Excellent advice. My wife received a notice to keeper over 4 months after an alleged offence from an IPC member. She appealed, which was rejected. We appealed to IAS which was rejected. They sent a variety of threatening letters, none of which would have looked good in court. Two sets of their solicitors later, we received a County Court summons. Then 3 weeks before the court date, they withdrew. Fact is, they have to stick to the law, especially the POFA if they want to succeed. 😊
Thank you Daniel ! I am calling from Australia. I hired a car on 28 Apr 2023 07:30am and drove back to Hotel to pick up family. Parked at the Hotel Carpark for 1 hr 19 mins by the time of finished shower and breakfast. I was NOT aware that I need to pay. No sign and hotel reception did not tell me. I was hit a Parking Charge Notice email of GBP 100 from the Rental car company on 20 May 2023. It was well over 14 days specified by Section 9-5. I appealed and I will not pay. Thank god I watched your video. Besides, how can they serve me with a court order in Australia
Thank you, Daniel. We've just been issued with a totally unfair parking "invoice" for parking in a retail car park. We will be following your advice and challenging this invoice.
Why bother? Just ignore it. I've been ignoring them for years. They don't do anything. It's all just bluffing. They're just using pressure tactics to make you pay. They don't want it to go to court because it'll cost them to take you to court. Which it then becomes a risky game because they aren't guaranteed a win in court. Ignore ignore ignore!
@@isrargulzar2805 I am doing the same now, ParkingEye have failed to send me any form of notice before hand at all so its void. Cheeky fellas trying to fleece me £100
Thank for this very informative and helpful video, I've just submitted my appeal and it should hopefully be accepted. Update: appeal accepted, so I don't have to pay the £100 fine. What a result!
@Opeyemi Fehintola Lawal it was very specific to my circumstances so you need a valid excuse. Basically, I had parked in a gym car park that had ANPR and forgot to type my reg in a tablet jn the gym which verifies your parking for free. So I appealed and told them that the tablet didn't work and that I go to the gym and provided proof of membership and bank statement for payment to the gym. Thanks, hope this helps.
The easiest thing, which the video failed to point out, is to complain directly to the land owner. If you were a customer at a retail park or pub, 9/10 the land owner will cancel the charge before it gets any further.
Challenged my Penalty Charge with POPLA. I remember the pay and display machine and the operator's website both weren't working on the day. I only spent 14 minutes in the car park (all of which was spent trying to make a payment) before paying for parking somewhere else. The crooks want £100 off me. 1 hour's parking is only about £1, which is what I told the operator I was willing to pay.
Bicester CONcil operate a car park whereby you enter via a left turn from a public road to be confronted by an automatic barrier. This leaves the driver with no option but to enter the car park in order to leave. Both A.N.P.R. date and time stamped. No notice as to costs displayed before you enter. If you parked, found the ticket machine and decided not to park due to excessive charging you are beyond any grace period. Especially if there are cars queing with tickets at exit barrier. SCAM, LEGALISED FRAUD, AUTHORIZED EXTORTION?
@@tg92277Send them the same T&C's as the parking company with your Deemed acceptance by entering on your private property. Charge them for your TIme expenses and all disbursement. Look up unfair terms and conditions,consumer laws and don't forget to make a complaint to Data Commissioners about the parking companies illegal? Transfer of your data to a third party interloper. A lot of debt collectors have fraudulent papers. Check with the courts and add your costs to the parking companies!
Daniel thank you. I am protected by the Disability Act 2010. All bays taken. Signs between 15-20 feet high unreadable including by passing 6 + footers tall. Thus could not read what i was permitted to do. Signage needs to be at eye level of an average human being. In addition to that writing on ticket so minute on white and grey backgound it was too small and tightly crammed together to read. Had to take unread ticket home. Next day went and took photos. All dusabled bays taken by Works machinery. They have issued number of tickets exceeding figures of all time...online. Govt stopped legislation about to go through saying they offered a public service. Inference is Ministers have directorships on these private companies. Needs exposing.
Some good advice but: Protection of Freedoms Act (POFA) only allows the company to transfer liability from driver to keeper, so if the keeper says anything that identifies them as the driver then the act is irrelevant. IPC Companies try to use "assumption" or prior cases to claim keeper = driver unless proven otherwise, but ONLY compliance with POFA allows transfer of liability. Unlike a speeding ticket or other offence, the keeper has NO OBLIGATION to name or identify the driver, they are only "invited" to do so. Decline the invitation. It's always best to challenge any charge issued by an AOS member of BPA/IPC but do so without identifying the driver unless it helps the individual case, for example 2 visits to a car park which have been counted as one. Ignore debt collectors. Respond to any "Letter Before Claim" or court claim. Follow the process and you will beat the parking companies over 80% of the time. Complain to your MP and ask why the new statutory Code of Practice is taking so long to implement.
The private company can only pursue the driver not the registered keeper. Ignore all the threatening letters and the case will close. The council or police fines are different, they can pursue the registered keeper for payement so appeal or pay and dont ignore those otherwise court and bailiffs will be the end game. Thats my advice folks or better still try to avoid getting fines in the first place, even better.
Thanks you so much for this advise. I have been issued with a parking charge notice but I just checked the invoice and there is a 23 day period between the date of the incident and the issue date, so hopefully this does mean that the company cannot pursue me in court. This is an odd one though because there are no parking charges that would have applied. In this case I was apparently required to enter my car registration details into a keypad in order to comply with their terms and conditions for being in that particular location.
This was very useful, I only received a reminder notice from a private company by post dated over a month from the so called parking incident, It's the only correspondence I ever received from them so therefore i'm challenging them with the 14 day period, there basically also saying I don't have the right to appeal as my time has lapsed from the first PCN, which I never received, so as far as i'm concerned I legally shouldn't have to pay.
Some companies register the county court judgement (CCJ) without little to no communication with the driver. While you should be able to fight this and get it corrected, the issue tends to arise when applying for credit - eg a new mortgage or mobile phone. And so this can cause additional difficulties often prompting people to pay thinking it is a quick solution, but not realising the CCJ stays on their file for 6 years from registration regardless of whether it is paid. Many credit agencies offer a 30 day trial or limited access to reports, so I suggest Credit Karma to my clients as it currently gives the full report and access for life for free. It is not perfect, but it is a free way of checking for changes to your report and alerts on identity fraud.
Thankyou Daniel, always listen to you on LBC! You have just advised that I can legally ignore my charge as they sent it after the 14 days notice period Freedom act 2012 (section 9/5). Much appreciated, great show btw!
A friend of mine had a fine he paid it but it cost them more than him . Also near where he live a few pubs have got these number recognition cameras. So he goes around tilting their cameras skywards. Also they have an inspection panel sooner or later these shisters will get the message. As car drivers we are easy targets to them so returning the favour is a pleasure. Not strictly legal. But hey these are robbing crooks anyway
@@pemj7360 I know, and sadly they're part of the problem. If everybody fought it these companies wouldn't exist, because it wouldn't be worth their while.
So what? Millions of people have court judgements, so one for a small amount such as an unpaid parking fee isn't going to make a lot of difference and won't put off lenders for major loans. Unless you're bothered about getting credit cards and the like, who cares? They don't actually take you to court, they just fill in a Small Claims Court form online. If you reply to it saying you were not there at the time they stated, you were not the driver, their notices were not clear or whatever, they have to prove you wrong.
What's the difference between a 'driver' and a 'Registered Keeper'? Just because a 'driver' is not the 'Registered Keeper', it doesn't follow that the 'Registered Keeper' is responsible for the payment of a fee incurred by the 'driver'.
Date of ‘contravention’ 21/10/23, date of issue 09/11/23, so issued 19/20 days after, depending on your view, subject to section 9 5 I have no need for concern? Right?
I have had a notice to pay, however I literally paid for a ticket for 2 hours and stayed an hour. I would suggest they are not fit for purpose! Good thing I saved the ticket….
In Scotland the general rule is to ignore these invoices. They will send reminders and up the bill but they are generally reluctant to pursue unless the driver is a persistent breaker of their rules. I got an invoice for 60 pounds for parking in a disabled parking space while I nipped into a store in the west of Edinburgh which I will ignore. I expect them to issue more letters over the next few weeks threatening court action but I will ignore them.
I got another parking ticket from CPM where they merged two visits into one trying to say I had been parked for best part of 4 hours. I appealed and told them I have submitted a Subject access request to a supermarket I visited on the boarder of a neighbouring town during the time they say I was parked on the land they manage, doing that showed during that time I had used my loyalty card and bank card, also showing the items I bought that I would need my vehicle to transport. This was enough for them to cancel the notice, but had they not I would have reported fraudulent activity to the police and looked into whether I could get my mobile phone info from my network because my phone would have pinged off towers away near to where I had gone. I am still challenging the previous ticket from them for which they have gone quiet on.
