboard and onto the passenger seat *directly behind* where Stevie Wonder slapped the 'fine' notice on the windscreen. I ignored it and haven't paid anything in the intervening several years.
The latest (£160 still unpaid for over a year) was for 'returning to a private car park within a 2 hour period of leaving it'. Yeah. A nearly empty GP surgery car park on a day when both surgeries were closed for the half day. I was returning to collect my life saving meds from a pharmacy that shares the same building as they weren't ready the first time, so I drove away to do other things for a short while and returned for them a little later.
@@navojowebb8956 simply not true! Where on earth did you get that idea?
@@Musician-Lee Look up true English law not the perverted BS. And you will see English are custodians of the land and can not levy on it fact British perverted money making as they did with most English laws perverted lied and covered up.
Euro Car Parks bizarrely wrote back to me to say my appeal had been successful.....even though I hadn't appealed the charge. They just didn't want to answer my question - "Is this a penalty charge notice or an invoice? If it's supposed to be an invoice, it's missing details that would make it a legally valid document". I went into no further details, but stated that until this question was resolved, we (the registered keeper was my company) did not accept the charge.
I also added that if Euro Car Parks would like to be added to our approved vendors list, we could send the application form to their HSEQ department.
I used their trick and gave no contact name, email addrees or phone number, just the company name and address, so they HAD to respond in writing, just like they forced me to do.
These fake fines are NOT legally valid invoices because:-
1 They do not prominently display the word " Invoice" on the document
2 They do not display an ACTUAL, sequential invoice number.
3 In the case of invoicing another VAT registered business (my case) they fail to detail the value of the VAT charged and the rate (e.g.20%) it was charged at.
I would encourage everyone to complain to the DVLA, the land owners, any businesses who are used as lures to get you into the parking spaces and HMRC if your business has been "invoiced" - If there is no VAT information, how can you make an accurate VAT declaration? How can they make an accurate VAT declaration? Is a giant scale VAT fraud being committed?
It costs a business approximately £50 in labour, admin and postage to write a bespoke letter. Forcing them to write just one will mean they are no longer making money on the scam, two and they're losing money. You know what to do!
No, VAT is not applied to any local or national government charges (that I am aware of). They exempt themselves from the rules that they apply to companies and individuals.
Hi Neily, I got a ticket from Euro car park today ,which says I didn't pay the parking fee and display it. However, I paid the fee and displayed it under my screen. It were two months ago, I already throw the ticket away. They only send me a letter with my plate (which was took by camera). they don't have any other evidences shows that I did not display my ticket. Shall I reply them or I just ignore it? I don't mind if they want to go to the court
How do you register a vehicle in the name of a business instead of an individual ?
If you don't want these bullies operating where you live tear down their signs in the middle of the night. No sign = no parking restrictions. Stand up to these bullies. And NEVER pay unless a court tells you to.
I received a parking charge notice for parking in a Tesco car park on a Sunday, whilst I was in Tesco's purchasing goods. In my error I thought parking on Sundays was free. When I contacted the parking company they said I should have obtained a free ticket from the machine. I told them they were not entitled to "fine" me for not getting a free ticket, as I was legitimately parked whilst shopping I told them I would no be paying them anything. They told me I needed to take them to court. I never heard from them again.
Snap. I was done in a Sainsbury's car park at 8:30pm at night. The huge car park was empty save for 2-3 other cars. Never saw any signs nor machines. They used number plate recognition cameras. Parking was free for Sainsbury's customers. I was there about 15 minutes. Got a demand for £100 from PMC. Sainsbury's don't want to know. Shall never ever shop with them ever again as I believe they can and do get them cancelled. Thanks for posting your brush with these vultures.
@@alexmorgan3435 keep on bro, we've all had bovva with these same tbrushed khntz.
@@alexmorgan3435 Oh, yeah, it’s a piece of piss for someone at Sainsbury’s (or any other organisation in cahoots with parking management scum) to have one of these cancelled.
@@alexmorgan3435 Always keep your receipts when parking in a supermarket carpark so you can prove that you were a customer.
Providing that was more than 6yrs ago you're fine...... These companies like to wait, they have 6yrs to take you to court and they don't have to legally try and track you down if you move. They win hundreds of cases just by serving old addresses and first people know about it is when they try and get a loan and have a ccj sitting there.
Who do I complain to for putting "Tired? Take a break" signs just before a service station that pulls this crap and charges me £60 for falling asleep in the empty car park for 4 hours after midnight?
@Kris Nicholson Waking people is a great way to get verbally abused or worse.
I've done this twice. Told the company to s*d off. Advised them I'd pulled off the motorway into an approved rest area and took as long as was necessary to rest. Also advised that I never left my vehicle and therefore did NOT read the small print of the signs since they were not readable from inside my car. Never heard another thing from them.
Offer em a free tuiey !
@Kris Nicholson I nap in those car parks with a loud alarm set on my phone, so I don't oversleep, on long journeys, as I imagine most would. Some will pay for overnight parking, Please don't disturb our sleep.
Those signs are usually followed up by a sign saying no services for 60 miles.
I can't lie, I did have a chuckle at the part of the video where he said that parking eye was forced to pay over £1500 in court costs after issuing a PCN to someone. Talk about a plan backfiring 😂
That probably wouldn't pay for the barristers time in respect of the case though.
Same here though sad fact I bet they make that back inside a month of people who just pay especially if eg a city center car park for argument s sake say in London
Pretty sure there was a case where they agreed to pay all costs for both sides before a trial because they wanted a precedent.
Their offices need burning down with all the scum still in them lol 😂
Tell the PPC that you are a traveller and that unless they leave you alone, you and your extended family are going to roll into the car park complete with caravans and stay there for a few weeks.
LoL.
@Tom Foster plus fenced off areas, plenty portaloos and no parking fees levied .
Ouch.
And leave tons of rubbish behind when you eventually leave, having thieved everything and everyone within the area
And then tarmac it and charge them.
@@user-op8fg3ny3j you have any idea how long I was trying to wipe your pfp off my screen lol,
I was charged for parking in a car park in Leigh on Sea which had no signs at all inside the car park but the single noticeboard outside was so high it could not be seen or read by any car driver unless they had a glass sunroof. A deliberate trap.
Old trick of the clamper clapheads.
I got a ticket for a car park in Aberyswith than had been free for about 30 years. It is a car park for an NHS clinic and NHS in Wales is usually free - but in this case the car park isn’t owned by the NHS.
They put in a payment machine and just one sign, to the left of the entrance. That means if you turned right into the car park, you could see the sign. If you approached from the other direction and turned left into it - you could not see it. No other signs at all. I complained about the ticket - and in the reply was told ‘it is the driver’s responsibility to check for parking conditions and signage. The car park has adequate signs’.
