UKPC Parking Fine.

[kianok]

‘Don’t display, we’ll make you pay’....

 

[jdrrco]

Your advice is 7 years out of date in England and Wales.

Look up the POFA 2012.

Keeper liability and private parking tickets

 

[Flyinspanner]

Pepipoo and moneysavings expert websites.

Was your permit on the window by the hedge........

 

[bob6600]

You were at fault for not displaying however you have a valid permit. They will either accept that you had the right to park there or be ****s and do you for not displaying your permit.

My mum once went to the docs which has ANPR controlled by CPP I think and because she went with my wife, she forgot to register the car reg against her blue badge. The fine came through the post and I sent a covering email along with images of the badge. Because she was exempt, they waived the fine. Good luck.

 

[markjay]

I found that Councils will wave a PCN on appeal if the permit (or ticket) was not displayed. Also the DVLA did the same with tax disc at the time. They did however point-out that it was 'on this occasion only' etc. Not sure however if private parking companies will be as accommodating.

 

[Deleted member 6183]

I found that Councils will wave a PCN on appeal if the permit (or ticket) was not displayed. Also the DVLA did the same with tax disc at the time. They did however point-out that it was 'on this occasion only' etc. Not sure however if private parking companies will be as accommodating.

Hence my post #9

The accepted stance on here seems to be fight or flight though.

 

[Oli]

I had a parking charge notice a few months ago, forgot to put my reg number in at reception, I ignored it, they sent a couple more letters and gave up, this is all they will do, the amount of people private parking firms have actually bothered to take to court could be counted on one hand I expect, they just count on people paying them.

 

[Dryce]

I found that Councils will wave a PCN on appeal if the permit (or ticket) was not displayed. Also the DVLA did the same with tax disc at the time. They did however point-out that it was 'on this occasion only' etc. Not sure however if private parking companies will be as accommodating.

The thing about these parking companies is that their business model is often not based on revenue for parking - but revenue from breaking imposed conditions on parking. In some sites they may pay for the right to operate the site in this way. It's a shoddy setup that has been enhanced by poor legislation.

My view is that councils should enforce - private landowners should be able to call on council traffic wardens or policer to ticket any vehicle that is uninvited on to their property. Carpark operators should only be allowed to enforce charges if they have barriers.

 

[Dryce]

I had a parking charge notice a few months ago, forgot to put my reg number in at reception, I ignored it, they sent a couple more letters and gave up, this is all they will do, the amount of people private parking firms have actually bothered to take to court could be counted on one hand I expect, they just count on people paying them.

The different companies folowup differently.

Law in Scotland means they can't go after the keepr in the same way as in England and Wales.

In E&W some companies actively pursue and some don't. Bear in mind that it is a big business - and the value of that business is dependent on some enforcement otherwise the value would evaporate. If you run a £100 million pound parking company you can't afford for your victims to ignore you or you are no longer a £100 million company. So you might look at the owners and values of these businesses and figure the likelihood that they will pursue you to court is proportional to their value.

 

[E55BOF]

If all else failed and I found myself with no choice but to pay (eventually) one of these 'Fines', I think I'd string it out to the last possible moment before doing so and therefore incurring extra costs; getting my money's worth, in other words. Does anyone know at what point the private parking company is able to increase the charge to cover any of their costs?

 

[whitenemesis]

Once they instruct the bailiffs?

 

[Deleted member 6183]

I don't know but the key point would be when they report the debt to a credit reference agency.

 

[Deleted member 6183]

Once they instruct the bailiffs?

Well before that.

 

[markjay]

A friend has a small plot of land which he converted to a privately-operated public car park.

The deal with the parking enforcement company was that they put up the signage, ticket machine, and CCTV camera, then he gets the revenue from parking tickets and they get the revenue from 'fines'.

You might argue that this explains why those private parking companies are so aggressive in imposing and pursuing 'fines'... but the flip-side is that for someone to build a business model in this this way, they must be certain that people will 'try their luck' either by not paying or by overstaying.

We could all be astonished as to why people would do that... but just look at the photos of the droopy-faced families next to the family car on the Daily Mail complaing about 'heartless' parking enforcers, and you will see that there's always going to be someone who thinks rules don't apply to them....

(Not referring to the OP's case, obviously)

 

[E55BOF]

I don't know but the key point would be when they report the debt to a credit reference agency.

I doubt they could legally do that until the debt became legally enforceable, and I'd have thought that that would be when a court judgement was obtained in the claimant's favour. Is the defendant liable to pay legal costs prior to that? If not, the point at which to pay up would be when the claimant had taken all necessary action prior to the actual hearing. No point leaving it until the day before the hearing; you'd then be screwing the court around unnecessarily, whereas the whole point was to screw the parking company around.

 

[Deleted member 6183]

I doubt they could legally do that until the debt became legally enforceable, and I'd have thought that that would be when a court judgement was obtained in the claimant's favour. Is the defendant liable to pay legal costs prior to that? If not, the point at which to pay up would be when the claimant had taken all necessary action prior to the actual hearing. No point leaving it until the day before the hearing; you'd then be screwing the court around unnecessarily, whereas the whole point was to screw the parking company around.

Like I said, I don't know.

Debts will be recorded as overdue once they are, erm, overdue. Not sure that a parking firm have to prove it, utility companies don't.

 

[E55BOF]

Like I said, I don't know. Debts will be recorded as overdue once they are, erm, overdue. Not sure that a parking firm have to prove it, utility companies don't.

Bit of a difference between a utility company, though, with which you have entered into a contract for the supply of goods and services, and a private parking company by which you are deemed to have entered into a contract. The implication of your statement is that a utility company could legally put somebody's details on a credit reference agency's files for non-payment of a debt on their say-so alone; are you sure of that?

 

[Deleted member 6183]

Bit of a difference between a utility company, though, with which you have entered into a contract for the supply of goods and services, and a private parking company by which you are deemed to have entered into a contract. The implication of your statement is that a utility company could legally put somebody's details on a credit reference agency's files for non-payment of a debt on their say-so alone; are you sure of that?

No, not really, just surmising.

 

[e55nick]

I've read the POFA 2012 and 'm now wondering why none of the parking companies I've dealt with in the past have used this legislation? Must just be lucky I guess. I have always taken the stance as set out above and would contest in court if I had to. Now not saying that I would win ...but... Thanks for the heads up.

 

[wivenhoe]

Bit of a difference between a utility company, though, with which you have entered into a contract for the supply of goods and services, and a private parking company by which you are deemed to have entered into a contract. The implication of your statement is that a utility company could legally put somebody's details on a credit reference agency's files for non-payment of a debt on their say-so alone; are you sure of that?

I suspect they can lodge a no-payment in the way they lodge late payments. The credit agencies provide a score which reflects your payment history, not just CCJ’s. It’s for you then to provide evidence to the agency that your payment history is wrong, not them having to prove their records are correct.