How about a NOTICE in your car windscreen or windows saying If I have to pay a parking charge then my charge for paying the money demanded by that notice will be charged £150 pounds per hour or part thereof. Why can we not do the same as them.?
I recieved a ticket (100£) from an IPC approved operator and my appeal was rejected by the intenral appeal and IAS. I have a parking reciept which is valid for the duration, but I entered incorrect registration. So essentially a major keying error. While BPA members are asked ignore if keying error is the cause, this parking company and IPC has no moral grounds to issue this unfair charge for administrative errors.
Bill of Rights Act 1689. Section 2.12 specifically states "That all Grants and Promises of Fines and Forfeitures of particular persons before Conviction are illegal and void.".
Good! The majority of them are bluffing. None of them want it to go to court as it'll end up costing them and even the case isn't a guaranteed win in court so it becomes a risk to them. Carry on ignoring it.
do the same rules apply through if they send you a letter through from footage from ANPR...ive no idea how they get your address....unless a parkign app
I've got a Parking charge notice from the hotel parking lot I stayed that mention 'Free parking'. No hotel staff had inform me that I need to registration my vehicle on the machine in the hotel at all at the check-in. After I got the notice I've called the hotel and he said it my fault that I've fell to registed my car. I ask him why the check in staff not telling me while I'm check in. He said the sign is everywhere you should have seen it. There is nothing they can do. I was so sad and angry. I found your video too late as a small expat I was too scare and paid already.
Hello & thanks for the informative video. 10 mins in, you mention that ISA members may be entitled to a grace period of an hour or less. Can I ask what ISA is and how would I become a member of it? Thank you
I’ve had a fine for parking in my own car park space (allocated to my apartment) because I didn’t show the valid permit in the windscreen. The afternoon before the fine was issued, I received my first covid jab (proof of this from the NHS) the jab caused me to feel nauseous, tired, out of breath and putting the permit on my car was the last thing on my mind… ZZPS keep sending me threatening letters, adding fees to the charge and claiming to take me to court. I’ve fought back stating the car space was my own, I haven’t done anything illegal or criminal. The signage states that parking is allowed by two means; 1) A valid parking permit (to be visible in windscreen) 2) pre-authorised vehicles So why isn’t a system in place to register the cars of the residents whom live in the apartment complex!? I had live in the apartment nearly two years before Parking Solutions Ltd have put in the place the parking rules etc and in my tenancy contact is does not state that a permit is needed to use the allocated parking space provided. Please advise anyone? Am I doing the right thing by sticking to the militant approach? Am I in wrong?
I don't know if you managed to sort this out but I had over £1000 in 'fines' for parking in my own allocated spot and they really did go after me because of the amount. Luckily they settled last minute due to me proving their parking controls were actually illegal as they were against the leaseholder agreement. Worth checking as that document will hold legal primacy.
Simple, your lease gives you a parking spot. That parking spot is technically part of the property you are leasing , (if you like it’s basically an external room where you happen to park your vehicle ). What that means is your lease protects you from any attempts by anyone to extract any monies or place any obligation upon you that is not within the terms of your lease. So you need to contact the management company that manages the property ( they would have engaged /allowed the parking company on site.), explain that as the leaseholder the parking spot is yours, and the terms of your lease protect you from any attempts by third parties to monetise land leased to you. Indeed they parking company technically have trespassed on land you lease to place the ticket! Also request from the parking company the written permission from the actual landowner as this is part of the rules they have to comply with as part of the trade bodies they are signed up with( most don’t have that as they are engaged by the management company, not the land owners). They are left with Not a leg to stand on!
You omitted to inform the public that councils and the police are also for-profit corporations . In all cases, there have to be two or more witnesses with first hand knowledge of the incident. A camera cannot be a witness. Parking is not a crime and what is termed private land is in fact already paid for from taxation in regards to councils and by customers of private companies such as supermarkets, who mark up their prices to cover the cost of construction.
dealing with an invoice from UKCPS currently, the IAS appeals service is an absolute gimmick, not independent/impartial whatsoever, was biased in favour of company. Have not paid anything yet considering whether to ride the storm and see if they tale it to court. It's a gamble since the argument is 50/50 could go either way.
What about when a Penalty Charge Notice that arrives by post two weeks later ? Alleging that a PCN has been issued because......you failed to enter the first three digits of your registration number ?
Can anyone tell me how serious a letter of claim is ? Last November approaching Christmas shopping madness, i visited an out of town shopping park, it was chaos and drivers were aggressively pursuing spaces. After driving around the car park for almost 15 minutes i pulled into a space vacated by another vehicle and parked facing another car When i came out i had a parking charge notice. I removed it and drive home thinking it was an error as i had left well within the time permitted. I was charged with parking on a chevron area. It was not possible to see this on the day however i returned to the carpark and could see a small space with white chevrons painted on it I took photos of the area and of the signage which was in very small writing and positioned high up on a lamppost (i am 5ft 2) I will go to court if necessary and offer to pay £1 a month if i lose 😡 i am on a small pension only
Does anyone have advice or experience with this situation before? I recently received a letter informing me that I have to pay a fine for parking at the hotel site without paying. Here's what happened: I dropped off my passenger at a hotel at Stansted Airport. It took around 10 minutes because my passenger is disabled, and it took time to unload the luggage and set up the wheelchair. We also had a problem with the card machine. I submitted proof of my booking for the passenger and they provided proof of hotel bookings as well, but it was rejected. I appealed the decision, but it was still rejected. It looks like this is going to be a long fight because I am not willing to pay!
I recently assisted my daughter in Dundee and accidentally rested rear rear wheels in a disabled bay. I was issued a PCN under contravention 40 About 5/10% of the vehicle may have been in the bay while there was another vehicle parked in the disabled bay at the time. The vehicle that was parked had 3ft of space to the front and rear and had no problem to leave, there was no restriction on the vehicle. I know you are talking about "Private Parking", but does anyone have any ideas as of how to deal with this. If you intend to visit Dundee, be aware ,they are using some very dodgy tactics in issuing tickets.
Hi Daniel thanks for this video. I have been fined by Horizon minimum shopping limit was £5 and i paid £4.5. I appealed BPA, appeal got rejected. now they handed me to Debt recovery agent. shall i pay or not?
We went to Wells recently. Their sign said they take cash, which is all we take with us. When we went to the ticket machine, the cash wouldn't go into the machine. We tried to pay, but couldn't. We did phone the nxt day to tell them and tried to pay with our card once we had it, but the girl said they can't accept paymentd. Do we have to pay the fine we've recived in the post for £100. ? Please help
I understand thatsuch a charge is an invoice under consumer law. you mention in this video that you CAN simply throw it away if you think its not relevant. But would this be a defence if it went to court?ie: yes, i chucked it in the bin and ignored it as its issue was not relevant? would that stand up in court? ive not heard anyone in law say that you can actually ignore it. most usually say its incumbant to write to the company to tell them its not relevant? thanks
This is not entirely correct. He quoted paragraph 8 (5) of POFA being within 56 days, It is 28 days. But this applies only if the notice has been sent to the (admitted) driver. "The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given." Your concern should only be if the notice has been sent to the "Keeper" requesting the details of the driver. Do not give these details but appeal as the keeper and DO NOT mention the driver in the letter. The notice in this case must have been sent within "14" days from the day after the notice was issued. "9 (5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended." FYI I have appealed several private PCN's and won.
I have loads of parking tickets from 2016 2017 up to present day in total with interest and court cost is £8,200. My mental state at time I did not realise 2016 was eight years ago I thought it was 6 I have now a county court judgement against me I have e mailed the county court and waiting for a reply to say this should of not gone ahead I am a pensioner and no way can I pay that
I wanted to go to court. The company lied on my particulars of claim and I have good photographic evidence that the company did not follow the BPA guidance. I have about 15 pages in my defence. We had a court date and the judge ordered the parking company provide photographs. When I sent my defence to the court (including witness statement), and copied in the parking company's legal team, they replied to me to sate that they had been instructed us to discontinue Court proceedings and close their file. It's over. I won. I quoted Bowen in my defence.
if you apeal dose that mean you agree that the fine is a true debt? no contract no debt. private firms can not deal with a living man. driber is a legal turm meaning commercial, living men and women travel.
What do you do when you know you paid and there was no ticket issued as it stated on paying at the machine tickets not issued! and no ticket was on the screen?? They also didn't contact till a month later!
Why didn't you take a picture of the machine saying no tickets issued? Anything like that, take pictures of it as evidence incase things like this happen. There's also the 14 day rule, where if they don't notify you within 14 days, you're not obliged to pay. But all that doesn't even matter anyway. Even if you just ignore it, nothings likely to happen. The majority of these private parking firms are just bullshitters. They send you these parking notices, threatening you with court to pressure you into paying. But in reality, they don't want it to go to court because it'll end up costing them to take you to court and that's a risky game because they aren't guaranteed a win in court. Ignore ignore ignore!