They quoted the Beavis case to me last year, I asked them to send me the photo's they will later rely on in court after I parked in a hospital with free parking. Luckily I took my own photo's when I saw the yellow packet on my window.
They never did reply. Tossers.
Thanks for putting together this video. However, the Bowen case as it only reached the small claims court doesn’t set any precedent. There was a fair amount of bluster from Parking Eye about considering their options but wisely they didn’t appeal or apply for the judgment to be set aside.
I hadn’t realised Parking Eye was owned by Crapita - it makes sense though.
@NickW1111 If you are reading internet advice from pages which say that Crapita own ParkingEye Ltd, those sources are seriously out of date - and so too the possible outcomes of following their advice. The law has developed rapidly since 2012 and has yet to crystallise around the Private Parking (Code of Practice) Act. Do get proper legal advice - parts of the internet are bandit country.
Good point
Another good reason to switch to streaming, and bin the TV license.
I over nighted in motorway service station on the M1. This in my motor home. Sometime later I got a charge notice showing a night time arrival 5 after midnight and an 8 am departure, both by time stamped photograph. Which was as I recall accurate. . On arrival I walked around looking for the rules or a parking meter. There were none. After three letters exchanged, they said there were notices. I said were they lit? Were they visible at night? Could they send photographic evidence? Turns out they were not lit, and therefore not apparent or visible. They gave up.
As an Advocate, I help people contest such Notices (I'm not a driver myself). I just wanted to say that this is a detailed and very helpful presentation. Thank you.
One of these parking companies was daft enough to take me to court after they ticketed me in less than a minute and a half.
Long story short, the judge was not at all impressed as he had seen the video from my dashcam showing exactly what had happened, so he awarded me £440 in costs which included my counterclaim fee, and a further £560 in damages as in my counterclaim.
A grand in total, so a bad day at the office for that bunch of crooks!
ahaha you legend. thanks for sticking it to these scum bags
There is also the chance the judge was stung by these clowns in the past himself 🤣
What was the basis of your counterclaim?
@@alancorn8308 Breach of the Data Protection Act, Breach of the Equality Act and Breach of the Protection from Harassment Act. It took the judge less than 5 minutes to dismiss their claim, he then spent the next hour and a half talking about my counterclaim with them trying their hardest at damage limitation.
They asked for leave to appeal which was refused on the grounds that they had brought it upon themselves
I've had many many tickets from these private companies and never paid any of them, never had any officers round at the door and no ccj either 😄
A lot of these car park management companies are incompetent. Got sent a notice , replied to them that I had the land owners permission to park there with the evidence. Got another warning letter this time the land owner sent them an email saying I had permission. Got the court summons so i attended they didnt even bother to turn up.
Vanka set up pirates.
Your biggest mistake was acknowledging receipt of the first letter they sent you. I couldn't give a monkey's what a "barrister" says, the truth is these people have no power. I had one of these "notices" about 6 years ago and I ignored it, after about a month I got another, more threatening letter, which I also ignored. A month or so after that I got a letter from the court, or so I was supposed to believe, to the untrained eye it did look like a summons but unfortunately for them i have seen enough court summonses to know what they look like, I ignored that aswell. After about 6 weeks I got another letter offering a 50% discount, still ignored it and I haven't heard a thing since, btw, I wasn't parked illegally.
@@sambrooks7862 you realise they changed the law recently? They DO have power now.
I agree, 6 odd years, any private company could be ignored, no matter how many threats they sent.
It's not like that now. If they part of the parking organisation(I forget the precise name), you can't just ignore it anymore. You have to appeal it and go thru the process.
Do some more research on CURRENT legislation and see how things have changed.
@@RichO1701e yes I know that the law changed a while ago but these companies are nothing more than chancers. If I had responded it would've eventually ended up in court and I would've won but I have neither the time or inclination to bother with these parasites.
I once went to Luton Airport about midnight, in the rain to pick someone up at the drop-off bay. I suddenly saw her at a roundabout, stopped, opened the door and drove off. I was caught (and fined) through a camera somewhere for 'parking!'. I never saw any signs in the rain and darkness and stopped for a few seconds for her to jump in. On a subsequent occasion I saw a 'no parking' notice high up on a chain link fence in the daylight about where I had momentarily stopped. It still riles me all these years later.
I have never paid one of these. In every case, I've admitted overstay and offered to pay the extra parking fees. I have never been taken to court or paid ridiculous amounts.
that's interesting, what is the response of the company when you take this approach? I've recently got given a ticket and paid it off but would appreciate getting some insight from you!
I throw them in the bin and pay nothing
@@KB1Production they accept the payment. I got charged exactly 1 pound for 30 minutes over. As I didn't question overstaying but refused to pay their "fine". I told them they'd have to go to court for their £80.00 as I considered it ridiculous and my overstaying was out of my control due to being stuck in a meeting. They never bothered me again and took the 1 pound and closed the matter.
It costs more for them to take you to court
It doesn’t cost them more as they will apply for their costs to be paid by you
I drive my father's company van. I received a private parking fine. I wrote them a letter saying that I don't doubt that they are correct, however I require a £35 admin charge to release any details due to data protection.
I received a letter of apology from the private car parking company and that was the end of the matter.
yep done that on at least 6 pcn works everytime
is this legit? Assume it doesnt work for penalty notices :) Usually with private notices, I ignore them successfully. They do send a few nasty sounding debt collection letters (with made up company names no doubt), but I ignore those too. Generally speaking I pay for parking. Occasionally I forget, or they fuck up though.
@@haptik_dj i did try it with civil enforcement fines it didn't work. However what you can do with the civil enforcement parking fines. Say you had one ticket or even several and it ended up costing you grands in charges etc. You can do what's called a statutory declaration. Basically you need call your local Magistrates Court and tell them that you want to do a stat Dec. They will probably get you to go down there on a Monday morning, your probably have to sit there for a couple of hours and you just explain to them in the dock on oath that you got these parking fine with all these charges and you've only recently found out about, what they do is they reset all the charges back to the original fine/s so then you can just pay £35 or whatever the charge is rather than £1000s. Because nothing is sent recorded it's very difficult for them to prove when you found out about these fines and charges.
In fact you can do a Statutory declaration for any kind of debt to the state, even if you have the bailiffs knocking on your door. I also did one when i got done for speeding, the divs send the letter to the wrong address and when i found out they gave me 6 points and a rather large fine for speeding and failing to identify myself. So off I went, stat dec which resets everything and I just paid the original fine and took the 3 points on the chin. I've done several statutory declarations in my life. However I do know a few years ago they did slightly change it to stop serial stat deckers like me lol. But lucky for me I've not had to do one for years now.
