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Original poster

Parking charge from a private company. Please help

28 replies

smarty14 · 05/04/2019 08:07

Hi,

Not sure where to put this so this looked like the most relevant.

Yesterday in the post i recieved a parking Charge Notice from a private company; the charge was for 1st march, in the letter it says a parking fine was attached to my windscreen but it wasn't and this letter is the first i have heard about the fine.

So its over a month before i even knew about the charge.

The photos on the website clearly show also that there was no charge attached either

What are my rights??

OP posts:
BWcastle2000 · 05/04/2019 08:11

What country are you in? The law is different in different parts of the uk.

Pinkyyy · 05/04/2019 08:12

Don't pay it. I've only ever pay official ones as I was once caught up in a fake parking ticket fiasco, so I tend to ignore any private ones.

Original poster
smarty14 · 05/04/2019 08:19

I'm in surrey.
Just been trying to read up on martyn lewis website

OP posts:
Original poster
smarty14 · 05/04/2019 08:20

Sorry pressed reply to quickly.

Letter says a fine was attached to my vehicle; it wasn't and picture clearly states that.

Martin lewis website says they have to write to you within 15 days my letter is 22 days later

OP posts:
HotpotLawyer · 05/04/2019 08:25

Most private car parks, supermarkets etc, don’t put a notice on your windscreen, just send you the postal notification.

Were you in the car park in question? Did you exceed the time dircifurd in the notice or otherwise fail to comply with the terms and conditions displayed in the car park?

It all depends on whether the notice displayed in the car park is legally enforceable or not. They used not to be but now they have wording that says if you park you are bound by their contract, or something.

If it is via Parking Eye / Capita they will follow up and pursue, through court.

HotpotLawyer · 05/04/2019 08:26

No one here can actually advise without knowing all the details.

prh47bridge · 05/04/2019 09:55

Don't pay it. I've only ever pay official ones as I was once caught up in a fake parking ticket fiasco, so I tend to ignore any private ones

That is bad advice. Private parking tickets are now enforceable. Some parking firms are more likely to prosecute than others. But if the charge is fair (i.e. the rules were clearly displayed and you broke them) they can make you pay.

Your options are:

  • appeal if you think the charge is unfair
  • pay
  • do nothing and hope the parking company doesn't take it to court
DGRossetti · 05/04/2019 11:40

Before you do anything, there's a treasure trove of resources here:

forums.pepipoo.com/index.php?

They might have details of the company and the best approach. When I was hit with similar, the advice was not to reply or engage in any way (as that confirms ownership). I didn't and after some scary looking letters, not a peep.

prh47bridge · 05/04/2019 13:24

When I was hit with similar, the advice was not to reply or engage in any way (as that confirms ownership)

That was old advice and is no longer correct. Parking companies can get ownership details from DVLA regardless of whether or not you respond. The issue used to be that they had to take action against the driver and responding would confirm that you were the driver. They are now entitled to take action against the registered keeper regardless of whether or not they were the driver.

DGRossetti · 05/04/2019 13:50

That was old advice and is no longer correct. Parking companies can get ownership details from DVLA regardless of whether or not you respond.

That wasn't the reason for the advice (which was last year). And they did get the ownership details from the DVLA and contact the owner.

But - following the advice to not respond - after a subsequent scary letter - nada.

The forum has a log of different parking outfits and their Modus Operandi. The one that ticketed our car is well known for never taking anything to court (there are suggestions that they are keen to avoid the inside of a court for other reasons).

A few minutes spent trawling the forum will confirm there are a lot of sharks out there.

prh47bridge · 05/04/2019 15:26

There are indeed sharks. And some companies are more inclined to take people to court than others. Which is why sitting tight to see if they take action can be a good idea. But not if it is Parking Eye!

Oblomov19 · 05/04/2019 15:29

Surrey is notoriously bad for this.
We need more info before we can advise.

