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Private car park Fixed Penalty charge


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If it says "Penalty" on it, they're breaking the law - only a court, the police, railway company or local authority can impose a "penalty" (or a "fine"). 

But in any case, just ignore it. Or, if you're bored, you can have a bit of fun. 

Set up a new email address <your-number-plate>-appeals@<your-favourite-mail-provider>. Use this to send them an email "declining their request for you to name the driver of <car> on <date> at <time> at <location>" because "they have provided insufficient evidence of the alleged contractual breach". But they can "appeal this decision within 28 days by paying the appeal registration fee (ARF) of <amount more than they're looking for>", but "appeals are not guaranteed to succeed and the appeal registration fee is nonrefundable". 

It basically plays them at their own game - if their "parking charge notices" are enforceable, then so is your "appeal registration fee". They're both based on contract law.

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Just now, thepaisleypanda said:

Sadly, yes. Council ones are enforceable (in Scotland too though.)  Aldi / ASDA etc are NOT!

He doesn't necessarily have to pay a council one. It can be appealed on all sorts of technicalities. It can't be ignored, though.

Ask for advice on http://www.pepipoo.com There's people on there who have successfully had parking tickets cancelled for reasons ranging from a missed word on the appeal rejection letter, to the location being noted down wrong.

 

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2 minutes ago, The Master said:

He doesn't necessarily have to pay a council one. It can be appealed on all sorts of technicalities. It can't be ignored, though.

Ask for advice on http://www.pepipoo.com There's people on there who have successfully had parking tickets cancelled for reasons ranging from a missed word on the appeal rejection letter, to the location being noted down wrong.

 

I think it's only twenty quid if paid within 14 days so I'll most likely just pay it. I'll double check the notice when I get home for any glaring technicalities though.

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If it comes from a mob called Parking Eye then f**k it off in the bin, they will continue to send letters and eventually get bored. 

The reason it is not enforceable in Scotland is that they use ANPR when you arrive and leave the car park. If you are over their free parking limit they then contact the DVLA to get the registered keepers details justifying it by using the PoFA act 2012, and then submit the 'fine' to the registered keeper asking them to pay if they were the driver or to provide the dirvers details so the 'fine' can be sent to the correct person. 

Problem with that is PoFA 2012 is not part of Scottish law so technically they have broken the law by gaining the details of the registered keeper. Also if the registerd keeper wasn't driving that day you would like to think they are not a Lee Wallace and dob you in. 

Don't contact the company who issued you the ticket but if you want the 'fine' cancelled then if issued in Lidl (or any other supermarket) car park then may be worth contacting the store manager who can cancel the ticket for you if you have a valid reciept or even just the threat of taking your business elsewhere. 

Anything issued by the council or police you need to pay up but prior to doing so scrutinise the ticket for any errors and also check the area you were parking on for anything you can use as appeal.

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As above, never contact the parking company. But I have twice taken the letter to store managers along with proof of spending and they've quashed it, once at Morrisons in Inverness and once at Lidl in Oswestry. I've also ignored a couple and nothing happened. With the Morrisons one I was worried about my elderly parents opening the increasingly threatening letters you get and panicking.

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I got one from the Morrisons in Inverness, I was honestly about a minute late and i couldn't see the ticket guy anywhere! I just forgot about it and never heard anything from them after. I was advised by some wise guy (dropped out law student) that if they take you to court they can only legally fine you for the amount of money that they are out of pocket for you taking up that space for the amount of time you were there for so can only legally take a couple of quid off you so long as you weren't parked there for a month in which case you would be fucked. Probably bollocks but that particular fine wasn't followed up.

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12 minutes ago, Bairnardo said:

 


That bit is correct. They can legally pursue you for loss of earnings. Which would be difficult to prove and even harder to quantify in terms of a car parking space. That is all they can pursue you for. Hence why in Scotland they dont do it.

Chancing b*****ds.

 

Its madness and a good number of people will be taken in by the fine being halved if paid up within a certain time frame. 

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17 minutes ago, throbber said:

I got one from the Morrisons in Inverness, I was honestly about a minute late and i couldn't see the ticket guy anywhere! I just forgot about it and never heard anything from them after. I was advised by some wise guy (dropped out law student) that if they take you to court they can only legally fine you for the amount of money that they are out of pocket for you taking up that space for the amount of time you were there for so can only legally take a couple of quid off you so long as you weren't parked there for a month in which case you would be fucked. Probably bollocks but that particular fine wasn't followed up.

 

14 minutes ago, Bairnardo said:

 


That bit is correct. They can legally pursue you for loss of earnings. Which would be difficult to prove and even harder to quantify in terms of a car parking space. That is all they can pursue you for. Hence why in Scotland they dont do it.

Chancing b*****ds.

 

No longer true since ParkingEye v Beavis.

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