I have two pcn's one is for parking for 00:11.01 and one is for parking for 00:11.4 on two different days both were around the 20:00 marks so I can only assume I have popped in to my local store for something I've forgotten with it only being a short period of time . I have complained to the center managers office which took details of the pcn .and submitted two appeals . So far I have not received a decision.
Ive had a parking fine letter from MOTO THURROK uk 70 days after the day of fine ive ignored it and now they are taking me to county court is this a good ground to defend pls anyone get back if you can help
I received a Smart Parking ticket on private land 2 years after my holiday. I ignored it as I thought it strange. After a while I received a letter from a credit company asking for payment of £170. I have sent an appeal to Smart Parking stating that I sat in my car for 15 minutes while my wife retreived the key for the holiday apartment and private parking in the private grounds. But they have dismissed my appeal. I am waiting to hear from the credit company
It is a requirement in British Law that the prosecution proves the case. The accused are not obliged to prove their innocence. So the claim here in this video that you could attach evidence in your Appeal is misleading! Also, whilst Appeals are ongoing, costs are halted. So, he's wrong here too. 🤦🏻♂️🙄 This Barrister is wrong on many points! I'd strongly recommend exercising caution when considering his advice.
Totally agree, in fact this is shocking advice from a barrister, if this guy really is a barrister. "Fines" from private parking companies are just invoices, all they can do is issue a claim in the small claims court for an unpaid invoice, and there's no law anywhere saying that you need to offer ANY information for an unpaid invoice. These are NOT fines.
@@gssf.gr29 This so called Barrister supports the system that pays his salary. He doesn't support logic or facts and certainly doesn't support the people!!! Only today, I won a case against a Council who issued 5 PCNs against them for driving in a bus lane. I got them ALL quashed! People really need to educate themselves and stop relying on system servers like this, so called, Barrister.
@@IanMcFerran Yes, absolutely, With regard to private parking "fines", the very first thing he should be informing people is that it is NOT a fine. IT is an invoice, plain and simple. There are no requirements to tell them who is driving, or any other information they request. In fact the whole system is a scam. We supposedly have a right to privacy, yet the government (via the DVLA) are SELLING our personal (vehicle) information to private parking companies who exist not to help uphold any law, but simply to make a profit for themselves. And they are - in the millions. It's an absolute disgrace, and on that principle alone I absolutely refuse to pay anything, ever. As for councils, they're even worse. we're paying to park on public land that has been paid for time and again by our council tax, and that, as public land, we already own. Again, all just for profit, because there's no other logical reason for many of the parking restrictions that exist in most areas. The whole industry in one big scam and I have no intention whatsoever of being a willing victim.
I used to do that. There seems to have been a shift in the law, however. Provided the terms of the contract are displayed, and the company follow the process correctly the charge will snowball. Ultimately they will take you to the small claims court. What are you going to do then? If you're some sort of legal eagle and you're up for it, knock yourself out, but for most of us our first loss is our best loss. I'd say that, for the majority of us the option of ignoring the charge, which used to be definitely the best, is no longer so.
@@callumclark3358 I've been ignoring them for years. Still do. And nothings happened. And I'm skeptical it ever will. And even if it does 'snowball', they can add on whatever fees they like, I won't be paying them. And when the debt collectors come to 'remove goods' to pay for the debt, the windows and doors will all be locked shut. And my car will be parked on a drive behind a wall and a locked gate. It's happened before. They've come n gone and never returned.
@@ashleelmb 🤣You’re obviously one of those edgy characters who’s not afraid of County Court bailiffs and trashed credit ratings. Of course, it may depend on where you live and what company you’re dealing with. In the past I’ve received a variety of demands which have petered out after a year or two. My last was about three years or so back. It recently came to a SCC summons and I negotiated a settlement. No doubt you would have persevered with the stonewalling, but, being fairly mainstream I called it a day at that point. That barrister bloke was simply talking about appealing. If the contract is clearly displayed, charges are “reasonable”, and they have good evidence of a breach I can’t see an appeal being successful. To be fair, if private parking can’t be controlled by the interested parties then there would be widespread abuse and in some areas there could be problems. Good luck with your future parking career.
@@callumclark3358 Parking career? Ha ha. That made me laugh. Thanks mate. But a career creates income. What I'm doing prevents losses and gives me immediate parking convenience for free. But yeah, basically, if they can't break into my locked up house and they can't take my car because it's behind a locked gate on my drive, theres not really much they can do after that. And as it's more hassle and costs for them to take me to court if I ignore the parking fine, which most don't bother to pursue, and even if they do, the debt will be ignored and won't be paid by me, it'll also be statute barred after 6 years which I'm prepared to wait out so that they can't enforce the debt anymore. And open to abuse you say? Well here's my perspective. If you have land and don't want people to park on it without paying, get a barrier and payment system rather than rely on open entrances and cameras. That way, I'm forced to pay to park immediately rather than me being able to park freely and you send me demand letters of disproportionate amounts afterwards that are well over what is a reasonable amount to have to pay to park. But if the entrance is open and space is available to park somewhere, expect people to park there. Its human nature. Parking is a necessity and people will park on land that they are tempted to park on if it's convenient and theres an easy way of not having to pay immediately. And I'm one of those people. 😊
@@ashleelmb Some car parks situated on private land are registered charities. By not paying for your parking space you're basically stealing from them. How do you feel about that?
I desperately need your help, I got a parking charge notice buy a private company and I made an appeal to the company by post and before they even looked at my appeal they sent it to the bailiffs, who are now harassing me to pay them £170. There has been a lot of under handedness going on , please help as I now don't know what to do.
What if part of your front tyre is on the private land and the rest of your car is on the pavement, you stop there for a while trying to get access to a venue next to the private lands car park and all the while your car is still on and so are your headlights, no one gets in or out of the car..... Is this still considered "parking"? Please reply
I e just had a ticket for not parking in a designated space!!!! I t also saying I was there , at 14.48:07 till 16:52:48 which is incorrect arrival time was actually 16:48:07 ,,, so they have said I’ve parked over the time limit and all their 6 pictures clearly showing the 4 mins I was their !!!!! So surly the the paper work not lawfull
I am mini cab driver and I was picking up a customer hospital within 2 mn I left, I received ticket I chalanged but refused I also chalanged one of the independent appeal service they also refused. I told them I am not going to pay. Other think to mention is that the traffic warden did not come to me and ticketed me rather he/she hides behind wall while taking picture, my question is what shall I do, is there possible further appeal. Can the traffic warden take pictures while he or she hides behind wall.
If a private company send you PCN notice and you appeal against, will the discount 14 days charge remain until they answer the appeal or full charge have to be paid after 14 days has passed? Penalty notice from councils, if you appeal, the discount charge stands until they answer your appeal. Does anyone know any law relating to this? I will be travelling for few months. I don’t want them to scare my wife and children. I would rather pay the discount date. An idiot in my workplace has put up a Private Land sign to a land does not belong to him.
Private perking notice, issued ticket, small claims court and stop parking in my private disabled space or the ones outside my home cctv shows location, means of notice etc give rich people advice against the rights of disabled persons rights against the discrimination act. The the private suing begin, not all disabled people are working some are funded via means tested benefits, free legal advice, goodwill etc.
I never appeal, it's a complete scam, that's just begging to be let off. Instead i send a Notice Of Conditional Acceptance and stand my ground, works for me every time.
@@spongebobsquaretits Put simply, we’re all equal under the law. If someone makes a claim against you, it’s up to them to provide proof you owe them. He who makes the claim has the burden of proof. So I conditionally accept their claim saying I’m happy to pay if they can provide the proof that I own them plus the name of the man/woman who is making the claim and their signature.
I got a ticket for stopping to unload in a carpark to a building my partner has a leasehold, the company UK CPM ltd was handed a contract that effectively took away leaseholders easement rights. The maintenance costs of the carpark fall on the leaseholders, many of which have no right to cross that land but instead are given just fifteen minutes access to the building by roadway. The notices I have received keep stating that I was parked on the premises which is twisting things a bit, as I was stopped at the entrance to the building with the engine running and the hazard lights on, not parked in any bay or on the road, I was stationary for the purpose of unloading not parked. I stated to them that I have mobility and respiratory health issues as well as ASD which limits walking, that made no difference to the appeal. I am now being threatened with court action and a possible £235 bill. All I had done was stopped at the property entrance so my partner could take all the shopping up to her apartment and came back down, there was no sign warning me I had a maximum stay on the land of 15 minutes.
@@HS-sr9ww Haven't heard from them to say what their intentions are and it's now 15 months since they started hounding me. Must be around 5 months ago their legal team emailed asking to know who the care support worker is who wrote them an email on my behalf but I ignored that as I don't have their permission to give that information. I really think there should be a time limit on how long they can keep these tickets open.
What about Private Companies operating for local councils but not members of BPA/IPC can the council obtain that information for them or is that in breach of GDPR ??
