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BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > Regional Forums > UK > parking fine in carpark need help private firm



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      09-27-2010, 06:58 AM   #23
ibanezking
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Boot up!!!!!!!!

Nice one Sheps!!!!
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      09-27-2010, 09:01 AM   #24
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Quote:
Originally Posted by ShereKhan View Post
When you use a privately owned car park you enter into a contract and are bound by its terms. If those terms are not clearly stated, however, you cannot voluntarily enter into the contract because you don't know the conditions. In any case, they would need to take you to court to enforce this contractual term and any judge would find the penalty charges wholly disproportionate.

You could clear yourself of this by sending a cheque for a "reasonable" penalty (5, perhaps) for your overstay.

If they want to take you to court they would have to convince a judge why they want 40 or even 110.....
This post is for sure IMO also, the best advice. Go for it!
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      09-27-2010, 09:26 AM   #25
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for me its more worrying that any halfwit can stick a camera up and get access to your personal details from your number plate.
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      09-27-2010, 09:31 AM   #26
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Since the entry/exit must be on private land, how about someone make up a fake rego plate with say, David Cameron's limo number on it. Or maybe Bob Crow's might be better.




(usual disclaimers: no I'm not serious, I'm a law abiding citizen, I don't actually recommend doing this etc etc)
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      09-27-2010, 10:01 AM   #27
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Originally Posted by ibanezking View Post
Boot up!!!!!!!!

Nice one Sheps!!!!
I was thinking that! Fucking class act eh!
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      09-27-2010, 03:49 PM   #28
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Originally Posted by sheps View Post

I, myself, used to drive in normally, but drive out with the boot up (so the rear plate is invisible) and close it once I was out on the street - I never got a letter.
I like the idea - never thought of that....Might try it.
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      09-28-2010, 11:51 AM   #29
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Originally Posted by jjbirch View Post
had a ticket come thou the post today saying i parked in there carpark at 17.30 and left 21.00 as the anpr camera caught my car as it come in and out, so i was over there free 2hr limit,letter looks like police letter but its not, fine is 40 pay within 4 days or 110 over, the company is called park eye that controls the area, the carpark is a private carpark with pc world comet and lots of other stores,done a few searches and most forums say leave it and i will get lots of bad letters then they go away and it wont go to court as they have to prove the driver,
what do u think i should do
leave it and wait
or pay 40 to these scammers
I've heard from a Legal bod that private ticketing companies haven't got a leg to stand on when issuing penalty notices. ignore it and you'll be alright.
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      09-28-2010, 11:56 AM   #30
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Originally Posted by Vaheed1 View Post
I've heard from a Legal bod that private ticketing companies haven't got a leg to stand on when issuing penalty notices. ignore it and you'll be alright.
cheers bud i might scan the letter they post in the next couple of weeks
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      09-29-2010, 06:15 AM   #31
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Interesting, i've never had one before - i didn't realise that most people would ignore them though!
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      09-29-2010, 06:39 PM   #32
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So, what if its from a county council run carpark with council operated parking meters?
And you get a ticket for overstay.
Would you pay?
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      09-29-2010, 06:47 PM   #33
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Yes, different rules for councils.
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      09-29-2010, 06:51 PM   #34
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Private land is contract law, councils road traffic management act 19something.
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      09-30-2010, 01:33 PM   #35
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Quote:
Originally Posted by doc_ab View Post
Private land is contract law, councils road traffic management act 19something.
so what do u mean its ok not to pay
my local paper has picked up on this story about parking fines as it was a yearly fair night and the carpark was full so loads of cars have been fined
http://www.thisisnorthdevon.co.uk/ne...l/article.html
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      09-30-2010, 02:02 PM   #36
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Private land is subject to contract law. The operator can only attempt to issue a notice to the driver, not the registered owner. So they have to prove who was the driver and unlike speeding for example you are under no obligation to tell them who was driving. It is a civil matter and the companies rely on people paying up in response to their semi official and slightly scary letters. As I said earlier I have never heard of such a case going to court. So private company - yes don't pay.
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      09-30-2010, 02:22 PM   #37
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Try this link and the site has loads of info
http://forums.pepipoo.com/index.php?showtopic=46975
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      09-30-2010, 04:05 PM   #38
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thnx for the info,i would say alot of public would pay up if they was sent a fine, if they didnt have internet
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      10-01-2010, 02:00 AM   #39
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Quote:
Originally Posted by doc_ab View Post
Private land is subject to contract law. The operator can only attempt to issue a notice to the driver, not the registered owner. So they have to prove who was the driver and unlike speeding for example you are under no obligation to tell them who was driving. It is a civil matter and the companies rely on people paying up in response to their semi official and slightly scary letters. As I said earlier I have never heard of such a case going to court. So private company - yes don't pay.
A case exactly like this has just gone to court and the parking company won. In that case though the driver tried to argue the law with support from lawyers on Pepipoo and Pistonheads.

The best advise is to not engage with them at all. So long as you are certain that this is a parking charge based in contract law, just ignore the letters.

The suggestion that you respond with a 'fair payment' (made by other posters in this thread) is a bad one as the fundamental point here is that the claimant needs to know the identify of the driver in order to enforce the contract. However, the registered keeper has no obligation to name the driver, or respond in any way.

If you do anything that suggests, on the balance of probability, that you were the driver, then you have a problem.
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      10-01-2010, 02:53 PM   #40
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Ok I accept that sone cases have gone to court. Usually where the motorist has been foolish enough to identify the driver. One case involved a motorist who boasted that he had been driving but wouldn't pay on and posted lots of stuff on an Internet forum so beware. Another case was suspected to be a set up by a parking company. Do read the pepipoo forums. You can post your case there without identifying the driver or even that you know who the driver was.
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      10-01-2010, 02:55 PM   #41
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Ps very good advice from NFS in post above
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      10-05-2010, 02:08 PM   #42
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Urgh received a Parking Charge Notice today asking for 80(!)

it's defo from a private firm, and this is simply an invoice (scamvoice!).. but there is one important fact i don't seem to be able to find an answer to via googe..

They're stinging me for "03 Not displaying a valid pay and display ticket" and yes, today i did forget to buy a ticket (i usually do it by phone while standing on the platform )

Where do i stand you rekon? at first i was thinking, oh yeah it's a scamvoice don't pay it... but i guess i have actually breached the contract between the land owner and myself by not paying for my parking

gah!
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      10-05-2010, 02:21 PM   #43
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Quote:
Originally Posted by BGM View Post
Urgh received a Parking Charge Notice today asking for 80(!)

it's defo from a private firm, and this is simply an invoice (scamvoice!).. but there is one important fact i don't seem to be able to find an answer to via googe..

They're stinging me for "03 Not displaying a valid pay and display ticket" and yes, today i did forget to buy a ticket (i usually do it by phone while standing on the platform )

Where do i stand you rekon? at first i was thinking, oh yeah it's a scamvoice don't pay it... but i guess i have actually breached the contract between the land owner and myself by not paying for my parking

gah!
If you are 100% sure it's from a private parking co. then simply ignore.
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      10-05-2010, 02:22 PM   #44
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what the hell is a car park? A private garage??? lmao sorry

I got a "ticket" from a college campus and i just threw it back onto the ground last year haha
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