But when it comes to private parking tickets yes I promise you what I've written worked for me. Unless they have found a way around it by now, but I'm not sure how they would get past the data protection act. But it's still worth a shot. It was the company that run the gala Bingo car parks. Can't remember who they are. The only reason I stopped using that car park was cause my father was getting fed up getting the letters. So out of respect for him ya know cause I was getting 1 a week for about 6 months and I was really taking the Mickey. Lol fook em I say.
@@vitallink4830 are you an izzy miaki i take it?
@@bobbyfischer6786 who? Lol
Thank you for this video, which is very clear and refreshingly factual.
Much of the information about Parking Charge Notices that I have seen on the internet has been misleading by being out of date or even mischievous, so I have put a link to your video on a Customer Support page for people who want to appeal PCNs at my work. This will help some of them, I am sure.
I am looking forward to your update following full implementation of the Private Parking Code of Practice Act, which will further regulate fair practice.
While the highly regulated public sector and private sector ANPR car parks attract much attention, there is a class of car park which is much less well regulated and has escaped scrutiny - the private car park with no ANPR. Will there be a video on those too?
You make the point about contract being fair. My understanding has always been that a contract regulates the conduct between the parties. If the contract is not negotiated between the parties, but imposed as in the case of parking charges, and the terms are significantly againt the interests of one of the parties, that the terms are automatically unfair and the contract will be unenforceable and void.
It is common for parking companies to load their penalty clauses so that the (fine) charge is disproportionate to the 'offence' or actual losses. I used to work over all of the UK for the NHS. I was parked in a hospital car park which was free for staff. I was issued a £90 parking charge notice because one of my car wheels was just touching (about a centimetre of one tyre touching the white line) a white line dividing each parking bay from the next.
In a free car park, there could be no loss to the car park company and neither was I preventing anyone else from using the car park. It is this behaviour that I argue is an unfair contract because one agrees to nothing in a free car park and no conditions of use were posted, because it was for hospital staff. As an aside; it was managed by Parking Eye. I refused to pay and wrote a letter citing the contract as uneforceable, not transparent and unfair. The response opened with the happy words; "on this occasion' we will waive the penalty charge" .
The point remains. Where a person is not a signatory to a contract and the terms are not transparent and agreed by all parties, is that 'contract' not unenforceable and void in law? If for example you have to cross a car park barrier to enter a car park to read the contractual terms, find them to be distasteful and decide to leave, it cannot be right for the car park owner to claim you agreed to the contract that you had no hand, act or part in drafting... and certainly did not agree to abide by it. The mere act of driving into a car park cannot be taken as agreement to its terms, especially where they are onerous and remove many of the consumer's rights.
The parking around hospitals is questionable! You race to A&E with a child or elderly person and have no time to park so they fine you.
Ask the doctor or nurse for a letter stating the emergency is all you need.
I ended up 4 days on AE car park after being admitted.. No charge when i spoke to security.
you can go to PALS which i think is patient advisory liason service
I’ve never paid to park at a hospital, just follow a car out through the barrier.
You shouldn't be "racing" anywhere, especially with a child in your car, you are so irresponsible!
HOW TO CHALLENGE PARKING NOTICES: ruclips.net/video/betK9QpiRZE/видео.html
PARKING CHARGE NOTICES - PART 2 ruclips.net/video/4k9iH4nfA0k/видео.html
Ask your questions over on ruclips.net/user/blackbeltsecrets
A couple of things. 1st if there is a ticket given/applied to vehicle. The notice to keeper must be deemed delivered between 28 and 56 days. And with anpr it's not just going to DVLA within 14 days. It must be that the ntk is deemed delivered to the keeper within 14 days.
Secondly even though a PPC will of complied with pofa 2012 in respect to transfer liability to the keeper. Pofa 2012 sch 4 clearly states that the most that can be recovered from the registered keeper is the amount stated on the ntk. Yet all of these companies (apart from parking lie) add on an illegal £60-70 charge and try to recover that. They then attempt to claim this amount at court, which is an abuse of process. There are some courts now (notably Southampton) that any claim that has the artificially inflated charges gets instantly struck out
@@Nickle314 because it is not a fine only the police, a court or a local authority can issue a penalty or a fine
Just lost my fluttering ticket case. However judge has allowed me to challenge Britannia Parking fees for going to court.
Just organise your own bailiff neighbourhood watch, akin to NI, the goons arrive, are immediately confronted/distracted while their vehicle is rendered inoperative and they get the bus home.
I’m sure there’s some council estates and ethnic minority ghettos around here where if a bailiff tried that the defendant would be straight on his mobile phone to gather his mates. The bailiff would be leaving in the back of an ambulance.
There’s a good video on RUclips of the Police stopping a car in a cul de sac in Bradford. The car driver then got dozens of his mates to block the police in and almost started a race riot as they started getting agitated with the police. I think the police officers needed a change of underwear when they found they were outnumbered and blocked in.
It’s rumoured there’s certain areas where the police won’t go? I read a book about NI where the army had to escort a police officer, for his own safety, when the police officer went into certain NI villages.
Love it . My local council have had to repair replace their meters god knows how many time and the goon cars and bikes seem to get an awful lot of punctures lol 😆 😜
As a law student, your video was super informative to watch! Thank you.
If the DVLA was prevented from providing people’s contact details to accredited parking organisations ( which is a contradiction in itself). the private parking industry would die overnight!
And a lot of wasted court time and misery would be prevented !
I won against a parking charge notice company. I claimed I hadn’t received either of the notices they’re obliged to send and asked them for a proof of postage. They predictably replied with the “Protection of Freedom Act 2012 delivery will be assumed unless you can prove otherwise. You need to take your case up with Royal Mail”
I replied to them that I hadn’t asked for proof of delivery, I’d asked for proof of postage. I then pointed out if they couldn’t provide said proof of postage then they couldn’t:
1:Prove those notices had ever been sent.
2: They therefore couldn’t assume delivery.
3: They couldn’t prove that they had complied with the governing body regulations they’re obliged to operate under.
4: I will not be paying this charge and I would see them in court.
I got a letter back a week later saying my parking charge notice had been cancelled.
Gold, I'll be using this.
@@gustav1235 glad to be of help 👍🏻
@@prf76 Hello again, so I got my Parking eye PCN today, when should I contact them to request proof of postage? Should I wait until the 14 days have expired or do it immediately?
@@prf76
Date of event: 12/10/22
Date Issued: 17/10/22
Letter arrived: 21/10/22
@@prf76 And can I just phone them up and record conversation instead of writing letter?
A mate of mine entered a car park, left ten mins later(within the free period) then returned later that day and did similar. He got a ticket as, mysteriously, the photos of him leaving first time and entering second time ‘went missing’. They were simply trying it on. It had happened a number of times to others who for what ever reason paid up. He did get it overturned but only after involving local press.
So how are DVLA allowed to give out personal information inc address?
Would this not be covered under GDPR?