I live in Scotland I have horizon parking which is an English company chasing me £1800 for parking ticket from 2019 yet there saying it’s from 2021 ? When we were in lockdown they’ve no sent sheriff officers to my door with the bill and a shady looking court letter behind it do I need to pay this or will I just blank it
Does any one have any input or opinion on Parking Charge Notices on private land, I have a parking bay as part of my lease and recently the service charge company introduced a parking company to manage parking on the property as its been an ongoing issue with people trying to park at the development. However I recently got fined for parking in my own bay which is part of the lease agreement I have but because I have a motorbike there isn't anywhere to display the parking permits that were sent out. As such I received a fine for not displaying the permit on my motorbike (The attendant moved the motorbike to remove the cover that was on it in order to access the license plate and issue the ticket) I am trying through the service charge company to get this removed but is proving troublesome but have now been told there an e-ticket that i have been added to so shouldn't receive any more. However I have been told even if the service charge company agrees to request for my ticket to be removed as a "good will gesture" I will then still be responsible for the 30 admin fee which admittedly is less than the early payment of 60 but just seems ridiculous to me?
Hello Daniel, found you while looking into parking stuff. I received a letter today from a debt collectors ZZPS for the sum of £170. They deal with euro car parks and one night i wanted some drone shots of our local town hall, its lit up at night. So to get close I saw this car park, it was empty as it was about 10pm. I parked up, got the drone up, all the time never leaving my car unattended and i was there for about 20 mins. A month later i got a parking fine which I just ignored and since then sold the car and also moved house. Any help would be much appreciated.
I was parked on a private parking just for 2 min to drop off my kids. The operator came in front of my car taking pictures I was inside the car at the moment. I open the door to ask him and he apologise to me straight away telling me that he didn't rialize I was inside the car..he left and in 3 days they send me PCN. I right an appeal and I ask them why the operator apologise to me, never get an answer they just want the money what should I do I right already in 2 appeals. The are failing to give any explanations.
Ignore, ignore, ignore until they actually issue a summons to court. In most cases they play the odds are there are enough idiots who pay up right away.
It amazes me how these companies get hold of personal details with all the so called data protection laws. Or maybe the laws don't matter if you pay enough or have friends in government! 🤣 I'm being pursued now with a ticket that is from a retail park that doesn't actually exist! The name the company has given it does not exist locally or on google maps! Ridiculous. They don't even have to prove anything either.
Parkineye have just installed cameras in some London hotel's drop off & pick up area's, if you wait for more than 10mins you receive a ticket even if the concierge tells you your exempt from getting a ticket as you are a licensed black cab driver...can I challenge the ticket????
Parkingeye has been contracted by Roydon Marina, Herts. We accidentally drove through a car park, whilst looking for another park of the marina. Was instructed to wait by the reception area, where the car park is. We stopped to speak to the security dumpling who told us we could not park there as it was a private car park but to wait outside the car park and over the canal bridge. which is what we did and still received a CHARGE Notice. It was dark so we spoke to the on site security thinking he would be of some assistance .We got a CHARGE for 21 minutes.
I need to ask what happens if the driver at the time, now does not live in the UK. Can the registered keeper give the address of the person in the other country?
No. Not for a private parking fee, these are NOT legal fines, they're just invoices. To chase such a small amount to another country would cost them a fortune and you're not legally obliged to tell them anything at all.
I Ve received a parking ticket from 2017 and I always ignored it. Suddenly now they have sent a claims form which I believe means they are taking this to court. I want to defend myself rather than pay. However I'm not sure how I can. Are there any loop holes. It is a free retail car park and they stated I stayed longer than the time allowed. Which I true. But I still don't want to pay. What can I say?!!!
They know that after 6 months it would be "statue barred", which means they can't take you to court for it any more AS LONG AS you do not acknowledge the debt. It's just a last, final lunge to get you to pay up before it goes to court. Do nothing, wait for the CCJ then deny all knowledge. They will need to OROVE you were driving, you were parked there at the times stated and that their signage was clear and legal, so unless they have all of that they can't win. If it's a debt collection agency (or solicitor) rather than the parking company you should be laughing, because the debt company won't have those details. You could ask, but leave it as long as possible between replies to get over the 6 year line and state that you DO NOT acknowledge the debt.
Can i ask had a parking charge notice. Date of incident 18/07 Date of PCN 03/08 Date received by post 11/08 Mentions freedom of info 2012 act I count this as the letter as being produced 16 days after the jncident therefore i have grounds to appeal or ignore?
The best thing to do first is try and find the land owner and contact them . They can have a word with the parking company and appeal it immediately. Parking companies deny appeals becuase they want your money
My local hospital has given me a ticket when I paid for the parking fare. Funny enough it's the first time I paid using my debit card and I still have the the receipt. Now they are asking for proof of I appeal which I have no problem doing but I have difficulty walking and don't need this effing hassle. Why are their machines not documenting paid fares and I'm not comfortable sending access to my bank account as paper statements are a thing of the past plus, what if I send my parking receipt in the post as proof and they conveniently miss place it leaving me without proof. And they want to get rid of money when I've never had problems before until I paid with debit card. No charges come out of your account the same day as it's always charges pending from Lloyds and checking my account it wasn't taken off my account until the following day. Anyone have suggestions. Thanks
either send a letter explaining to the company, address should be easily found, with a 'photocopy' of the parking receipt. Better still, go the library and scan the ticket and send as part of an email. Get some help off friend or family if your struggling.
If the information signage is slightly damaged in a public usage privately operated car park .. The Chairman and board of directors are guilty of a criminal (not civil) offense. If you are bankrupt … and you ask the insolvency service if your fine (meaning penalty) is part of the receivers responsibility under your bankruptcy they will tell you ‘no’. .. that is utter B*lls. It IS! .. unless it is and actual fine .. which requires a court judgement. Have successfully challenged three nonsense penalties masquerading as fines. A threat to directors of a criminal record does the job!
Received Private Parking Charge. Appealed to company on grounds that they delivered PCN outside relevant period. Company replied saying they had complied. No offer of paying reduced fee or taking appeal to POPLA. How do I stand?
Just ignore it. I've been ignoring them for years. Most of them don't do anything. It's all just pressure tactics to get you to pay. But it'd end up costing them to take you to court and then it'd be a risky game because they aren't guaranteed a win in court. Ignore ignore ignore!
@@ashleelmb Agreed. They have to prove they sent it on time, and since these letters are not sent via recorded delivery they're basically screwed. Ideally you shouldn't reply at all, do NOTHING except bin it or send it back with "Not at this address" on it. They'll give up eventually.
Excellent advice. My wife received a notice to keeper over 4 months after an alleged offence from an IPC member. She appealed, which was rejected. We appealed to IAS which was rejected. They sent a variety of threatening letters, none of which would have looked good in court. Two sets of their solicitors later, we received a County Court summons. Then 3 weeks before the court date, they withdrew.
Fact is, they have to stick to the law, especially the POFA if they want to succeed. 😊
Thank you Daniel ! I am calling from Australia. I hired a car on 28 Apr 2023 07:30am and drove back to Hotel to pick up family. Parked at the Hotel Carpark for 1 hr 19 mins by the time of finished shower and breakfast. I was NOT aware that I need to pay. No sign and hotel reception did not tell me.
I was hit a Parking Charge Notice email of GBP 100 from the Rental car company on 20 May 2023. It was well over 14 days specified by Section 9-5. I appealed and I will not pay.
Thank god I watched your video.
Besides, how can they serve me with a court order in Australia
Thank you, Daniel. We've just been issued with a totally unfair parking "invoice" for parking in a retail car park. We will be following your advice and challenging this invoice.
Why bother? Just ignore it. I've been ignoring them for years. They don't do anything. It's all just bluffing. They're just using pressure tactics to make you pay. They don't want it to go to court because it'll cost them to take you to court. Which it then becomes a risky game because they aren't guaranteed a win in court. Ignore ignore ignore!
I have just been issued illegal penalty notice by parkingeye. I will just put in a appeal also apology to giving me stress! Not paying then a penny.
@@isrargulzar2805 I am doing the same now, ParkingEye have failed to send me any form of notice before hand at all so its void. Cheeky fellas trying to fleece me £100
Thank for this very informative and helpful video, I've just submitted my appeal and it should hopefully be accepted.
Update: appeal accepted, so I don't have to pay the £100 fine. What a result!
Can you share your appeal message pls?
@Opeyemi Fehintola Lawal it was very specific to my circumstances so you need a valid excuse. Basically, I had parked in a gym car park that had ANPR and forgot to type my reg in a tablet jn the gym which verifies your parking for free. So I appealed and told them that the tablet didn't work and that I go to the gym and provided proof of membership and bank statement for payment to the gym. Thanks, hope this helps.
