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Parking ticket question

5 replies

StainlessSteelCat · 15/05/2012 09:54

I received a private company parking ticket after the pay and display ticket I bought fell off the dashboard (yep, the one time I didn't bloody check it, it happened). I appealed, and surprise surprise, the company - Excel - have upheld their ticket.

Unfortunately, it was at this point I started remembering about how private parking tickets may be unenforceable and started searching on here and on MSE.

It would appear that they probably are unenforceable, and it's up to you if you want to risk the "probably".

I've read and re-read what makes for a "fair" parking ticket, and added on to that my experience of working for a council parking department many many moons ago. I think that as I did have a valid ticket, albeit not correctly displayed, I should not pay the parking ticket.

My problem is that I convince my self of this argument, and then get all nervous and worried I'll get caught out somehow - damn this conscience! So, is my reasoning reasonable? And do I just ignore Excel, or write back to them one last time explaining my reasoning and then ignore? Finally, worst case scenario - they take me to court and I have to pay ... the original £100 fine and £25 costs? or could there be more that I end up being stung for?

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BBisTitanium · 15/05/2012 13:06

I had this wit6h parking eye bastards only i was actually bang to rights. If i were you i would send a copy of the ticket, explain the circumstance again and then cite the legal precedent that private limited companies can only enforce a fee to cover costs, if they cannot substantiate there figure it becomes a penalty which they legally cannot issue - martin lewis gives the correct wording and case law to cite. I did this and havent heard again

StainlessSteelCat · 15/05/2012 14:10

Thanks BB. I'll try that. I know that councils have cancelled PCN in these circumstances, so I feel a bit aggrieved that Excel won't - nor that there is not further recourse to appeal. And if they aren't legally entitled to the money, I'm feeling less likely by the minute to pay it.

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BBisTitanium · 15/05/2012 14:36

They are basically trying there luck, any pcn is non enforceable unless from the local authority/ council, in your case I would def fight it, they go away after a while

Dfg15 · 15/05/2012 14:39

No don't do ANYTHING. Just completely ignore it, they will send you a few more letters, then threats of court action, then they'll go away. These tickets are not enforceable by law, they will not bother to take you to court. I deal with PCNs in my job, and we get a fair few of these. I've ignored every one of them so far, and we've had no comeback, court action, baliffs or anything.

StainlessSteelCat · 15/05/2012 16:14

Thanks for the advice. I think I just needed a little spine stiffening! Life is being particularly hectic/chaotic at the moment, so will probably take the easier option and just ignore it.

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