MissCharleyP · 06/04/2019 17:38

I thought they had to notify within 14 days? Not totally sure but similar happened to my friend at a notorious car park in our town and she was advised if it was outside 14 days then it wasn’t enforceable. No idea if true though.

prh47bridge · 06/04/2019 18:42

If they didn't fix a notice to the OP's car the parking company had 14 days to contact her. However, they say they did. Regardless of whether or not the OP actually received it, if they did fix a notice (or gave it to someone who appeared to be in charge of the car), the parking company is not allowed to follow up for 28 days after the OP parked but must follow up within 56 days of the day she parked. So they question is whether or not they did fix a notice.

Original poster
smarty14 · 06/04/2019 18:49

Thanks for all the replies.

There was pictures on the website when i logged on which clearly shows that no notice charge was fixed.

Have emailed the company this and also found info that says they have to write within 15 days but they didn't write until 22 days later

Thanks

OP posts:
JuniperBeer · 06/04/2019 18:52

Give us more details? Which firm?
Where did you park?
If you parked in Waitrose car park they can cancel it for you etc.

Original poster
smarty14 · 06/04/2019 19:37

MET ? It is an approved one that can get your details from dvla

It was parked in a leisure centre where i was visiting for the first time for a kids soft play

OP posts:
prh47bridge · 06/04/2019 19:50

Have emailed the company this and also found info that says they have to write within 15 days but they didn't write until 22 days later

You received the letter just over a month since you parked which is consistent with them thinking they attached a notice to your car. If you are certain there was no notice you may be able to challenge it on the basis that they have left it too late to write to you.

TrentBridge · 06/04/2019 19:53

My experience (with Parking Eye) was that I had to appeal to them (automatically rejected) and then appeal to POPLA (the independent arbitrator of parking claims). Parking Eye didn't supply what they needed to (I think that's normal) and it all got dismissed.

I followed Martin Lewis's advice so suggest you keep reading that!

JuniperBeer · 07/04/2019 00:50

Go into the leisure centre. Ask them to email parking eye and get the ticket cancelled. You’ll need to take the letter with you. I think PE have 7 or 14 days to give you ticket so they’re already outside that. Either way. The leisure centre will have the capability to cancel the ticket. They employ PE to manage their car park on their behalf. I used to work for a company that had a car park run by PE. We were forever cancelling tickets for people who ignored hadn’t seen signage.

prh47bridge · 07/04/2019 09:20

I think PE have 7 or 14 days to give you ticket so they’re already outside that

Parking Eye say they fixed a notice to the car. As per my earlier post, if they did they are not out of time even though the OP did not receive the notice.

longearedbat · 07/04/2019 15:06

I got a ticket in an ncp car park which I appealed immediately. They are supposed to respond within 14 days, which they didn't. When I pointed out that they had not stuck to their own guidelines the ticket was cancelled. There was a bit more to it than that, but that's the gist. It sounds like they are chancing their arm with your ticket and the delay. Write to them (signed for delivery) and point this out. Keep copies of everything, including the signed delivery receipt which you can print off from the post office site . If they don't stick to their own guidelines they can't expect you to pay, and in the unlikely event of it going to court I can't see that the charge would be upheld.

ivykaty44 · 07/04/2019 15:16

Smarty14

The parking charges companies have to abid by strict time frames otherwise you can use there errors to get out of paying

If a parking notice is left on your windscreen - the parking company must not contact you for 56 days

If no notice is left on your windscreen then the parking company must contact you within 14 days

So if the parking charge was for 1st March

You can use the loop hole on either to appeal

The appeal has to be to the parking charge company, using GDPR data protection and the incorrect use of you information and out of date sequence{look it up on a specialised website...not Martin Lewis}

Rest assure it will fail

Then you appeal to poplar and as GDPR laws are so tight you should win

ivykaty44 · 07/04/2019 15:22

www.popla.co.uk/

And afterward write to the parking company and demand they destroy your information

The last ticket my dd had they had kept her details...ticket offence Sunday 23 December
Ticket posted 27 December. There is no way they contacted DVLA to get that turned round in one working day. Appealed and won

prh47bridge · 07/04/2019 19:25

If a parking notice is left on your windscreen - the parking company must not contact you for 56 days

I'm afraid that is wrong. They must not contact you for 28 days. They must contact you within 56 days. So, if they did put a parking notice on the OP's windscreen, there is no loophole.

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