The easiest thing, which the video failed to point out, is to complain directly to the land owner. If you were a customer at a retail park or pub, 9/10 the land owner will cancel the charge before it gets any further.
Very useful, my parking charge invoice is outside the 14 day period.
I just named the driver....a friend visiting from Thailand, I gave them his address but he never heard from them.
Don't you have to give any proof?
@@demiscuzz6427 no...your obligation ends when you name the driver.
Nice to put a face to the name Daniel!! Keep up the good work!!
Challenged my Penalty Charge with POPLA. I remember the pay and display machine and the operator's website both weren't working on the day. I only spent 14 minutes in the car park (all of which was spent trying to make a payment) before paying for parking somewhere else. The crooks want £100 off me. 1 hour's parking is only about £1, which is what I told the operator I was willing to pay.
What was the outcome in the end? I'm in exactly the same position
Bicester CONcil operate a car park whereby you enter via a left turn from a public road to be confronted by an automatic barrier. This leaves the driver with no option but to enter the car park in order to leave. Both A.N.P.R. date and time stamped. No notice as to costs displayed before you enter. If you parked, found the ticket machine and decided not to park due to excessive charging you are beyond any grace period. Especially if there are cars queing with tickets at exit barrier. SCAM, LEGALISED FRAUD, AUTHORIZED EXTORTION?
@@DannyMcmonagle94 Still getting letter from Debt Collectors. See what happens, I guess
@@tg92277Send them the same T&C's as the parking company with your Deemed acceptance by entering on your private property. Charge them for your TIme expenses and all disbursement. Look up unfair terms and conditions,consumer laws and don't forget to make a complaint to Data Commissioners about the parking companies illegal? Transfer of your data to a third party interloper. A lot of debt collectors have fraudulent papers. Check with the courts and add your costs to the parking companies!
Daniel thank you. I am protected by the Disability Act 2010. All bays taken. Signs between 15-20 feet high unreadable including by passing 6 + footers tall. Thus could not read what i was permitted to do. Signage needs to be at eye level of an average human being. In addition to that writing on ticket so minute on white and grey backgound it was too small and tightly crammed together to read. Had to take unread ticket home. Next day went and took photos. All dusabled bays taken by Works machinery. They have issued number of tickets exceeding figures of all time...online. Govt stopped legislation about to go through saying they offered a public service. Inference is Ministers have directorships on these private companies. Needs exposing.
Some good advice but:
Protection of Freedoms Act (POFA) only allows the company to transfer liability from driver to keeper, so if the keeper says anything that identifies them as the driver then the act is irrelevant.
IPC Companies try to use "assumption" or prior cases to claim keeper = driver unless proven otherwise, but ONLY compliance with POFA allows transfer of liability.
Unlike a speeding ticket or other offence, the keeper has NO OBLIGATION to name or identify the driver, they are only "invited" to do so. Decline the invitation.
It's always best to challenge any charge issued by an AOS member of BPA/IPC but do so without identifying the driver unless it helps the individual case, for example 2 visits to a car park which have been counted as one.
Ignore debt collectors.
Respond to any "Letter Before Claim" or court claim. Follow the process and you will beat the parking companies over 80% of the time.
Complain to your MP and ask why the new statutory Code of Practice is taking so long to implement.
The private company can only pursue the driver not the registered keeper. Ignore all the threatening letters and the case will close. The council or police fines are different, they can pursue the registered keeper for payement so appeal or pay and dont ignore those otherwise court and bailiffs will be the end game. Thats my advice folks or better still try to avoid getting fines in the first place, even better.
Excellent thank you Daniel Barnett, this is the best concise advice I've heard.
Thanks you so much for this advise. I have been issued with a parking charge notice but I just checked the invoice and there is a 23 day period between the date of the incident and the issue date, so hopefully this does mean that the company cannot pursue me in court. This is an odd one though because there are no parking charges that would have applied. In this case I was apparently required to enter my car registration details into a keypad in order to comply with their terms and conditions for being in that particular location.
This was very useful, I only received a reminder notice from a private company by post dated over a month from the so called parking incident, It's the only correspondence I ever received from them so therefore i'm challenging them with the 14 day period, there basically also saying I don't have the right to appeal as my time has lapsed from the first PCN, which I never received, so as far as i'm concerned I legally shouldn't have to pay.
Personally, I never worry about all that anyway. I just ignore them, regardless.
exactly the same position as me. I am refusing to pay
Some companies register the county court judgement (CCJ) without little to no communication with the driver. While you should be able to fight this and get it corrected, the issue tends to arise when applying for credit - eg a new mortgage or mobile phone. And so this can cause additional difficulties often prompting people to pay thinking it is a quick solution, but not realising the CCJ stays on their file for 6 years from registration regardless of whether it is paid. Many credit agencies offer a 30 day trial or limited access to reports, so I suggest Credit Karma to my clients as it currently gives the full report and access for life for free. It is not perfect, but it is a free way of checking for changes to your report and alerts on identity fraud.
Thankyou Daniel, always listen to you on LBC! You have just advised that I can legally ignore my charge as they sent it after the 14 days notice period Freedom act 2012 (section 9/5). Much appreciated, great show btw!
But how you gonna prove it that you have received the letter after 14 days of parking violation?
@@Blinkstash The date on the notification.
@@Blinkstash Unless they've sent it special delivery there is no evidence that you ever received it. Case closed!
A friend of mine had a fine he paid it but it cost them more than him . Also near where he live a few pubs have got these number recognition cameras. So he goes around tilting their cameras skywards. Also they have an inspection panel sooner or later these shisters will get the message. As car drivers we are easy targets to them so returning the favour is a pleasure. Not strictly legal. But hey these are robbing crooks anyway
Exactly. Just don't pay. If nobody paid they would soon be out of business.
@@gssf.gr29 as much as I do agree with you not many people are like my mates . And will pay it an suck it up .
@@pemj7360 I know, and sadly they're part of the problem. If everybody fought it these companies wouldn't exist, because it wouldn't be worth their while.
@@gssf.gr29 After a lot of research I find that these car park management companies are professional scammers
Only if you are taken to court, lose and then don't pay the ccj will it appear on your credit report, surely? This is an important clarification
So what? Millions of people have court judgements, so one for a small amount such as an unpaid parking fee isn't going to make a lot of difference and won't put off lenders for major loans. Unless you're bothered about getting credit cards and the like, who cares?
They don't actually take you to court, they just fill in a Small Claims Court form online. If you reply to it saying you were not there at the time they stated, you were not the driver, their notices were not clear or whatever, they have to prove you wrong.
What's the difference between a 'driver' and a 'Registered Keeper'? Just because a 'driver' is not the 'Registered Keeper', it doesn't follow that the 'Registered Keeper' is responsible for the payment of a fee incurred by the 'driver'.
Thanks!!
Date of ‘contravention’ 21/10/23, date of issue 09/11/23, so issued 19/20 days after, depending on your view, subject to section 9 5 I have no need for concern? Right?
I have had a notice to pay, however I literally paid for a ticket for 2 hours and stayed an hour. I would suggest they are not fit for purpose! Good thing I saved the ticket….
In Scotland the general rule is to ignore these invoices. They will send reminders and up the bill but they are generally reluctant to pursue unless the driver is a persistent breaker of their rules. I got an invoice for 60 pounds for parking in a disabled parking space while I nipped into a store in the west of Edinburgh which I will ignore. I expect them to issue more letters over the next few weeks threatening court action but I will ignore them.
Very informative Video. Thank you very much for sharing.
Is law to provide identification to the enforcement officer?this happen with me recently and got issue the fine £150
I got another parking ticket from CPM where they merged two visits into one trying to say I had been parked for best part of 4 hours. I appealed and told them I have submitted a Subject access request to a supermarket I visited on the boarder of a neighbouring town during the time they say I was parked on the land they manage, doing that showed during that time I had used my loyalty card and bank card, also showing the items I bought that I would need my vehicle to transport. This was enough for them to cancel the notice, but had they not I would have reported fraudulent activity to the police and looked into whether I could get my mobile phone info from my network because my phone would have pinged off towers away near to where I had gone. I am still challenging the previous ticket from them for which they have gone quiet on.
How about a NOTICE in your car windscreen or windows saying If I have to pay a parking charge then my charge for paying the money demanded by that notice will be charged £150 pounds per hour or part thereof. Why can we not do the same as them.?
I recieved a ticket (100£) from an IPC approved operator and my appeal was rejected by the intenral appeal and IAS. I have a parking reciept which is valid for the duration, but I entered incorrect registration. So essentially a major keying error. While BPA members are asked ignore if keying error is the cause, this parking company and IPC has no moral grounds to issue this unfair charge for administrative errors.
Bill of Rights Act 1689. Section 2.12 specifically states "That all Grants and Promises of Fines and Forfeitures of particular persons before Conviction are illegal and void.".
It's not a fine that's why they call it a PCN
I have a company chasing me for a parking charge from 2018! I’m just ignoring them!
