Asda Car Park Fine?

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Hmm, the statement you make - that "these people have no right to enforce these tickets" is not backed up by the links you have provided, where the website specifically talks about "unfair" parking penalties.

I perhaps used the wrong word saying 'right' and will substitute it for 'power' As far as the links I have provided (particularly in the case of Pepipoo), if you go into forums associated with this subject, you will see that the power to enforce is not an option for these companies because they know that they have little or no chance of receiving in a civil court the figures invoiced for.

Everything I have ever read about private parking enforcement is consistent and does not give those transgressing the posted conditions of the parking facility the right to simply ignore any "penalty notice". If someone has blatently breached the publicly displayed terms and conditions, they are liable and cannot afford to simply ignore all correspondence. It amazes me how often this wholly incorrect assertion is made on this forum.

Nobody has said that it is a 'right to ignore', it is perhaps better put as advisable. There is no means of appeal, either de facto or to their better nature, involved with these companies. They are simply there to extract the maximum amount of money out of as many motorists as possible. They work on an assumption that a certain number of people will be suitably frightened or intimidated and pay without question. I would argue with your statement that people 'cannot afford to simply ignore all correspondence', as entirely the opposite- they simply cannot afford to lend these scams credence by replying at all.

The crux of the matter is: did the person who received the parking penalty blatently flout the posted terms and conditions (e.g. staying too long, parking across multiple bays, not displaying a ticket, etc). and, if they did, is the penalty proportionate? these are the two points upon which a challenge can be made.

I think that anybody, and more importantly a County Court, would agree that these 'penalties' (in fact invoices) are disproportionate which relates to my earlier point as to why these PPC's almost wholly NEVER seek their 'day in court'.

In the OP's case, by parking across multiple bays, they may have broken the posted conditions.

The fact is that the OP may have breached the PPC's 'conditions'- but again by entering into a dialogue with them, they will be adding credence to their dubious practices.

The amount of "penalty" is open to interpretation and the issue can probably be resolved with a cheque for £5 or so as a reasonable settlement for breach of contract.

Open to interpretation by whom? Certainly not the PPC's, they will continue to demand their original invoice whatever and all the more if the OP were to try this tactic. However, you are right that a cheque for £5 OUGHT to be a reasonable settlement for the alleged breach of contract but PPC's and reason are an oxymoron. If they were reasonable their original invoices would be for £5- and most people would pay them!

The ultimate course of action to be taken will be the OP's decision but I would do what I and hundreds of others have done -totally ignore the original notice.
They of course will follow up with more official looking letters threatening court action, visits from bailiffs, damage to your credit rating, crop pestilence, death of your first born etc.
They may, as they certainly did in my case, get hold of your mobile telephone number and ring every week from different mobile phone numbers for a couple of months (these were just ignored) but they WILL go away (took about 10 months in my case) and look for the next 'soft mark' they can find to pay their totally unenforceable and unreasonable invoice.
 
I thought that the "fine" was actually in law an "invoice" - and therefore has to have the driver's, not owners, details on it; as the "contract" is between the driver and the land owner.

You are absolutely correct in these two assumptions. One of the tactics employed by the PPC's or their debt collection agency, is to send a letter demanding details of the driver at the time of the incident. They have absolutely no right in law to ask for these details. The Police and council parking enforcement do under section 172 Road Traffic Act 1988, but PPC's or whoever else have none whatsoever.

BUT....The law on this is going to change - don't know when - and then it will be the owner who is liable.

I've not heard about that but there are changes afoot, certainly with regard to private vehicle clamping, in Parliament so that may involve different conditions that PPC's may seek driver details.
 
I agree with the refusal to pay, but as an old lag said to me in Winson Green prison many years ago in very similar circumstances
"so you're a man of principles are you? Well let me tell you son, there are two types of people allowed principles in this world - rich men and fools.
And I can see you're not a rich man"

That has been good advice for many years.
 
If someone has blatently breached the publicly displayed terms and conditions, they are liable and cannot afford to simply ignore all correspondence. It amazes me how often this wholly incorrect assertion is made on this forum.

I'm going to put a sign in my garden that says anyone wishing to ring my doorbell must hop on their left leg and sing Bohemian Rhapsody along my path. Any breach of this contract will result in an invoice for £100 (£70 if paid in 14 days).

In a nutshell, that's why parking invoices don't get followed up in the courts and can safely be ignored. :p
 
You could just send the ticket back to them , WITHOUT ANY CORRESPONDENCE AND CERTAINLY WITHOUT SUPPLYING ANY PERSONAL DETAILS , and just write 'REJECTED' scross it in large letters .

Be sure not to put a stamp on the envelope so they have to pay the postage when they get it :devil:


I got one of these tickets in Perth town centre, even although parked legally and all paid for. As I was in a Mercedes courtesy car and not wanting them to pay and then ask me to refund them, I replied pointing out their mistake.

To be fair, I did say that it would cost them £60 for any further information which would be reduced to £30 if they requested it within 14 days. All they had to do was check their records against the registration and they would have seen that payment had been made.

