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Original poster

parking ticket advice best to ignore or to dispute?

23 replies

ilovesmurfs · 04/12/2013 12:31

we parked in a private carpark outside a retail area with toys r us, tkmaxx, shoe shop etc the other week and managed to overstay the two hours...

we were in the shops on the retail park and spent a co siderable amount xmas shoppong.

anyway the 'fine' is from ncp? money saving expert etc says these fines are not enforcable, its £70!!! ffs.

but am unsure if its best to just ignore or if we write and say we wont pay?

any legal peeps or those who have dealt wuth this know the best way to proceed?

OP posts:
Original poster
ilovesmurfs · 04/12/2013 12:32

eta.. the fine arrived in the post. they obviously have cctv and just automatically send letters to those that overstay. if we had stayed all day i would understand but it was half an hr extra and we were shopping in the shops the carpark is for!

OP posts:
prh47bridge · 04/12/2013 12:48

The "fines" is not enforceable. In essence they are threatening to sue you for breach of contract and offering to settle out of court for £70. If you ignore them it is unlikely they would take you to court. If they did sue they may lose if, for example, the signage was poor. And even if they win they may be awarded less than the £70 they are claiming on the basis that this is compensation for any loss they have suffered as a result of your breach of contract, not a fine.

Some people think you should appeal if you have a good case - the information you have received from NCP should tell you how to appeal. Others (including me) think this is giving the "fine" a level of credibility it does not deserve and that you should ignore. I would not recommend writing to NCP and saying you aren't going to pay. Either appeal or ignore it completely.

YomAsalYomBasal · 04/12/2013 13:00

Ignore

Original poster
ilovesmurfs · 04/12/2013 13:07

ok ignore is what we thought and dp is planning to do, was unsure after reading the money saving expert site.

they really are cheeky bastards, £70 is extortionate!

shall just ignore and see what happens.

OP posts:
NorthernLebkuchen · 04/12/2013 13:08

No, don't ignore it. Ignoring used to work as the companies couldn't prove it was the registered keeper driving - but the law changed October 2012 and now they can proceed against the registered keeper even if you deny being there. There has been an increase in the aggression shown by some of the companies. There are many threads on money saving expert with up to date advice. Personally I would appeal it in the first instance. Actually what i would do is pay it and write to the companies at the park saying you won't shop there again. Dh is refusing to pay atm. At present the debt collectors are writing demanding over £100 and saying the next step is to take it to court. i know he's right to say it is daylight robbery and a matter of principle etc etc but tbh I would rather he'd paid the £40 and that was the end of it.

Original poster
ilovesmurfs · 04/12/2013 13:31

Maybe I should wrote to the two stores we spent loads in with copies of our receipt sand tell them I wont hsopmwoith the again unless they do something.

The employ the car paarkign company?

OP posts:
Itwasntmeanttobelikethis · 04/12/2013 15:02

My understanding was these private car parks are only able to pursue money through "breach of contract" legislation and if there was no charge to park there is no loss incurred so therefore they are not able to take you to court over this. Please correct me if I'm wrong but in Scotland I've certainly never heard of anyone being taken to court for this type thing and my police man friend certainly only advises to pay parking tickets from police or council as these are enforceable

prh47bridge · 04/12/2013 17:25

NorthernLebkuchen - They can proceed against the registered keeper but they still have the problem that the courts are generally unwilling to uphold these "fines" as they are excessive and don't reflect any actual loss as a result of the alleged breach of contract. They also frequently lose on the basis of inadequate signage, etc. Whilst they are being more aggressive it is still true that most cases are dropped without going to court as the parking companies know they are likely to lose.

TheOneWithTheNicestSmile · 04/12/2013 17:31

Go on the NCP website & see if there's a link to an appeals form, itch the facility to attach receipts. Parking Eye has this.

Or you can go direct to the hops concerned, as they should have the ability to cancel it.

TheOneWithTheNicestSmile · 04/12/2013 17:32

"Itch" = with
"Hops" = shops

Gah

TheOneWithTheNicestSmile · 04/12/2013 17:33

\link{http://www.pepipoo.com/\pepipoo very helpful}

NorthernLebkuchen · 04/12/2013 18:07

That's right prh47. It's just that the old advice to ignore resulted in the whole thing quietly going away and there has been a shift in that. Depends on how much hassle you want really.