DVLA use the ‘legal obligation’ lawful reason for sharing your data with these parasite parking companies, but that conflicts with the DPA 2018, as they exercise discretion when handing out your details, and if they can use discretion, they can’t use legal obligation as their lawful basis to share the data. I put in a complaint with the ICO over three years ago, and they refuse to determine the outcome, because they know this would slice off a £26m per annum income for the state and DVLA. It seems they’re all in cahoots and looking after each other, while shafting the rest of us. Distrust the police, judiciary and government - its the only sensible route left.
@@DanSmithBK shytehawks all.
The Idea that you have any kind of privacy is an illusion.
Because you applied for a driving licence. DVLA own your vehicle registration and your vehicle. That's why the police steal it if you have no insurance. Contract...
@@ef7480 💯👏👏👏👏✌🏻✊ A.C.A.B 👍
Had a few ignored them, one collection company must have "bought" the charge and sent threats for about 2 years before giving up.
I think any charge under £300 is not worth them taking it to court. Plus the they can't take the hundreds of people who don't pay to court and as is not a legal contract. They just rely on the people who get scared and pay up so they are still making money anyway.
They often sell the debt.... to companies who have no legal enforceable contract. They go away eventually.
@@martyndawson7484 I love this idea that there a debt, ignored about 10 letters from an asda car park and now the parking company says there is a debt of £408 lol, keep cutting down trees to me that I don’t care
@@daniel117100 There isn't a debt. That's the point. Only an original creditor can pursue a court case and there is no credit agreement to claim against. Plus no statute permitting them to make up fines. For a contract to be valid, the terms have to be understood by both parties, so they would have to translate their terms into numerous languages at point of sale for them not to be discriminatory to none native speakers. They also have to have planning permission for any camera 'evidence' they might try to present in court. Sending ten unstamped packages full of catalogues to these operators is very satisfying.
Last week, I dropped off two bag's clothing at the The British Red Cross shop. On my way out, a traffic warden was looking at his watch and started to issue me with a ticket. Literally, I was ten seconds over the five minutes stay and I received a ticket for £70.00. What really annoyed me, was that other cars had been there all day and my Jeep was the only one targeted.
On returning home, I paid the fine, but unbelievably, I was immediately refunded the amount paid.
How strange!
Love this companies, we normally receive a notice to owner, claim we have parked, we operate waste collection vehicles, we are loading, or delivering, but they never listen, so we just ignore them if they want to go to court fine with us. But they threaten High Court Collection Agents will come and take monies, even say they are the company on TV, of course in the small print on the back page it mentions they do need a court order to do this. But for normal members of the public this must stopped!
I had a friend get one of these. They are from a DCA (debt collection agency). I had to laugh because it was like the thing you would see on on K-Tel products in the 80's. They have bought the debt speculatively from the rogue parking company and have no enforceable contracts with anyone they contact. I usually send these companies an unstamped large envelope full of catalogues. At least ten times.
I was unable to leave a car park once as they were doing roadworks to the entrance/exit which caused absolute gridlock. I had to walk home to be sure I was there for my son at school kick out time. I went back for my car that evening once the chaos had calmed down. I received a parking charge a few weeks later. I wrote to them explaining why I overstayed and they completely ignored me and carried on trying to recover the charge. So I’ve ignored them since and now get debt collector letters every few months. Fuck em!
any update?
@@TheNightwatcher123 the odd collection letter every now and then. I want them to start court proceedings so I can have my say and put it to bed. Don’t think that’ll happen tho.
As well as the legislation, the trade bodies have a code of practice. POPLA upheld my appeal against Parking Eye because PE did not follow POPLA's code of practice in my case.
My appeal was also upheld by POPLA for a similar reason.
Our MPs did one good thing by stopping these hoodlums from clamping/towing our vehicles, but they need to do another good thing by making it more difficult to get our names and addresses. Either by forcing them to go to court to get this info, or by massively increasing the fee they pay.
I learnt how to pick locks it was part of my job . So when I got clamped I removed the clamp and attached it to a post . Never heard from the criminal that thought he was going to take my money
What kind of core was it ?
I sorted lock on my wheel in a public house car park…. I Parked in there briefly to collect some mx parts from shop next door, unfortunately came out side to a clamp on my wheel, & the dreaded yellow ticket 🎫…. Called my pal up who came with his sthill saw & removed it, we also proceeded to chop the clamp to pieces & leave it all on a nice neat little pile on the pub bench for them 👍… received a nice letter & picture of my car entering & leaving no mention of the clamp 😂😂😂 ignored the letters for 6 months & not had a bean since it’s been 3 years now
I followed the information you gave here and in your other videos and lodged an appeal based on insufficient and unclear information.
And they cancelled the ticket.
Thanks loads.
Get a dash cam with GPS, and time date on screen information, game changer
I ignore private parking "speculative invoices" never had any problems, much like the BBC they send you lots of threatening letters but they never do anything, all bluff and bluster, stand your ground, ignore them and spend your money and time on something else, great videos as usual.
Great advice. Was the signage “Adequately brought to your attention” seems to be the theme here. Thanks for sharing. 😀
Advice wanted
Early this year I was parked overnight (truck driver )in a lay-by in Kent it turns out this was a no parking zone(5tonnes) but the sign to inform me of that was not standing up and the lay by had no signs either
I was clamped but no pcn no. Was left or no contact details left either after txting police they advise not to cut it off
So some 4 hours later a parking inforcement ban came and released me but I had to pay£180 I appealed but they have gone deaf what shall I do next ???
@@owenhoney3747 - I would suggest that in your case the parking restrictions (the fallen down sign) were not adequately brought to your attention prior to and during your parking there. I do recall case law in the past using this as mitigation. What is the name and address of the company you paid the money to?
@@rogerhargreaves2272 it was Kent county council
What happened was the company in the van (kcc subcontractor) placed a empty yellow bag on my screen to hold a a4 laminate to my screen
But no details whatsoever and my daughter had to dig around for me to assertain the source I still haven’t heard from the appeals section mate next step my mp and paper!
@@owenhoney3747 - good luck on that one. Unbelievable that they put an empty ticket wallet on your vehicle, total ineptitude. You definitely have a good case for which they will have to pay costs.
They keep putting up more and more signs, also their signs are 'audited' by the corrupt bodies that oversee them -I wouldn't rely on winning on sigs these days.
This reminded me of shoe lane parking case which i studied as part of my law of Contract course.
Its interesting to note with the mention of the signage and the size of the wording, I had a similar issue with a PCN, upon further investigation the signage just stated "Unauthorised Parking Prohibited" nothing else, I went around and took photos and the only sign that had anything other was a small sign in the far side of the car park. The issue I raised was the effective positioning, the size of the terms and conditions in regard to the font size. Case was thrown out on that basis, saved me a £170 charge. ~Trooper
There were two letters that won the second case, QC. Says it all really.