Good! The majority of them are bluffing. None of them want it to go to court as it'll end up costing them and even the case isn't a guaranteed win in court so it becomes a risk to them. Carry on ignoring it.
What was the ticket for.?
@@Bull_sheet_Bob overstaying in a Tesco car park or something.
@@aq2819 have they stopped writing to you
The supermarkets are disgusting. Who's to tell you how long it takes you to shop?
do the same rules apply through if they send you a letter through from footage from ANPR...ive no idea how they get your address....unless a parkign app
I've got a Parking charge notice from the hotel parking lot I stayed that mention 'Free parking'. No hotel staff had inform me that I need to registration my vehicle on the machine in the hotel at all at the check-in. After I got the notice I've called the hotel and he said it my fault that I've fell to registed my car. I ask him why the check in staff not telling me while I'm check in. He said the sign is everywhere you should have seen it. There is nothing they can do. I was so sad and angry. I found your video too late as a small expat I was too scare and paid already.
Hello & thanks for the informative video. 10 mins in, you mention that ISA members may be entitled to a grace period of an hour or less. Can I ask what ISA is and how would I become a member of it? Thank you
I’ve had a fine for parking in my own car park space (allocated to my apartment) because I didn’t show the valid permit in the windscreen.
The afternoon before the fine was issued, I received my first covid jab (proof of this from the NHS) the jab caused me to feel nauseous, tired, out of breath and putting the permit on my car was the last thing on my mind…
ZZPS keep sending me threatening letters, adding fees to the charge and claiming to take me to court. I’ve fought back stating the car space was my own, I haven’t done anything illegal or criminal. The signage states that parking is allowed by two means;
1) A valid parking permit (to be visible in windscreen)
2) pre-authorised vehicles
So why isn’t a system in place to register the cars of the residents whom live in the apartment complex!?
I had live in the apartment nearly two years before Parking Solutions Ltd have put in the place the parking rules etc and in my tenancy contact is does not state that a permit is needed to use the allocated parking space provided.
Please advise anyone? Am I doing the right thing by sticking to the militant approach? Am I in wrong?
I don't know if you managed to sort this out but I had over £1000 in 'fines' for parking in my own allocated spot and they really did go after me because of the amount. Luckily they settled last minute due to me proving their parking controls were actually illegal as they were against the leaseholder agreement. Worth checking as that document will hold legal primacy.
Sue them for harassment
you had the Covid jab and became nauseous ... dont have anymore.
Simple, your lease gives you a parking spot. That parking spot is technically part of the property you are leasing , (if you like it’s basically an external room where you happen to park your vehicle ). What that means is your lease protects you from any attempts by anyone to extract any monies or place any obligation upon you that is not within the terms of your lease.
So you need to contact the management company that manages the property ( they would have engaged /allowed the parking company on site.), explain that as the leaseholder the parking spot is yours, and the terms of your lease protect you from any attempts by third parties to monetise land leased to you.
Indeed they parking company technically have trespassed on land you lease to place the ticket!
Also request from the parking company the written permission from the actual landowner as this is part of the rules they have to comply with as part of the trade bodies they are signed up with( most don’t have that as they are engaged by the management company, not the land owners).
They are left with Not a leg to stand on!
The 'parking ticket' is the least of your worries if you 'had a covid jab'.
You omitted to inform the public that councils and the police are also for-profit corporations . In all cases, there have to be two or more witnesses with first hand knowledge of the incident. A camera cannot be a witness. Parking is not a crime and what is termed private land is in fact already paid for from taxation in regards to councils and by customers of private companies such as supermarkets, who mark up their prices to cover the cost of construction.
dealing with an invoice from UKCPS currently, the IAS appeals service is an absolute gimmick, not independent/impartial whatsoever, was biased in favour of company. Have not paid anything yet considering whether to ride the storm and see if they tale it to court. It's a gamble since the argument is 50/50 could go either way.
A public authority / Council are listed as corporations [1:12] is this the same as invoice fir money for alleged contract?
Good. Could be better. Too many associated bodies to immediately remember. A flow chart like presentation may be better. Info was comprehensive.
I've had about 100 parking tickets in the past 9/10 years and not paid one of them, what you gonna do about it?
Me too. 😂
Absolutely brilliant✔️
I love this. It’s what I wanted to hear. We’ll done mate. Love it 😂😂😂
Did you reply or fight any company?
@@jenniferwatson9316 No contact at all, i also don't pay any bills just the rent. no problem.
Wow. Ive had 40 odd, im jealous now. Again, never paid 1
Hi does the register keeper have to pay the fine if he was not the driver
Can I send the company an invoice for let’s say £1000 for administrative charges regarding to processing their “fine”
It would be nice to get away with that one 😊
Must do a video about "when you are the owner of the car, but nut the driver. Eg work vans or you friends are driving as you may be ill ect
What about when a Penalty Charge Notice that arrives by post two weeks later ? Alleging that a PCN has been issued because......you failed to enter the first three digits of your registration number ?
Do all bailiff companies have to be registered with financial conduct authority uk ?
Can anyone tell me how serious a letter of claim is ?
Last November approaching Christmas shopping madness, i visited an out of town shopping park, it was chaos and drivers were aggressively pursuing spaces.
After driving around the car park for almost 15 minutes i pulled into a space vacated by another vehicle and parked facing another car
When i came out i had a parking charge notice. I removed it and drive home thinking it was an error as i had left well within the time permitted. I was charged with parking on a chevron area. It was not possible to see this on the day however i returned to the carpark and could see a small space with white chevrons painted on it
I took photos of the area and of the signage which was in very small writing and positioned high up on a lamppost (i am 5ft 2)
I will go to court if necessary and offer to pay £1 a month if i lose 😡 i am on a small pension only
LOL … I don’t think you’ll be taken to court for a parking ticket. Just ignore everything and don’t panic
Does anyone have advice or experience with this situation before?
I recently received a letter informing me that I have to pay a fine for parking at the hotel site without paying. Here's what happened: I dropped off my passenger at a hotel at Stansted Airport. It took around 10 minutes because my passenger is disabled, and it took time to unload the luggage and set up the wheelchair. We also had a problem with the card machine.
I submitted proof of my booking for the passenger and they provided proof of hotel bookings as well, but it was rejected. I appealed the decision, but it was still rejected. It looks like this is going to be a long fight because I am not willing to pay!
Some good advice
I recently assisted my daughter in Dundee and accidentally rested rear rear wheels in a disabled bay. I was issued a PCN under contravention 40
About 5/10% of the vehicle may have been in the bay while there was another vehicle parked in the disabled bay at the time. The vehicle that was parked had 3ft of space to the front and rear and had no problem to leave, there was no restriction on the vehicle.
I know you are talking about "Private Parking", but does anyone have any ideas as of how to deal with this.
If you intend to visit Dundee, be aware ,they are using some very dodgy tactics in issuing tickets.
Hi Daniel
thanks for this video.
I have been fined by Horizon minimum shopping limit was £5 and i paid £4.5. I appealed BPA, appeal got rejected.
now they handed me to Debt recovery agent.
shall i pay or not?
What happened in the end?
We went to Wells recently. Their sign said they take cash, which is all we take with us. When we went to the ticket machine, the cash wouldn't go into the machine. We tried to pay, but couldn't. We did phone the nxt day to tell them and tried to pay with our card once we had it, but the girl said they can't accept paymentd. Do we have to pay the fine we've recived in the post for £100. ? Please help
In the US, you won't ever be ticketed. Instead your car will be towed -- then you'll need to pay the tow fee to retrieve your vehicle ($250+).
I understand thatsuch a charge is an invoice under consumer law.
you mention in this video that you CAN simply throw it away if you think its not relevant.
But would this be a defence if it went to court?ie: yes, i chucked it in the bin and ignored it as its issue was not relevant? would that stand up in court?
ive not heard anyone in law say that you can actually ignore it. most usually say its incumbant to write to the company to tell them its not relevant?
thanks
No proof of contract, no payment.
This is not entirely correct. He quoted paragraph 8 (5) of POFA being within 56 days, It is 28 days. But this applies only if the notice has been sent to the (admitted) driver.
"The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given."
Your concern should only be if the notice has been sent to the "Keeper" requesting the details of the driver. Do not give these details but appeal as the keeper and DO NOT mention the driver in the letter. The notice in this case must have been sent within "14" days from the day after the notice was issued.
"9 (5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended."