Original poster
ilovesmurfs · 04/12/2013 18:20

the one I will have a look at their website or try the shops.

The carpark is a free for two hours one, you can't stay longer than two hours or return in an hour yada yada. We overstayed but only because we were x!a sshoppign for five kids with a toddler in tow...

OP posts:
WeAreEternal · 04/12/2013 18:35

I received one of these 'fines' last year.

I sent them a cheque for £2.80, which is the standard cost of one hours parking in that area, to cover their 'losses' for my overstaying.
I made it clear that was my full and final payment.

They sent me a letter refusing the payment and demanded the £70, then one week later cashed my cheque.
All further correspondence from them has been ignored.

TheXmasLogIn · 04/12/2013 18:43

If it says Penalty Charge Notice, pay it straight away but if it says Parking Charge Notice, personally I would just ignore it. Yours sounds like it probably is the latter which is only enforceable in a Civil Court, where the company would need to prove the losses incurred to themselves, by your parking in that space for an extra 30 minutes. This is likely to be significantly less than £70.

In reality they are highly unlikely to take it that far. what will happen is you will get a series of letters demanding the charge is paid. Each time the sum will increase. Then they will apparently pass your details to a debt collect, who on closer inspection will actual be part of the same umbrella organisation. finally they will announce they are considering taking you to court, BUT give you one last chance to pay a reduced settlement. you will probably receive several of those before they eventually give up.

TheOneWithTheNicestSmile · 04/12/2013 18:54

XmasLogIn, that was true until October 2012. The rules changed then, & it is unwise to ignore now, as they are taking people to court, & sometimes winning (probably mostly when the person concerned ignores the summons, but it's an expensive risk to take)

Perfectlypurple · 04/12/2013 18:56

I had one in May this year and ignored it. I had a few letters but nothing for months.

Itwasntmeanttobelikethis · 04/12/2013 18:59

Theonewith - what rules have changed? I'm in Scotland and I've yet to hear of anyone actually face legal action. Round here it's mostly hospitals with the 4hr parking rule. We all work 12hr shifts so can't just move the car. No charge to parking. You can't park outside on the streets due to double yellow lines and residents parking.

TheOneWithTheNicestSmile · 04/12/2013 19:04

Oh, Scotland is different I think, Itwasn't (& better in so many ways Grin)

I'm in the throes of dealing with one of these atm (thanks to my son who doesn't know how to read car park signs Hmm) & I've had some advice from pepipoo - which I linked to above - they always ask people initially if they're in England/Wales or not

prh47bridge · 04/12/2013 22:21

TheOneWithTheNicestSmile - The only change in the rules is that they can take action against the registered keeper. Previously they could only take action against the driver which put them in a weaker position as they were usually unable to identify the driver. It is still the case that they will often lose on the basis of inadequate signage, etc. It is still the case that they are only entitled to recover damages for the loss they have suffered. For someone overstaying by 30 minutes that is unlikely to be anywhere near £70. If it s a free car park it is hard to see that they have suffered any loss at all. If it is a paying car park they have lost the fee for half an hour's parking but it is hard to see that there is any loss beyond that.

If they actually take court action you should not ignore that. You should turn up in court and argue that the signage was inadequate (or any other mitigating factors) and that their losses cannot possibly be as much as they are claiming. At worst you will end up paying the amount they are claiming plus their court fees. Provided you pay promptly this won't appear on your credit record. At best you will end up paying nothing.

Itwasntmeanttobelikethis · 04/12/2013 22:49

Prh47 - does that change apply to Scotland as well?

prh47bridge · 05/12/2013 00:30

The change is for England and Wales.

TheXmasLogIn · 05/12/2013 09:29

TheOneWithTheNicestSmile it is true, I've had at least 2 of these since October 2012 and they have been exactly the same as those I received before that date.

Only change since that date is that I can no longer claim it wasn't me (the registered keeper of the vehicle) driving to avoid liability. Also there have been a few changes regarding the legality of private companies being allowed to access DVLA records.

Nothing has changed that means I have to pay £70 for parking for 30 minutes, especially when other local car parks charge only 50p for that same length of stay.

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