"It is a big club and you ain't in it" - George Carlin
@@colinfoster2191 Absofeckinglutely.
I've been studying UK Law for many years and how corrupt I've found it to be, (they openly admit, the Law is an ass). The Law is to protect them, this is being born out now on an daily basis. As we see their agents (Police) allowed to go free, or a slap on their wrist. Whilst the plebs would go to prison, or receive a massive fine. In my many years of research, it's all contracts. But they don't stick to their side of the contract. Protected by gateway judges, who just shut their gate on you. They are all controlled through the Law society and take the shilling. Taking silk, member of the Bar, Queen's Council. I knew a senior Detective once, just before he died he told me quote, "the Law is for the rich elites, not for the likes of us" unquote.
ETA: Not shooting the messenger, of course.
Yes i think i will add QC to my name, if asked i will say quere chap.
Don't be bullied into paying anything. If your not receiving goods or services for your money your being robbed!
No contract, no fine, as far as I am concerned. Have one coming my way sometime this month, and going to try something that has to do with the Capacity Act, which will be very interesting
@@collincovid6950 are you claiming the driver didn't have capacity to enter a contract with the parking company?
Sorry I'm not that familiar with that act. Let us know how you get on
Providing & maintaining a parking area is a service though, park there & you've used that service.
Its a great thing for baraster to give this advice in very clear manor thank you
Some years ago I had a parking charge notice from a Hospital carpark. I refused to pay this as there were no other spaces there other than the wrong one I had parked in. Furthermore, It was a "pay on exit" carpark and I simply reminded them that they had accepted full payment from me on exit, and had not seemed to mind doing so at the time :) They never took it any further.
When my wife received a parking notice for parking outside of a bay (the car park was free to park so no normal time issues) I drove to the car park relying on my dash cam to show the approach to the car park, then went snap happy with all bays and signs.
The organisation the parking company were part of had a rule that their signs must be visible upon entry to the car park. Some brain donor had fixed it to the hinged gate that swung out of view when it was opened, compounded by the bay marking being in a very poor state and heavy leaf covering on the ground on this autumn day. The invoice was credited and my wifes registration has been put on the companies 'don't ticket list'. Its great that they need such a thing!
Recently a young lad was wrongfully fined for overstating the 20 minute grace period at fistral beach car park in Newquay (Council owned but private company). If memory serves I think he used dashcam footage to show the entry and exit cameras times to be out of sync (if anyone ends in court this may be a good one for the bad guys to demonstrate) the lad then went on to raise a small claim for harassment of £250 which was settled without even any null disclosure, hence the article being in public arena.
i have 30 parking tickets from private car parks and never replied to them not 1 penny have i payed .
So glad I found this channel. Great stuff. 👍
Awesome, thank you!
Although there are appeals procedures in place, I am sure that appeals are usually turned down on the principle that make life as difficult as possible and people will just give up and pay up. To the DVLA, giving out particulars is a handy source of income.
Videos which actually are interesting, great stuff.
Any plans on doing a video on employee rights if employer forces their staff to return to office as I have been working from home since first lockdown and my performance has only improved.
😀😀😀 read your employment contract . Where is the place of work ? There will be plenty of vague wording your employer can demand many things from you without breaching anything
@@mrbeanz6451 thanks, which part shall I look under the employment contract? Also it is a call centre where most other departments can still continue working from home
I’m betting the only reason the second guy got off with his parking charge was because he was a QC and not the case he brought. They do look after their own don’t they
But this fella is trying to help.....
@@suzyqualcast6269 yeah he is a great guy. Can’t say the same for the rest of them though, as the BBL is a very rare breed in the justice world...
Most judges are so full of themselves and can be biased just on the way a defendant dresses or talks etc...
I agree. And I think the term regularly used by judges is:
"Of good character"
If you're not of "good character" then different rules apply.
@@stuartd9741 yup or they reference your job or place of residence as defence of your ‘good character’
It doesn't matter. The case is now enshrined in legal history and can be used by anyone in support of their own case.
For a private parking company to operate they need written permission from the landholder. Many parking companies do not have that permission , especially those on residential land. They usually only have permission from the management company. So if you have had a parking notice put on your car in a residential car park, request a copy of the signed agreement with the landholder/leaseholder. In 90% of cases the parking companies do not gave proper permissions ( as specifically required by their trade associations)!
Yet another brilliantly helpful and informitave video, than you.
Thank you!
I'm on the other side of most comments here. Myself and neighbors live in a scheme with private parking on land that we all pay to maintain. We have signs everywhere but constantly have drivers parking in our bays and obstructing our access. When we talk to drivers we often get abuse.
We now use a company where we can take photos of the vehicles with the signs in the same frame, they will then issue tickets and chase the 100 pounds charge.
Owning a car does not give you the right to park wherever you wish, I pay for the grounds where I live, it's my property as is my house. Do you have the right to walk into my house and make yourself comfortable uninvited.
I agree there should be clear signs and where there are you should not park or pay.
Many PCNs are issued because a single digit from the registration was entered incorrectly, for example.
What about the admin fees to get them cancelled?
Any experience with those?
My son got caught doing 36 in a 30 in February this year. However, he didn't get the notice until the beginning of June. He wrote to the appropriate force saying that "as he didn't receive the notice within the legal 14 days, he believed he was right to expect the notice to be withdrawn". He then got a reply that said (in jingo-ese) as it was a company van and they had to spend time finding out who the driver was, they had the right to still enforce the notice. To top it off, they refused a road awareness course and slapped three points on him.
There are other angles as well. For example the signs are classed as advertisements and any that are large enough to display the Ts&Cs in a font that is reasonable to read will require planning permission. Erecting those signs without planning creates a breach and a contract will be considered illegal at its formation when it is incapable of performance without an illegal act.
One parking company had to cover their signs at a car park because the LA issued an enforcement action for not having the correct pp in place.
So someone can clamp MY car, not allowing me to move it, and I NEED to contact the company to come and take it off, but if I cut it off then I'm in the wrong? Sounds right...
Have a look at lock picking lawyer on YT. Some locks are not very secure. Takes a bit of practice picking. But if you remove the clamp without damaging it
Not sure what they can charge you with If he clamp would still function.
@@jpross68 Depends what you lock the clamp to.
I'm of the understanding if you remove the clamp that's illegal.
However,
if you can remove it in a non destructive fashion then there's no crime committed?
If you locked the clamp to a tree or lampost council could charge you with littering or fly tipping. ..
...
I also wondered once a car is clamped you can say that clamp is on private property (the car) YOU claim ownership of said clamp put your own lock on it and request a removal fee?
Which counters the original charge.
Not sure if it will hold up in court.
Thou possession is 9/10th of the law ?