FYI I have appealed several private PCN's and won.
thanks daniel
I have loads of parking tickets from 2016 2017 up to present day in total with interest and court cost is £8,200. My mental state at time I did not realise 2016 was eight years ago I thought it was 6 I have now a county court judgement against me I have e mailed the county court and waiting for a reply to say this should of not gone ahead I am a pensioner and no way can I pay that
I wanted to go to court. The company lied on my particulars of claim and I have good photographic evidence that the company did not follow the BPA guidance. I have about 15 pages in my defence. We had a court date and the judge ordered the parking company provide photographs. When I sent my defence to the court (including witness statement), and copied in the parking company's legal team, they replied to me to sate that they had been instructed us to discontinue Court proceedings and close their file. It's over. I won. I quoted Bowen in my defence.
if you apeal dose that mean you agree that the fine is a true debt? no contract no debt. private firms can not deal with a living man. driber is a legal turm meaning commercial, living men and women travel.
Letters sent from parking companies surely have to be sent via special delivery otherwise there is no proof that the letter has been received?
What do you do when you know you paid and there was no ticket issued as it stated on paying at the machine tickets not issued! and no ticket was on the screen??
They also didn't contact till a month later!
Why didn't you take a picture of the machine saying no tickets issued? Anything like that, take pictures of it as evidence incase things like this happen. There's also the 14 day rule, where if they don't notify you within 14 days, you're not obliged to pay. But all that doesn't even matter anyway. Even if you just ignore it, nothings likely to happen. The majority of these private parking firms are just bullshitters. They send you these parking notices, threatening you with court to pressure you into paying. But in reality, they don't want it to go to court because it'll end up costing them to take you to court and that's a risky game because they aren't guaranteed a win in court. Ignore ignore ignore!
I have two pcn's one is for parking for 00:11.01 and one is for parking for 00:11.4 on two different days both were around the 20:00 marks so I can only assume I have popped in to my local store for something I've forgotten with it only being a short period of time . I have complained to the center managers office which took details of the pcn .and submitted two appeals . So far I have not received a decision.
Can't you go to court for a summary judgment to avoid excessive fees?
Ive had a parking fine letter from MOTO THURROK uk 70 days after the day of fine ive ignored it and now they are taking me to county court is this a good ground to defend pls anyone get back if you can help
2 fines in august. Completely ignored several letters and threats of court action. NOTHING lol
What if they are saying they have sent you a letter but you have never received it and there is no recorded delivery?
I received a Smart Parking ticket on private land 2 years after my holiday. I ignored it as I thought it strange. After a while I received a letter from a credit company asking for payment of £170. I have sent an appeal to Smart Parking stating that I sat in my car for 15 minutes while my wife retreived the key for the holiday apartment and private parking in the private grounds. But they have dismissed my appeal. I am waiting to hear from the credit company
It is a requirement in British Law that the prosecution proves the case. The accused are not obliged to prove their innocence. So the claim here in this video that you could attach evidence in your Appeal is misleading!
Also, whilst Appeals are ongoing, costs are halted. So, he's wrong here too. 🤦🏻♂️🙄
This Barrister is wrong on many points! I'd strongly recommend exercising caution when considering his advice.
Totally agree, in fact this is shocking advice from a barrister, if this guy really is a barrister. "Fines" from private parking companies are just invoices, all they can do is issue a claim in the small claims court for an unpaid invoice, and there's no law anywhere saying that you need to offer ANY information for an unpaid invoice. These are NOT fines.
@@gssf.gr29 This so called Barrister supports the system that pays his salary. He doesn't support logic or facts and certainly doesn't support the people!!! Only today, I won a case against a Council who issued 5 PCNs against them for driving in a bus lane. I got them ALL quashed! People really need to educate themselves and stop relying on system servers like this, so called, Barrister.
@@IanMcFerran Yes, absolutely, With regard to private parking "fines", the very first thing he should be informing people is that it is NOT a fine. IT is an invoice, plain and simple. There are no requirements to tell them who is driving, or any other information they request. In fact the whole system is a scam. We supposedly have a right to privacy, yet the government (via the DVLA) are SELLING our personal (vehicle) information to private parking companies who exist not to help uphold any law, but simply to make a profit for themselves. And they are - in the millions. It's an absolute disgrace, and on that principle alone I absolutely refuse to pay anything, ever.
As for councils, they're even worse. we're paying to park on public land that has been paid for time and again by our council tax, and that, as public land, we already own. Again, all just for profit, because there's no other logical reason for many of the parking restrictions that exist in most areas. The whole industry in one big scam and I have no intention whatsoever of being a willing victim.
Here's how I challenge it. I ignore it and I don't pay it... Ever!
I used to do that. There seems to have been a shift in the law, however. Provided the terms of the contract are displayed, and the company follow the process correctly the charge will snowball. Ultimately they will take you to the small claims court. What are you going to do then?
If you're some sort of legal eagle and you're up for it, knock yourself out, but for most of us our first loss is our best loss.
I'd say that, for the majority of us the option of ignoring the charge, which used to be definitely the best, is no longer so.
@@callumclark3358 I've been ignoring them for years. Still do. And nothings happened. And I'm skeptical it ever will. And even if it does 'snowball', they can add on whatever fees they like, I won't be paying them. And when the debt collectors come to 'remove goods' to pay for the debt, the windows and doors will all be locked shut. And my car will be parked on a drive behind a wall and a locked gate. It's happened before. They've come n gone and never returned.
@@ashleelmb 🤣You’re obviously one of those edgy characters who’s not afraid of County Court bailiffs and trashed credit ratings. Of course, it may depend on where you live and what company you’re dealing with. In the past I’ve received a variety of demands which have petered out after a year or two. My last was about three years or so back. It recently came to a SCC summons and I negotiated a settlement. No doubt you would have persevered with the stonewalling, but, being fairly mainstream I called it a day at that point.
That barrister bloke was simply talking about appealing. If the contract is clearly displayed, charges are “reasonable”, and they have good evidence of a breach I can’t see an appeal being successful. To be fair, if private parking can’t be controlled by the interested parties then there would be widespread abuse and in some areas there could be problems.
Good luck with your future parking career.
@@callumclark3358 Parking career? Ha ha. That made me laugh. Thanks mate. But a career creates income. What I'm doing prevents losses and gives me immediate parking convenience for free. But yeah, basically, if they can't break into my locked up house and they can't take my car because it's behind a locked gate on my drive, theres not really much they can do after that. And as it's more hassle and costs for them to take me to court if I ignore the parking fine, which most don't bother to pursue, and even if they do, the debt will be ignored and won't be paid by me, it'll also be statute barred after 6 years which I'm prepared to wait out so that they can't enforce the debt anymore. And open to abuse you say? Well here's my perspective. If you have land and don't want people to park on it without paying, get a barrier and payment system rather than rely on open entrances and cameras. That way, I'm forced to pay to park immediately rather than me being able to park freely and you send me demand letters of disproportionate amounts afterwards that are well over what is a reasonable amount to have to pay to park. But if the entrance is open and space is available to park somewhere, expect people to park there. Its human nature. Parking is a necessity and people will park on land that they are tempted to park on if it's convenient and theres an easy way of not having to pay immediately. And I'm one of those people. 😊
@@ashleelmb Some car parks situated on private land are registered charities. By not paying for your parking space you're basically stealing from them.
How do you feel about that?
I desperately need your help, I got a parking charge notice buy a private company and I made an appeal to the company by post and before they even looked at my appeal they sent it to the bailiffs, who are now harassing me to pay them £170. There has been a lot of under handedness going on , please help as I now don't know what to do.
What if part of your front tyre is on the private land and the rest of your car is on the pavement, you stop there for a while trying to get access to a venue next to the private lands car park and all the while your car is still on and so are your headlights, no one gets in or out of the car..... Is this still considered "parking"? Please reply
I e just had a ticket for not parking in a designated space!!!! I t also saying I was there , at 14.48:07 till 16:52:48 which is incorrect arrival time was actually 16:48:07 ,,, so they have said I’ve parked over the time limit and all their 6 pictures clearly showing the 4 mins I was their !!!!! So surly the the paper work not lawfull
What if there's no money on the ticket to say you should pay this amount?
I just dont pay . No contract
What if your travelling
I am mini cab driver and I was picking up a customer hospital within 2 mn I left, I received ticket I chalanged but refused I also chalanged one of the independent appeal service they also refused. I told them I am not going to pay. Other think to mention is that the traffic warden did not come to me and ticketed me rather he/she hides behind wall while taking picture, my question is what shall I do, is there possible further appeal. Can the traffic warden take pictures while he or she hides behind wall.
If a private company send you PCN notice and you appeal against, will the discount 14 days charge remain until they answer the appeal or full charge have to be paid after 14 days has passed? Penalty notice from councils, if you appeal, the discount charge stands until they answer your appeal. Does anyone know any law relating to this? I will be travelling for few months. I don’t want them to scare my wife and children. I would rather pay the discount date. An idiot in my workplace has put up a Private Land sign to a land does not belong to him.
Got one at McDonald's ignored it its a charge not a fine
What about Scotland
Put a gps tracker on it… with the ticket
Private perking notice, issued ticket, small claims court and stop parking in my private disabled space or the ones outside my home cctv shows location, means of notice etc give rich people advice against the rights of disabled persons rights against the discrimination act. The the private suing begin, not all disabled people are working some are funded via means tested benefits, free legal advice, goodwill etc.
