Not paying parking fine Watch

Nadim Chowdhury
Badges: 11
Rep:
?
#1
Report Thread starter 1 week ago
#1
My car was in the garage last week and they parked the car when they had it on a car park. I recieved a parking charge notice as a result. I had no ticket or anything like that on my windscreen.

I received a parking charge notice. This is not a council or government penalty charge notice. This is from a private company. So I'm not going to pay this fine as it's difficult and costly for them to enforce. However us there cases of them being able to take people to court over parking?

I will try to get the garage to pay for the ticket as they were the ones who made me get the ticket. If not then I'll appeal it.

I'll see if I can post pictures of it
0
reply
Nadim Chowdhury
Badges: 11
Rep:
?
#2
Report Thread starter 1 week ago
#2
Name:  20190810_100549.jpg
Views: 13
Size:  320.3 KB
Attached files
0
reply
Nadim Chowdhury
Badges: 11
Rep:
?
#3
Report Thread starter 1 week ago
#3
It also says I'm invited to pay the unpaid parking charge. Should I write back saying I decline the invitation? £60 is a full tank of fuel for me.
0
reply
Nadim Chowdhury
Badges: 11
Rep:
?
#4
Report Thread starter 1 week ago
#4
The other side of the letter says how to pay, appeal, driver identification, complaints, and gdpr stuff
0
reply
olafgarten
Badges: 7
Rep:
?
#5
Report 1 week ago
#5
Use option B, and give the details of the garage.
0
reply
Nadim Chowdhury
Badges: 11
Rep:
?
#6
Report Thread starter 1 week ago
#6
(Original post by olafgarten)
Use option B, and give the details of the garage.
I'll do that, but I'm not sure. This is my first private parking charge
0
reply
Fullofsurprises
Badges: 20
Rep:
?
#7
Report 1 week ago
#7
(Original post by Nadim Chowdhury)
My car was in the garage last week and they parked the car when they had it on a car park. I recieved a parking charge notice as a result. I had no ticket or anything like that on my windscreen.

I received a parking charge notice. This is not a council or government penalty charge notice. This is from a private company. So I'm not going to pay this fine as it's difficult and costly for them to enforce. However us there cases of them being able to take people to court over parking?

I will try to get the garage to pay for the ticket as they were the ones who made me get the ticket. If not then I'll appeal it.

I'll see if I can post pictures of it
Not quite clear what you meant in your first paragraph, are you saying it was left with a parking service (such as an airport parking company) and they parked it someplace where it got a private enforcement ticket?
0
reply
threeportdrift
Badges: 20
Rep:
?
#8
Report 1 week ago
#8
(Original post by Nadim Chowdhury)
I'll do that, but I'm not sure. This is my first private parking charge
Generally the advice if you get a private parking ticket and don't intend to pay it is to be completely silent on the matter. Don't respond in any way at all. They will send increasingly aggressive letters about paying, but eventually they will give up. If you don't intend to pay, then there is no benefit at all for you to communicate with them, it will just extend the argument. They will continue to communicate with you as long as you reply.

However, you should speak to the garage about their liability. This has probably happened before if they do this regularly.
0
reply
squeakysquirrel
Badges: 20
Rep:
?
#9
Report 1 week ago
#9
(Original post by Nadim Chowdhury)
My car was in the garage last week and they parked the car when they had it on a car park. I recieved a parking charge notice as a result. I had no ticket or anything like that on my windscreen.

I received a parking charge notice. This is not a council or government penalty charge notice. This is from a private company. So I'm not going to pay this fine as it's difficult and costly for them to enforce. However us there cases of them being able to take people to court over parking?

I will try to get the garage to pay for the ticket as they were the ones who made me get the ticket. If not then I'll appeal it.

I'll see if I can post pictures of it
https://www.moneysavingexpert.com/re...rking-tickets/
0
reply
nulli tertius
Badges: 21
Rep:
?
#10
Report 1 week ago
#10
(Original post by Nadim Chowdhury)
My car was in the garage last week and they parked the car when they had it on a car park. I recieved a parking charge notice as a result. I had no ticket or anything like that on my windscreen.

I received a parking charge notice. This is not a council or government penalty charge notice. This is from a private company. So I'm not going to pay this fine as it's difficult and costly for them to enforce. However us there cases of them being able to take people to court over parking?

I will try to get the garage to pay for the ticket as they were the ones who made me get the ticket. If not then I'll appeal it.