My wife received a parking charge in London even though she had permission to park. She subsequently received an £80 fine which she paid. 2 months later she was then harassed by Gladstones Solicitors to pay the charge and despite many calls to their office telling them we had paid it with accompanying references to the case, she was then given a notice to attend court. Gladstones wrote many threatening emails to her and she was even informed a CCJ was taken out against her.
Everyone beware of these individuals who purport to be on the side of the law but in reality, they will stab you in the back to steal your money from you - namely Gladstones Solicitors!
I was forced to get a solicitor to fight the case and manages to get the case overturned before her appearing in court. Yes, it was resolved but not without significant stress and, money and hours spent defending ourselves. We were as a result about £200 out of pocket when we actually paid the parking charge from the very beginning.
An absolute outrage
The CCJ may still be against her name, have you checked this?
@@davecom3 yes. We were successful in having the case 'set aside' I think they call it in legal circles. This all occurred 2 years ago and I'm still boiling over it. In a nutshell, car owners are targeted because motorists are easy meat for ruthless unethical lega practices
@@ianross04 very true, and good outcome.
@@ianross04 You should pursue them under the Protection from Harassment Act 1997 which has criminal as well as civil liability. £10k + costs would seem a good figure to go after them for for what they did to you and your wife.
@@alexmorgan3435 I wanted to because we had all the proof that we had indeed paid it. When I asked our solicitor about compensation for all all anxiety it caused us, he basically said he doubted there would be much to gain factoring in his costs. These parasitic Solicitors probably know this and they can afford to use their knowledge and the system to their financial advantage. Its a win-win for them!
Great advice. Thank you, I’ve just received a PCN from parkingeye, I pulled in to a hotel grounds at Scotch Corner on the A1, purpose was to check my directions, A1 or A66, I neither looked for nor noticed any parking signs as it was not my intention to park, I was there for 11 minutes in total whilst I checked route, never switched engine off, never left the vehicle, sent my appeal and a/w response. Any advice welcome please folks 🙏 thank you
Hi Ian, I received a PCN from parkingeye also. I didn't pay for parking as I was picking my girlfriend up from the pub so was expecting her out swifty. The PCN states I was there for 6 minutes from 22:24 to 22:30. There was literally only my partners friends car in the car park, and that's the only reason I pulled up there. What was the outcome of your appeal in the end?
All great points BBB. Would you do a lesson on taking on the police in Court please. Thanks
This is exceedingly timely. I have a Parking Charge Notice that has turned up in the last 24 hours from parking on Sunday morning last weekend in a car park that had a sign that said "Mon - Sat 9am - 6pm Permit Holders B or Pay at machine" in front of the bay I parked in.
They've now sent me a notice that they expect payment of £100, or if it's paid within x amount of time, £60. Same for relatives, who were also in that car park during the same duration. Their signage was a bit unclear - I suspect someone has meddled with the notice that applies to the road and turned it around, but it was definitely in front of the bay I parked in.
Either way though... they're sure as hell not going to make much money out of me by the time they've paid for handling it.
Dose the DVLA not need to follow the general data protection regulations thing
This is the thing that really irritates me, the DVLA giving out private and personal data to private parking companies. 🤬
@@dadu3833 Yep.
@@dadu3833 That's cause the DVLA get a bribe erm I mean admin charge.
DVLA use the ‘legal obligation’ lawful reason for sharing your data with these parasite parking companies, but that conflicts with the DPA 2018, as they exercise discretion when handing out your details, and if they can use discretion, they can’t use legal obligation as their lawful basis to share the data. I put in a complaint with the ICO over three years ago, and they refuse to determine the outcome, because they know this would slice off a £26m per annum income for the state and DVLA. It seems they’re all in cahoots and looking after each other, while shafting the rest of us. Distrust the police, judiciary and government - its the only sensible route left.
I agree, there should be a section on your log book for you to tick saying " i do not wish for my data to be given to private companies" business websites have to give the option to opt out of cookies so i think the dvla should as well!
Thanks again for your Professional advice.
Parked in a motorway service station at night when it was closed. Received 6 letters. Ignored them all. Never heard any more. Same thing happened in Supermarket carpark when overstayed by 15 minutes. Ignored all the letters and never heard any more.
That approach does still work, although not as often as it used to.
@@stevenhodgson834 As far as I know anything under £300 isn't worth them taking it to Court.
@@nickhyde420 Easily done these days, by the time they've passed it to a debt recovery firm and added some fees onto it.
I'm sure the last spate of letters I got were talking about north of £250 including fees, and that was a few years ago.
What happens if the security company scratches your alloy wheels as a result of fitting the clamp
So glad this wasn't another "freeman" explanation about how to get away with anything... That never actually let's you get away with anything in an actual court.
Good info
No, sadly he is part of a well established order with its integral, long established, govt leaning bias. Northampton Courts anyone?
We live in a private cul de sac with three other dwellings. We have two parking bays in our cul de sac for ours or our visitors exclusive use. Others on our estate insisted on using the bays even after we showed them they were on our land. As has been said we were not allowed to clamp or remove these vehicles, so I checked on a police website and it stated, if there is a gate or barrier left open and people come through said gate to park we were entitled to close and lock the gate. On this advice we fitted three lockable post across the entrance to our driveway with a notice stating private drive no parking. Needless to say the same man tried his luck and drove in and parked, we locked the posts and refused to open them, eventually we gave in and released his car. That was the end of people using our driveway as a parking spot.
Thanks for the info, it seems that everyday people are once again at the mercy of big companies. I have a notice issued against my vehicle at present, they have got a postcode but the incorrect address of the car park, but that seems to make no difference! 🤣
Someone complimented me on my driving the other day. Left a note on my windscreen saying 'Parking Fine'. With thanks to Tim Vine.
😂
A few years ago, when we still had paper tax discs, I parked my wife's motability vehicle in a disabled spot at an Asda store. I had cleaned the car a few days before, and forgot to return her parking permit ( blue badge). When we came out, there was a PCN on the car, but I saw the lady who'd put it on there. I called her over, and explained the situation, showing her the paper tax disc, which read disabled. She cancelled the PCN, and deleted the pictures that she had taken of the vehicle in front of me. I was very grateful to her for that! She explained that a lot of people park in the disabled bays who are not eligible to park there, and as she didn't see the blue badge, she had issued the ticket.
I'm sorry Ron, but no permit displayed means you have no right to use that space. It's simple.
Response to obvious reply: Do you need to have your driving licence on your person at all times while operating a motor vehicle?
Hmmmmmmm
Parking agency in my town changed the time limit one day from 120 minutes to 90 minutes at Christmas. If it wasn't for people letting those entering know they would've got me aswell.
7:00 The 'forbidding contract' defence worked for me. You can't state on a sign something you don't allow then present terms for doing it.
