Parking Fine

[MrDobalina]

hi, i have been directed here for advise from AIBU, hope you can help;

I use a car park near work 2-4 times a month, for the last 5 years. The car park has been owned/managed by Euro Car Parks for approx the last 2 years

In May I was sent a Payment Charge Notice which I ignored; I assumed there was an error in the system and it would catch up with itself and the charge forgotten

I have now been referrred to debt collectors

I have a text payment system set up. But on this occassion, the PCN was issued at 1102am and I didnt pay until 1130am. I have apologised for the late payment; the reason being, I got distracted as I entered work and forgot.

I think it is clear that my intention was always to pay, in fact i DID pay; I always pay, I am a regular long-standing customer and I have a payment system set up with them.

But, they refuse to wave the charges and I am expected to pay £115 (which will continue to increase)

Where do I stand legally?

Thank you

Ignore them. The charge is not enforceable. They would have to take you to court to make you pay. It is very unlikely they will do so. Even if they did, their chances of winning and being awarded the amount they are claiming are nil. The case would be for breach of contract. They would have to prove you were the driver. Even if they could do that and the court agreed there had been a breach they would only receive compensation for any loss they have suffered as a direct result. As you have actually paid, albeit half an hour late, I think they would struggle to prove they have suffered any loss at all.

I posted this earlier fio

Quoted from the consumer action group who send me nice emails!

This is a ruling that may interest people as there are always ? from people with hefty parking fines on MN legal.

Got a parking ticket - council or private ?

Parking tickets from a local council are dealt with entirely differently to those from a private parking company.

The Protection of Freedoms Act 2010-12 received Royal assent on May 1st.

From October the wheel clamping ban in England and Wales will apply to parking on private land only.

Parking company comes a cropper in court
Back in February 2011, a First Tier Tax Tribunal ruled that Vehicle Control Services, a private parking company which did not have an interest in a car park which it was only managing on behalf of a landowner, was not entitled to sue trespassers as principal.

VCS and their parent company Excel happily continued to issue court claims while they appealed to the Upper Tribunal.

However, in March 2012, the Upper Tier Tribunal agreed with the First Tier Tribunal that VCS had insufficient interest in the car parks to pursue a trespass claim and decided that there was no contract between the motorists and VCS.

This was confirmed on 16th May 2012 when VCS lost their case (VCS v Ronald Ibbotson) at Scunthorpe County Court.

The Judge ruled that only the landowner can take the matter to court and not people acting as their agents (VCS) and that the landowner then has to prove damages.

VCS have also been ordered by the court to explain why they issued a claim when they had no lawful contractual assignment of authority to do so.

Clamping and other means of traffic enforcement carried out on highways and public land by local authorities or the police - or other statutory bodies, such as the DVLA - will remain in place.

Courtesy of The Consumer Action Group

it sounds as though the carpark you park in is on private land so the above applies afaIk

agree totally with ignoring. Unenforceable rubbish. Go on cosumer action group and they will have all the standard letters that you will receive from your company. You ignore the lot, but you can at least see which letter is coming next.

It is very sad but lots and lots of people panic and pay up.