I'll see if I can post pictures of it
If you read the notice, the parking company accept that liability rests with the driver of the vehicle and they do not know whether that is you.

Why pick a war with the parking company, when if you write a polite letter to the parking company giving them the name of the garage, and I would suggest photocopies of the booking in slip, record of work done and invoice, you will probably not hear from the parking company again?
0
reply
swelshie
Badges: 17
Rep:
?
#11
Report 1 week ago
#11
Like people have said any correspondence with them when you intend to not pay only weakens your standing.

(Ignored smart parking fine and they stopped the threats of court action after 18months)

I would speak to garage first, only talk to parking company if garage intends to pay.
0
reply
Nadim Chowdhury
Badges: 11
Rep:
?
#12
Report Thread starter 1 week ago
#12
(Original post by Fullofsurprises)
Not quite clear what you meant in your first paragraph, are you saying it was left with a parking service (such as an airport parking company) and they parked it someplace where it got a private enforcement ticket?
My car was getting some work done by a garage. They then drove the car and parked it in a car park. That's where the ticket is from
0
reply
Fullofsurprises
Badges: 20
Rep:
?
#13
Report 1 week ago
#13
(Original post by Nadim Chowdhury)
My car was getting some work done by a garage. They then drove the car and parked it in a car park. That's where the ticket is from
They are legally responsible for paying it then. Pay the ticket to the enforcement company and then write to the garage with a copy of the ticket and your proof of payment, requesting that they pay the amount to you within 28 days. If they don't or they refuse, you may be able to take them to small claims court. If you still owe them money, simply deduct it from what you owe them and explain why.
1
reply
RoyalSheepy
Badges: 18
Rep:
?
#14
Report 1 week ago
#14
(Original post by threeportdrift)
Generally the advice if you get a private parking ticket and don't intend to pay it is to be completely silent on the matter. Don't respond in any way at all. They will send increasingly aggressive letters about paying, but eventually they will give up. If you don't intend to pay, then there is no benefit at all for you to communicate with them, it will just extend the argument. They will continue to communicate with you as long as you reply.

However, you should speak to the garage about their liability. This has probably happened before if they do this regularly.
Really? This is garbage advice.

Do not ignore the parking tickets, it's a civil matter yes - but once it gets through the courts, you're toast.

OP, don't ignore it and appeal saying you weren't responsible for it. Then await their reply.
1
reply
threeportdrift
Badges: 20
Rep:
?
#15
Report 1 week ago
#15
(Original post by RoyalSheepy)
Really? This is garbage advice.

Do not ignore the parking tickets, it's a civil matter yes - but once it gets through the courts, you're toast.

OP, don't ignore it and appeal saying you weren't responsible for it. Then await their reply.
I'm not a legal professional, but any search online, and personal experience, indicates that the current situation is summarised as below -

"Many people assume all parking tickets are the same however there are a number of important differences between parking tickets from the local council, and those enforced by private companies.
Understanding these differences is vital in working out whether it is worth challenging the fine, and how to go about winning your case.
Public parking tickets are issued for breaching parking rules on public land - such as on the road or in a public car park. While private parking tickets are issued for breaching the rules on private land, such as in a supermarket car park.
Local authorities, police, or Transport for London enforce public parking tickets which usually will come with fines in the form of a Penalty Charge Notice, or PCN.

But private parking firms have no power to issue fines or enforce private parking tickets. Instead they fine the drivers and are technically issuing invoices for an alleged breach of contract."

The OP indicated that is was a private parking ticket, not a PCN. That being the case, it isn't worth the company's time in proceeding to court on an alleged breach of contract. If you choose to ignore them, they will give up chasing when in stops being cost effective.
0
reply
RoyalSheepy
Badges: 18
Rep:
?
#16
Report 1 week ago
#16
(Original post by threeportdrift)
I'm not a legal professional, but any search online, and personal experience, indicates that the current situation is summarised as below -

"Many people assume all parking tickets are the same however there are a number of important differences between parking tickets from the local council, and those enforced by private companies.
Understanding these differences is vital in working out whether it is worth challenging the fine, and how to go about winning your case.
Public parking tickets are issued for breaching parking rules on public land - such as on the road or in a public car park. While private parking tickets are issued for breaching the rules on private land, such as in a supermarket car park.
Local authorities, police, or Transport for London enforce public parking tickets which usually will come with fines in the form of a Penalty Charge Notice, or PCN.