I was taken to court by Link Parking in 2019, in my defence I stated that the signage was an absolute prohibition on parking and therefore no contract for parking could be entered into.
The judge threw the case out and awarded me £103.50 for my day off work and my parking cost to be in court.
Those parking firms use some dirty tricks, one of their favourite ones is charging per half day. So if you were issued a ticket before 12 AM and your car is still parked at the same spot after 12 AM and the allowed parking time (eg 4 hours) has passed you get another ticket. A neat trick enabling them to issue 2 tickets for the same "offence".
Another trick is deliberately using small signs, actually the size meant for cyclist & pedestrian traffic signs.
I wouldn't give parking eye the time of day, let alone any money.
A few years ago I successfully challenged a PCN from a private parking company when I stopped on a road at Birmingham Airport to drop someone off instead of going into the drop-off area where I'd have to pay.
The PCN contained multiple failures to comply with Schedule 4 of the Protection of Freedoms Act 2012, so I told them that it was an unenforceable speculative invoice and refused to pay. They really shot themselves in the foot with their reply -
First, they said that as the PCN didn't mention PoFA 2012 they weren't relying on it's provisions so they didn't have to comply with it. They'd admitted in writing that the PCN wasn't issued under any statutory authority. 😁
Second, they claimed that the airport bylaws have them the authority to issue the PCN. I checked the bylaws and of course they didn't.
Then they threatened to take me to court so I challenged them to do it. They backed down.
Sounds a bit like the time I managed to do a foreign-owned and heartily disliked parking company in the eye. Except I was picking up my missus and didn't see why I should cough up their minimum charge just to get in and (quickly) out of the area they controlled. (There was no other way in or out.) Didn't bother arguing the point with the muppet in the booth - that way he'd have had more time to note my rego. Instead I just shot straight past him, pursued by angry yells, did the pick-up and shot out again. Never heard a thing, which did surprise me bit given that company's reputation.
Most hospital staff up and down the country have loads of these and they almost never go anywhere . However I did park in my wife’s car in a car park where my permit was normally usable but obviously with her car having no permit it got done and eventually taken to court because she didn’t open a tonne of her mail … so court costs came to 257£ completely needlessly due to missing the opportunity to dispute the case In court ….
I throw them in the bin, that is just me, because no contract, no payment. Just waiting for another one that I am supposed to owe. By the way appeals are supposed to be turned down, that is the order of things. The companies want you to pay out of fear, which surely ends up as obtaining monies by menaces, which the licence people are actually guilty of, but no man has any bottle to voice this in court, not one barrister, not one solicitor.
I really like it in Kyiv, Ukraine because they seem to park anywhere they want as long as they don't block others and there are no parking charges anywhere. Our towns and cities in the UK really suck. I am not surprised the High Street is dying.
More pressing things to think about over there. E.g. invasion by Russians (just try to PCN a tank).
Thank you for your advice . Fantastic explanations
Glad it was helpful!
@@Smith6265 Then you have just been lucky. Luck runs out. We had a bankruptcy order against someone this week because they ignored it.
@@BlackBeltBarrister look up John Harris it’s an illusion.
@@Smith6265 People have been sent to prison on the failed claim that the law doesn't apply - consent is not required.
Seen your videos on tiktok and honestly they are brilliant
Thank you!
How can we find out when the company applied to DVLA within the permitted period?
Subject access request to the dvla
Applied think the d v l a pay for info buddy 👍
Quick release number plates are great for private car parks, pop them off, stick them in the boot and never get another parking ticket! 😂
You need to cover the VIN that's visible in the windscreen...
Also doesnt work with ANPR type carparks
@@johnpm1605 that's true! my car's a 1995, there's no VIN in the window. 👍🏻
I had a PCN from parkingeye. I decided to let them take me to court as I had a few issues with their claim. They don't half like to let know about the Beavis case. In my interpretation they were using this as intimidation, sort of "We won in the high court, don't bother appealing". After lots of corispondance through the court a date was set and I was asked if I would be attending, too right I was.
They dropped the claim about 2 days before it was due in court.
I have received a few PCN s and all from hospital car parks where I have been ether picking up or dropping relatives to and from treatment. I have received several threats of court action and have not paid a penny to them.
Do "barristers who understand law" hold insight into what is truly lawful?
Of course not -that would be in contravention of their private oath that is superior to their 'public oath'
Don't ever pay these fines. Take it all the way to the ombudsman, they never turn up.
Doesn't work here. A friend ignored (or never got) the multiple letters. It ended when she got a final letter from a court fining her about 350 Euro where the original parking ticket was 35 Euro. Not smart.
@@flitsertheo unfortunately you have to reply. Sorry for your friend
All well said but just a few short years hence, when the clamper pirate shats were operating , a Sheffield bunch, operated by a greying dwarf, out the place, was trying its hand in Matlock t c, next to Nationwide as was. Sign up 15' from the deck across the road. Me with blue badge came out to find a clamp round a fwhee. Put there by a kid id seen dodging in and out behind a fence where they wrre knocking down the swimming pool on the owd Lido site. Cost me £75, the theiving bsatrads. Afterwards i parked on the main Bank Road outside, on yellas, obstruxting the road. Kin Sheff shortarsed gangsta shivs.
@@flitsertheo Sorry I will be clear now unlike my first post. When you get the letter object to it all the way to ombudsman. It may take a few months and threating letters. Keep your nerve and never pay. Also any phone calls don't talk.
Every letter you get says can I appeal on it. Do it. make it up. Bide your time go to ombudsman right at the end when there throwing letters at you left right and centre. Stand up to these tyrants.
I'm used to hearing that in N Ireland we can ignore these because we don't have to ID the driver and so can't be taken to court in GB, I didn't realise they were being debunked there too.
As was case in scotland until a recent law change, you didnt have to i.d. the driver, i stopped a few against my vehicle this way
Excellent video...thank you
My partner fought a case against a parking company and they took her to court. A couple of days before the court date they sent through their bundle of evidence, amongst which was a map of the car park showing the area covered by the contract. Guess what? The space she was parked in was outside the contracted area, when she pointed this out, they dropped the case. However, she wasn't able to claim any compensation for this malicious claim, or for the distress caused, or for the time preparing to defend it and time taken off work to attend court. The company may have collected lots of money through illegally issuing PCN to other drivers that didn't try to defend the case. What mechanism is there to force them to review past cases?
Should have pointed it out in court maybe?
@@jayturner3397 It didn't go to court. They brought the case, they can withdraw the case and that's it.
Members of the BPA do seek out and review past cases if there is a systematic error or abuse. It would suddenly and repeatedly affect many motorists, so the PMC should pick it up from a spike in PCNs, or from lost appeals.