Not fines , they are invoices! NO CONTRACT .
I never appeal, it's a complete scam, that's just begging to be let off. Instead i send a Notice Of Conditional Acceptance and stand my ground, works for me every time.
explain more please
@@spongebobsquaretits Put simply, we’re all equal under the law. If someone makes a claim against you, it’s up to them to provide proof you owe them. He who makes the claim has the burden of proof. So I conditionally accept their claim saying I’m happy to pay if they can provide the proof that I own them plus the name of the man/woman who is making the claim and their signature.
@@themanontheedge2243 and if they have proof , ie photos pf your car parked where it shouldnt be
I got a ticket for stopping to unload in a carpark to a building my partner has a leasehold, the company UK CPM ltd was handed a contract that effectively took away leaseholders easement rights. The maintenance costs of the carpark fall on the leaseholders, many of which have no right to cross that land but instead are given just fifteen minutes access to the building by roadway. The notices I have received keep stating that I was parked on the premises which is twisting things a bit, as I was stopped at the entrance to the building with the engine running and the hazard lights on, not parked in any bay or on the road, I was stationary for the purpose of unloading not parked. I stated to them that I have mobility and respiratory health issues as well as ASD which limits walking, that made no difference to the appeal. I am now being threatened with court action and a possible £235 bill. All I had done was stopped at the property entrance so my partner could take all the shopping up to her apartment and came back down, there was no sign warning me I had a maximum stay on the land of 15 minutes.
so what happens at the end ?? i have the similar issue with this bloody CPM.
@@HS-sr9ww Haven't heard from them to say what their intentions are and it's now 15 months since they started hounding me. Must be around 5 months ago their legal team emailed asking to know who the care support worker is who wrote them an email on my behalf but I ignored that as I don't have their permission to give that information. I really think there should be a time limit on how long they can keep these tickets open.
I was 10 mins and 18 secs over the permitted time. Is this reasonable grounds to appeal under the grace period ?
How to appeal to POPLA this procedure pls I've got references number
What about Private Companies operating for local councils but not members of BPA/IPC can the council obtain that information for them or is that in breach of GDPR ??
I live in Scotland I have horizon parking which is an English company chasing me £1800 for parking ticket from 2019 yet there saying it’s from 2021 ? When we were in lockdown they’ve no sent sheriff officers to my door with the bill and a shady looking court letter behind it do I need to pay this or will I just blank it
Does any one have any input or opinion on Parking Charge Notices on private land, I have a parking bay as part of my lease and recently the service charge company introduced a parking company to manage parking on the property as its been an ongoing issue with people trying to park at the development. However I recently got fined for parking in my own bay which is part of the lease agreement I have but because I have a motorbike there isn't anywhere to display the parking permits that were sent out. As such I received a fine for not displaying the permit on my motorbike (The attendant moved the motorbike to remove the cover that was on it in order to access the license plate and issue the ticket) I am trying through the service charge company to get this removed but is proving troublesome but have now been told there an e-ticket that i have been added to so shouldn't receive any more. However I have been told even if the service charge company agrees to request for my ticket to be removed as a "good will gesture" I will then still be responsible for the 30 admin fee which admittedly is less than the early payment of 60 but just seems ridiculous to me?
Hello Daniel, found you while looking into parking stuff. I received a letter today from a debt collectors ZZPS for the sum of £170. They deal with euro car parks and one night i wanted some drone shots of our local town hall, its lit up at night. So to get close I saw this car park, it was empty as it was about 10pm. I parked up, got the drone up, all the time never leaving my car unattended and i was there for about 20 mins. A month later i got a parking fine which I just ignored and since then sold the car and also moved house. Any help would be much appreciated.
I was parked on a private parking just for 2 min to drop off my kids. The operator came in front of my car taking pictures I was inside the car at the moment. I open the door to ask him and he apologise to me straight away telling me that he didn't rialize I was inside the car..he left and in 3 days they send me PCN. I right an appeal and I ask them why the operator apologise to me, never get an answer they just want the money what should I do I right already in 2 appeals. The are failing to give any explanations.
Had a parking fine sent to my address, but for another relative that doesn't live here anymore, any advice?
Ignore, ignore, ignore until they actually issue a summons to court. In most cases they play the odds are there are enough idiots who pay up right away.
It amazes me how these companies get hold of personal details with all the so called data protection laws. Or maybe the laws don't matter if you pay enough or have friends in government! 🤣
I'm being pursued now with a ticket that is from a retail park that doesn't actually exist! The name the company has given it does not exist locally or on google maps! Ridiculous.
They don't even have to prove anything either.
Parkineye have just installed cameras in some London hotel's drop off & pick up area's, if you wait for more than 10mins you receive a ticket even if the concierge tells you your exempt from getting a ticket as you are a licensed black cab driver...can I challenge the ticket????
Parkingeye has been contracted by Roydon Marina, Herts. We accidentally drove through a car park, whilst looking for another park of the marina. Was instructed to wait by the reception area, where the car park is. We stopped to speak to the security dumpling who told us we could not park there as it was a private car park but to wait outside the car park and over the canal bridge. which is what we did and still received a CHARGE Notice. It was dark so we spoke to the on site security thinking he would be of some assistance .We got a CHARGE for 21 minutes.
I need to ask what happens if the driver at the time, now does not live in the UK. Can the registered keeper give the address of the person in the other country?
No. Not for a private parking fee, these are NOT legal fines, they're just invoices. To chase such a small amount to another country would cost them a fortune and you're not legally obliged to tell them anything at all.
I Ve received a parking ticket from 2017 and I always ignored it. Suddenly now they have sent a claims form which I believe means they are taking this to court. I want to defend myself rather than pay. However I'm not sure how I can. Are there any loop holes. It is a free retail car park and they stated I stayed longer than the time allowed. Which I true. But I still don't want to pay. What can I say?!!!
They know that after 6 months it would be "statue barred", which means they can't take you to court for it any more AS LONG AS you do not acknowledge the debt. It's just a last, final lunge to get you to pay up before it goes to court. Do nothing, wait for the CCJ then deny all knowledge. They will need to OROVE you were driving, you were parked there at the times stated and that their signage was clear and legal, so unless they have all of that they can't win. If it's a debt collection agency (or solicitor) rather than the parking company you should be laughing, because the debt company won't have those details. You could ask, but leave it as long as possible between replies to get over the 6 year line and state that you DO NOT acknowledge the debt.
definition of trade body
Can i ask had a parking charge notice.
Date of incident 18/07
Date of PCN 03/08
Date received by post 11/08
Mentions freedom of info 2012 act
I count this as the letter as being produced 16 days after the jncident therefore i have grounds to appeal or ignore?
The best thing to do first is try and find the land owner and contact them . They can have a word with the parking company and appeal it immediately. Parking companies deny appeals becuase they want your money
My local hospital has given me a ticket when I paid for the parking fare. Funny enough it's the first time I paid using my debit card and I still have the the receipt.
Now they are asking for proof of I appeal which I have no problem doing but I have difficulty walking and don't need this effing hassle.
Why are their machines not documenting paid fares and I'm not comfortable sending access to my bank account as paper statements are a thing of the past plus, what if I send my parking receipt in the post as proof and they conveniently miss place it leaving me without proof.
And they want to get rid of money when I've never had problems before until I paid with debit card. No charges come out of your account the same day as it's always charges pending from Lloyds and checking my account it wasn't taken off my account until the following day.
Anyone have suggestions. Thanks
either send a letter explaining to the company, address should be easily found, with a 'photocopy' of the parking receipt. Better still, go the library and scan the ticket and send as part of an email. Get some help off friend or family if your struggling.
If the information signage is slightly damaged in a public usage privately operated car park .. The Chairman and board of directors are guilty of a criminal (not civil) offense.
If you are bankrupt … and you ask the insolvency service if your fine (meaning penalty) is part of the receivers responsibility under your bankruptcy they will tell you ‘no’. .. that is utter B*lls. It IS! .. unless it is and actual fine .. which requires a court judgement.
Have successfully challenged three nonsense penalties masquerading as fines. A threat to directors of a criminal record does the job!
Received Private Parking Charge. Appealed to company on grounds that they delivered PCN outside relevant period. Company replied saying they had complied. No offer of paying reduced fee or taking appeal to POPLA. How do I stand?
Just ignore it. I've been ignoring them for years. Most of them don't do anything. It's all just pressure tactics to get you to pay. But it'd end up costing them to take you to court and then it'd be a risky game because they aren't guaranteed a win in court. Ignore ignore ignore!
@@ashleelmb Agreed. They have to prove they sent it on time, and since these letters are not sent via recorded delivery they're basically screwed.
Ideally you shouldn't reply at all, do NOTHING except bin it or send it back with "Not at this address" on it. They'll give up eventually.