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Legal matters

Confused about my parking fines.

11 replies

Writerwannabe83 · 29/10/2015 14:39

I'm after some advice please as different people are telling me different things.

I work at a hospital and due to running late one morning I parked somewhere that I shouldn't have and when I left work I had a fine on my window screen.

I mentioned it to my colleagues the next day and they said they always parked where I had, always got fines but just ignored them as they weren't 'real fines' so told me to do exactly the same.

I started getting reminder letters through the post (like my colleagues also did) but I paid no notice as I continued to be told that the company fining me weren't actually legally allowed to.

The company is called Car Parking Partnership Limited.

Today I got a letter through the post from a debt recovery company about the fact I haven't paid my fine and said if I didn't pay it by the 6th of November they will advise Car Parking Limited to take Court action.

I spoke to three of my colleagues who had also received such letters over the course of a few months but said they weren't paying the fine as they weren't legally obliged to.

I have googled Car Parking Limited and there are various related web pages on the matter discussing the validity and powers of the company but nothing that really clears up my confusion.

I don't want to pay a fine that isn't legally enforceable but neither do I want to be taken to Court.

Does anybody know anything about this company?

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WhoTheFuckIsSimon · 29/10/2015 14:45

The debt recovery company is just another dept of the car parking firm.

Ive had loads of tickets in my local hospital car park. You shouldn't really have ignored it, you'd have been better off appealing via POPLA but it's too late for that now.

I ignore mine even though I know I should appeal. I haven't been taken to court yet. They're trying to scare you. They have to take you to court before a debt collection agency can properly persue you. Legally if it was to go to court you can argue it's an unfair charge due to the size of the "fine". They're legally only allowed to charge what they're out of pocket by. So if you didn't pay in a pay and display car park they can only fine you the amount you should have paid. In a non paying car park they're not out of pocket.

Each of my tickets gets to about £800 before they give up.

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Collaborate · 29/10/2015 14:46

Don't know about the company, but a year or so ago these methods of enforcement became legally permissible. It's a civil matter, and requires them to prove adequate signage and loss. There's plenty of information about it online.

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prh47bridge · 29/10/2015 17:24

They're legally only allowed to charge what they're out of pocket by

The Court of Appeal decided earlier this year that a charge of £85 for overstaying in a free parking area was acceptable even though there was no actual loss to the parking company. The case has now gone to the Supreme Court. If they agree with the Court of Appeal parking operators will be able to charge whatever they want within reason if people overstay, park incorrectly, etc.

Writerwannabe83 - As Collaborate says the law has changed. It used to be the case that these charges were generally unenforceable. That is no longer true. The charges can be enforced although if you continue to refuse to pay they will need to take you to court.

You may find that they give up without taking you to court. If they do decide to take legal action you may be able to win if the signage was inadequate.

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Writerwannabe83 · 29/10/2015 17:28

What is signage? Sorry if that's a ridiculously stupid question Blush

I was basically parked on some red lines down the side of one of the hospital entrances. There is a 2 year waiting list for a pass to the staff car park and in the mean time we are expected to park in the normal pay and display hospital car park which costs us £8.50 a day.

£8.50 a day soon adds up, it usually costs us about £100 a month to park our cars at work, hence why sometimes we park in naughty places just to give our bank balance a break.

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ottothedog · 29/10/2015 17:29

Is the debt recovery company actually the person sat next to the car park fine company ie this is just another 'threatening letter'? Its just civil court, no big deal. What happened to your colleagues who didnt pay? This will be the best guide to if they just send out 4 or 5 letters or go to court

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SeveredHeadsDragOnTheFloor · 29/10/2015 17:30

What is signage?

The signs telling you that you aren't allowed to park where you parked and what the rules are.

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WhoTheFuckIsSimon · 29/10/2015 17:32

I'm guessing they will say that red lines is obvious enough. But I think if colleagues have ignored and not been pursued I would take comfort in that and ignore. You'd be u lucky if you were the first they took to court..

I work in a hospital and get tickets for parking in unmarked bays in the staff car park. Which is hysterical because it's a gravel car park with no bays. I pay £10 a month for my permit. I would love for them to take me to court.

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Writerwannabe83 · 29/10/2015 17:33

One of my colleagues had been getting fines for years, she said she had over £2'000 worth of fines she hasn't paid but that all she's ever had is reminder letter, after reminder letter after reminder letter.

However, I text her today when I got my letter from the Debt Company and she said that yesterday, for the first time ever, she had received one too.

It's panicked her a little as she genuinely thought that as all she'd been getting over the last year was continual reminder letters then nothing serious was going to come of it.

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AnchorDownDeepBreath · 29/10/2015 17:39

If you're going to utilise loopholes, you need to make sure you're up to date on when they are closed or the status quo changes.

The court case has been mentioned already. Until the findings of that are reversed, which may not happen, the precedent is that you would lose at court.

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Writerwannabe83 · 29/10/2015 17:41

I'm thinking I might just pay it - I hate having the constant feeling of dread and stress over me.

It's hard though when my colleagues are telling me I would be an idiot to pay it....

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WhoTheFuckIsSimon · 29/10/2015 17:42

Ive had letters from debt companies, solicitors, Baliffs. Ignored them all.

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