This however is not what they are in business for and now that they had my details began to harass me before passing my details to debt collectors who knew how to really harass people. Despite telling them the "fine" was disputed, which means they have to back off, they continued their harassment. They only stopped when I reported them to the Financial Services Authority and they wrote back saying they were not going to continue chasing me for the money. No apology or admittance that I did not owe any money in the first place.

So I would give the following advice, Never Never Ever, reply to these people giving any details about yourself as they only exist to prey on people who do not know any better and will never follow the guidlines that they are supposed to adhere to.

Russ
 
I remember your original thread on that matter .

That was why I indicated not to supply any more information than they already had .

As long as you are up to 'playing hardball' with these guys it is just a game ; otherwise - stay clear .
 
I definitely wouldnt pay! I always take up 2 spaces to stop me getting any parking dints!
 
The ticket will say that they can trace your address from the dvla, but it is ilegal for them to do that or for the dvla to provide the details.
- Not true. A private parking company can get your details from DVLA, and in fact DVLA make a lot of money from supplying that very information.

MarkP
 
I'm going to put a sign in my garden that says anyone wishing to ring my doorbell must hop on their left leg and sing Bohemian Rhapsody along my path. Any breach of this contract will result in an invoice for £100 (£70 if paid in 14 days).

In a nutshell, that's why parking invoices don't get followed up in the courts and can safely be ignored. :p

Is this the real life?
Is this just fantasy?
:D
 
Just wanted to bump this, my son has just received a letter for a similar thing. His car must have been seen on camera we guess given the time.

He parked on Blockbuster car park in Preston from 23:30 until 02:30, the sign apparently says a maximum of 1hr 20mins (he doesn't remember seeing it). A letter arrived today with a fine of £80 or £50 if he pays within 14 days. The letter is from a company called ParkingEye. Googling around it seems they are well known for this and the general advice seems to be to ignore it, would the consesus here be the same?
 
The letter is from a company called ParkingEye. Googling around it seems they are well known for this and the general advice seems to be to ignore it, would the consesus here be the same?

Yes, ignore completely.

Russ
 
- Not true. A private parking company can get your details from DVLA, and in fact DVLA make a lot of money from supplying that very information.

MarkP

True - but it doesn't and can't give the name of the driver at the time of the alleged parking. The "fine" or "invoice" is for the driver not the registered owner.
 
Just wanted to bump this, my son has just received a letter for a similar thing. His car must have been seen on camera we guess given the time.

He parked on Blockbuster car park in Preston from 23:30 until 02:30, the sign apparently says a maximum of 1hr 20mins (he doesn't remember seeing it). A letter arrived today with a fine of £80 or £50 if he pays within 14 days. The letter is from a company called ParkingEye. Googling around it seems they are well known for this and the general advice seems to be to ignore it, would the consesus here be the same?

Completely ignore these leeches. Please get out of your mind that it is NOT a fine and a ppc has no right to issue one. You will get several letters threatening ccj's etc but as always they are just fishing and will go away after a while.

Daz
 
While I would agree in principle with the approach to ignore them, there is one instance of Parking Eye following through with court action (although the case has not been heard yet). It would be worth reading through this thread over on PePiPoo for a flavour of what's going on.
 
A freind of mine got a ticket in our local asda last month for parking in a disabled bay without showing a badge, when in fact she DID display her badge on the dashboard. I, and her family told her to ignore it, which she did. They sent 2 letters which she ignored, but now she's had a letter from "white & co, debt recovery & legal services" demanding £82 within 5 days.

At the bottom of the letter it says in bold print: "THIS DEBT MAY BE PAID TO" ect ect. Are they allowed to say that? -Atempting to obtain monies through misinterpritaion act, ect?
 
I've had 2 debt collectors sending me the same, I reported both to the Financial Services Authority and a few weeks later they both sent letters saying they were no longer chasing the debt, copies also go to the FSA.


Russ
 
I've had 2 debt collectors sending me the same, I reported both to the Financial Services Authority and a few weeks later they both sent letters saying they were no longer chasing the debt, copies also go to the FSA.


Russ

Thanks Russ, I think that will be our next move.:thumb:
 
Debt collectors thrive on fear, fear that they can take legal action.

They are not bailiffs and cannot enforce any debt.

For a debt to be enforced a CCJ is required and a registered Bailfiff instructed to collect.

Two options.

Ignore it.

Or

Phone them up, tell them in no uncertain terms they don't have a CCJ, they are not Bailiffs and there are no circumstances under which you will be parting with any money to them for a fictitious fine.
 
Debt collectors thrive on fear, fear that they can take legal action.

They are not bailiffs and cannot enforce any debt.

For a debt to be enforced a CCJ is required and a registered Bailfiff instructed to collect.

Two options.

Ignore it.

Or

Phone them up, tell them in no uncertain terms they don't have a CCJ, they are not Bailiffs and there are no circumstances under which you will be parting with any money to them for a fictitious fine.

And even with a CCJ the order is very specific for a bailiff to enforce. I can't believe any court would issue a CCJ for recovery of parking fines for a private parking company. I think the parking Eye prosecution would certainly set precedence if it were successful which I can't believe it will or it would open up the flood gates and I would be pretty confident it would be overturned on appeal

You also might want to check THIS out advice from one of the best in the business
 
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