A well run PMC will aim to cancel action and refund charges before the owner gets customer feedback about the errors. The PMC stands to lose the contract - or worse for them, their accreditation as a PMC - if they persist in wrongfully issuing PCNs.
So if you are wrongfully issued a PCN you should do two things:
1. Appeal through the formal process;
2. Inform the owner of the car park of the error.
This will flag the problem and obtain prompt remediation for any other motorists affected. Your ability to go to court will not be affected.
Knowing that a PMC stands to lose a contract or accreditation, some activist groups urge people to firehose owners with vexatious allegations about PCNs instead of appealing through the proper channels. The tactic risks delaying recognition of systematic errors (at a potential cost to innocent motorists) and inevitably can desensitise owners to genuine complaints, resulting in legitimate concerns perhaps getting overlooked.
Humans eh? They can be so very... human.
You should have waited for your day in court. Pointed out this inconsistency to the judge and then asked for a costs order in your favour to be made against the parking company.
@@MrBrendanrex ahh..Still possibly use small claims court or some kind of Malicious prosecution after all they are negligent, but I've had this with debt companies who chance their arm via the Nottingham business centre admin..no chance. Every obstruction is put in one's way..or is cost prohibitive
If I place a notice in the window of my car stating that: "Any person, company, or agent of a company accepts that by placing or attaching any notice on my vehicle is entering into a contract with me whereby they agree to paying me a fee of £80 and that in the event of them not paying me within 28 days they become liable to a fee of £160 for non payment." Would that be a binding contract?
Good question. Is it an implied contract or meeting of minds? I throw them in the bin
Good Question
No, because you need to suffer some loss that you are not already liable to, which your liable to for parking, this is the consideration element of a contract.
@@PCDelorian That would be Negligence, which is not applicable here. This comes under contract
No because you can't absolve yourself of a legal liability by simply introducing another contract to frighten them off. A PPC has a legitimate reason and legal right to place a ticket on your car if they believe you're in breach. Trying to create a contract to simply negate their ability to collect by making them pay you to do something they have a right to do anyway won't work.
Fair contract. If the post office take your parcel, knowing it to be a car part. If they lose it they claim they don't cover car parts. Even if knowing it, they had taken extra to insure said car parts.
As a contractor for supermarkets we sometimes drive through a retail car park to get to a retail loading bay, we get fines for passing through the car park as the camera thinks we are parking and doesn’t know we are workers, We have had major wars with these parking landlords and have never paid one.
I remember getting back to my car one time after I had overstayed by a few hours. It was a genuine mistake, i didn't see the signs of time restriction/anpr until I returned to the Tesco's car park from where I had been. Luckily, somebody had taped a piece of paper over my rear number plate so it couldn't be read. I heard it flapping about just after I had left the car park and removed it.
If I had taped it there myself ( which I definitely did not do! ), I would then have been guilty of some road traffic offence - driving without a number plate, I presume. Would I also have been guilty of some "welching on my contractual obligations" type of thing?
Luckily somone did that to mine too. Must be the same person.
I have heard of one person who used the same car park for 20 minutes each time 2 days running and he got hit for a 24 hour stay. As the details came out it seems the ANPR camera detected him enter the first time but did not detect him leaving, but detected him leaving on the next day. This is why automated fines are such a bad idea.
My friend was driving my car at the time of claim so I gave them his name vlad lebedev address Russia and accepted 😁
What would happen if on entering a carpark, the payment machines were out of order and it was not possible at the time to purchase a ticket to park?
I got a PCN more than a week after I took my car in to Halfords to have my dash cam and a new rear camera fitted and hardwired. I was told by the fitter that the job would take one hour and forty minutes. What with having to wait in the shop for him to turn up in the first place, and then again at the end of the job when I came back and found that he'd finished but hadn't rung me, the whole process took two hours. Parking in that Halfords is limited to one hour. In my opinion, my car wasn't parked, it was being worked on. If Total Parking Solutions can legitimately charge me £40 for parking while having work done on the car, then Halfords ought to pay it. I've appealed and don't expect to have to pay.
Did you get the mechanic's name? Give them that and the address of the Halfords branch and tell them he was the driver.
@@GavHTFC I did, but it wasn't necessary. I popped into the store this morning and spoke to the manager and he said he'd get it cancelled. Thanks for the suggestion anyway.
@@GarryKnight good to hear :) with hindsight I'dsay to get that in writing as well (unless you already have of course!)
@@GavHTFC Good idea, but I forgot to do that. I got an email from TPS quite quickly, though, saying that "As a gesture of goodwill we are pleased to inform you that the parking charge notice has been cancelled and no payment will be required". I'm sure you can imagine where they can put that "gesture of goodwill". 😁
@@GarryKnight gesture of goodwill 😂 "we'll let you off this one time, just remember how nice we are!"
Mmm. Let's see... A layman gets stung. A QC gets costs. Both knew they had entered private land. Sounds totally fair. No evidence of nepotism at all!
Possibly a form of cronyism as surely the QC defended himself and thus was awarded £1550 for explaining himself out of what could be and was ultimately perceived to be an unfair situation.
My missus has to drive through a private car park in order to get to her firms (care home) staff car park. One morning she had to wait in the car park run by Premier Park LTD for 12 minutes as a delivery truck was in the way. She has since received a £100 fine in the post. An appeal was later turned down, so currently an appeal via POPLA is in progress.
POPLA is an organisation for the parking firms so they have not your interest!.
We have been there and it is a waste of time.
@@nikkion2140 Well, They're certainly taking their time coming to a decision. It's a pity she has to drive through the park to get to work. Premier Park have a camera aimed at the care home entrance so should have seen the delivery truck in the way. Just a bunch of crooks, all over 12 minutes. We'll go to citizens advice if the POPLA thing fails.
All appeals are turned down. I never pay them, have taken solicitor's advice that no contract no payment
@@nikkion2140 Correct, like the Police Standards Department protects the police. I never pay as a solicitor once told me no contract no payment
@@nikkion2140 I appealed to the parking company. Appeal dismissed. What a surprise. I then appealed to POPLA, the "independent" appeals body. A total, if unfunny joke. Their dismissal was ludicrously biased. Basically, they accepted without question everything the parking company said even when I had demonstrated things that were factually incorrect and disagreed with or disregarded everything I said. So I'm now waiting to see if they want to take me to court.
Excellent and clear thank you. Can I ask, o have a court date on the 21st and I have a disabled bay outside my flat for me and my son. Someone parked in my bay and I had to park near the bay, I got a ticket and the car in bay didn't! Any advice would be great. Thanks
I got a private car charge for a car I didn't own. I got three letters and abusive telephone calls threatening me with court. I ignored them all despite their threats and they gave up. This was in Scotland where they find it difficult to get restitution from the courts. If it had gone to court I had a sales receipt to show I had sold the car two weeks before.