But private parking firms have no power to issue fines or enforce private parking tickets. Instead they fine the drivers and are technically issuing invoices for an alleged breach of contract."

The OP indicated that is was a private parking ticket, not a PCN. That being the case, it isn't worth the company's time in proceeding to court on an alleged breach of contract. If you choose to ignore them, they will give up chasing when in stops being cost effective.
Correct, it's not a PCN. Incorrect about the company not following it up. I suggest if you have insufficient knowledge on this topic, I recommend you stay in your assigned area as a FH.

Private tickets can be enforced in courts using sufficient evidence, it's a huge gamble to just ignore a notice like that - you don't know if they're bluffing or not. If they're not bluffing you'd have wished you paid the fine in the first place with all the court costs incurred.
0
reply
Onde
Badges: 15
Rep:
?
#17
Report 1 week ago
#17
Name:  wSFySgV.jpg
Views: 12
Size:  57.1 KB
0
reply
threeportdrift
Badges: 20
Rep:
?
#18
Report 1 week ago
#18
(Original post by RoyalSheepy)
Correct, it's not a PCN. Incorrect about the company not following it up. I suggest if you have insufficient knowledge on this topic, I recommend you stay in your assigned area as a FH.

Private tickets can be enforced in courts using sufficient evidence, it's a huge gamble to just ignore a notice like that - you don't know if they're bluffing or not. If they're not bluffing you'd have wished you paid the fine in the first place with all the court costs incurred.
And how would they have sufficient evidence against the OP if the car was with the garage at the time?

This seems to be your area of speciality, do you have any stats about how many private tickets are issued v how many are taken to court? Maybe also the equivalent PCN data? That would be very helpful to see.
0
reply
username4408806
Badges: 11
Rep:
?
#19
Report 1 week ago
#19
Just write back with the details of the garage. If the garage are the ones who parked there, then the contract is with them and they are liable. However, if you bury you're head in the sand and do nothing, how is the parking company supposed to know?

The law around this is covered in the Proctection of Freedoms Act 2012, which allows parking companies to assume that the registered owner is the driver (therefore liable) unless the RO supplies the actual driver details.

If I were you, I would write back within the garage details, then if it goes further and they still claim you're liable, appeal. However, if you do nothing, then it drastically weakens your case.

Many times a parking company will just forget the whole matter, but never assume that this will happen in your case. The last thing you need is a CCJ against you.
Last edited by username4408806; 1 week ago
0
reply
nulli tertius
Badges: 21
Rep:
?
#20
Report 1 week ago
#20
(Original post by threeportdrift)
I'm not a legal professional, but any search online, and personal experience, indicates that the current situation is summarised as below -

"Many people assume all parking tickets are the same however there are a number of important differences between parking tickets from the local council, and those enforced by private companies.
Understanding these differences is vital in working out whether it is worth challenging the fine, and how to go about winning your case.
Public parking tickets are issued for breaching parking rules on public land - such as on the road or in a public car park. While private parking tickets are issued for breaching the rules on private land, such as in a supermarket car park.
Local authorities, police, or Transport for London enforce public parking tickets which usually will come with fines in the form of a Penalty Charge Notice, or PCN.

But private parking firms have no power to issue fines or enforce private parking tickets. Instead they fine the drivers and are technically issuing invoices for an alleged breach of contract."

The OP indicated that is was a private parking ticket, not a PCN. That being the case, it isn't worth the company's time in proceeding to court on an alleged breach of contract. If you choose to ignore them, they will give up chasing when in stops being cost effective.
You have ignored how the article you have quoted finishes

"However, you should use caution when ignoring a ticket – if the firm decides to call your bluff and take you to court, you could end up paying a lot more.”

Ultimately if, as appears to be the case, the OP is not liable, that is what the judge will decide.

However the judge has a discretion about the parking company's costs, even in a small claim and the judge could well decide that the OP behaved unreasonably in ignoring a perfectly sensible letter asking him for who was driving. The OP could end up not have to pay the penalty but having to pay the court fee and the parking company's lawyer's time for establishing that the OP was not responsible.
1
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts

All the exam results help you need

2,861

people online now

225,530

students helped last year

How are you feeling about GCSE Results Day?

Hopeful (165)
13.26%
Excited (108)
8.68%
Worried (229)
18.41%
Terrified (291)
23.39%
Meh (99)
7.96%
Confused (32)
2.57%
Putting on a brave face (163)
13.1%
Impatient (157)
12.62%

Watched Threads

View All
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise