Challenging a Private Car Park "PCN"
Discussion
My wife went shopping to a retail park and spent a sizeable amount of cash. However, she was unaware that there was a 3 hour maximum time limit on the parking in the park and she has now received a "PCN" from "Parking Eye" for her patronage.
I'm a little dubious about whether they actually have a legal right to claim the "fine" they are asking for and will do some reading around it.
However, I'd be grateful for some advice from anyone who has actually challenged something like this.
Here's the PCN!
This appear to be the general consensus and my understanding...
http://www.youtube.com/watch?v=XAIcdi9niHA
I'm a little dubious about whether they actually have a legal right to claim the "fine" they are asking for and will do some reading around it.
However, I'd be grateful for some advice from anyone who has actually challenged something like this.
Here's the PCN!
This appear to be the general consensus and my understanding...
http://www.youtube.com/watch?v=XAIcdi9niHA
Edited by AdvocatusD on Saturday 7th January 12:41
They may also send you quite a few "threat" letters, from themselves and their so-called solicitors, with all sorts of nonsence on them, but bin them too.
If you enter into any communications with them they will know they have you hooked and will apply more pressure for longer. Best not to start in the first place.
Plently of info around the net and on here.
If you enter into any communications with them they will know they have you hooked and will apply more pressure for longer. Best not to start in the first place.
Plently of info around the net and on here.
Parking Eye started operating in a retail park near us but it was quickly abandoned after huge numbers of compliants to store managers. Also the on-site restaurants were really being hit as people stopped going for something to eat as part of their shopping 'day out'.
A friend of ours got a ticket and got three levels of chase, the last one threatening court action, and ignored them all and heard nothing more about it.
A friend of ours got a ticket and got three levels of chase, the last one threatening court action, and ignored them all and heard nothing more about it.
The terms and conditions of parking at Brent Cross are quite specific:
Surely it is only commonsense to make a mental note of the time limit when using a car park such as this?
No doubt it won't be long before barriers are installed and people who haven't paid for previously overstaying their permitted time will find that the barriers won't open.... Perhaps the Penalty Charge Notice should state that failure to pay will result in the vehicle being refused entry on future occasions?
Cue a flood of people claiming that they didn't know who was driving the vehicle.....
"I'll take my custom elsewhere!" Oh you will, will you? Fine - please do so!
However, if the Penalty Charge was set at a more reasonable level, for example £10 for up to 20 min over the limit, £40 for 20-60 min over and £60 for more than 60 min, perhaps there'd be less people whining about having to pay a penalty for overstaying, or trying to find excuses to avoid paying.
Surely it is only commonsense to make a mental note of the time limit when using a car park such as this?
No doubt it won't be long before barriers are installed and people who haven't paid for previously overstaying their permitted time will find that the barriers won't open.... Perhaps the Penalty Charge Notice should state that failure to pay will result in the vehicle being refused entry on future occasions?
Cue a flood of people claiming that they didn't know who was driving the vehicle.....
"I'll take my custom elsewhere!" Oh you will, will you? Fine - please do so!
However, if the Penalty Charge was set at a more reasonable level, for example £10 for up to 20 min over the limit, £40 for 20-60 min over and £60 for more than 60 min, perhaps there'd be less people whining about having to pay a penalty for overstaying, or trying to find excuses to avoid paying.
Edited by nickwilcock on Saturday 7th January 13:32
nickwilcock said:
The terms and conditions of parking at Brent Cross are quite specific:
Surely it is only commonsense to make a mental note of the time limit when using a car park such as this?
No doubt it won't be long before barriers are installed and people who haven't paid for previously overstaying their permitted time will find that the barriers won't open.... Perhaps the Penalty Charge Notice should state that failure to pay will result in the vehicle being refused entry on future occasions?
Cue a flood of people claiming that they didn't know who was driving the vehicle.....
"I'll take my custom elsewhere!" Oh you will, will you? Fine - please do so!
However, if the Penalty Charge was set at a more reasonable level, for example £10 for up to 20 min over the limit, £40 for 20-60 min over and £60 for more than 60 min, perhaps there'd be less people whining about having to pay a penalty for overstaying, or trying to find excuses to avoid paying.
I'm sure all the retailers at the park would be happy with the attitude of "take your custom elsewhere" for staying 33 minutes over the 3 hour limit, when spending a large sum of money.Surely it is only commonsense to make a mental note of the time limit when using a car park such as this?
No doubt it won't be long before barriers are installed and people who haven't paid for previously overstaying their permitted time will find that the barriers won't open.... Perhaps the Penalty Charge Notice should state that failure to pay will result in the vehicle being refused entry on future occasions?
Cue a flood of people claiming that they didn't know who was driving the vehicle.....
"I'll take my custom elsewhere!" Oh you will, will you? Fine - please do so!
However, if the Penalty Charge was set at a more reasonable level, for example £10 for up to 20 min over the limit, £40 for 20-60 min over and £60 for more than 60 min, perhaps there'd be less people whining about having to pay a penalty for overstaying, or trying to find excuses to avoid paying.
Edited by nickwilcock on Saturday 7th January 13:32
As above file WPB and do NOT respond to the deluge that will accompany
Current [position:
http://www.tinyurl.com/2hr37d
http://www.tinyurl.com/1ewaow
Things will change later this year when new act to come into force allowing them to chase the Reg Keeper for such infringements.
dvd
Current [position:
http://www.tinyurl.com/2hr37d
http://www.tinyurl.com/1ewaow
Things will change later this year when new act to come into force allowing them to chase the Reg Keeper for such infringements.
dvd
Nyphur said:
I'm sure all the retailers at the park would be happy with the attitude of "take your custom elsewhere" for staying 33 minutes over the 3 hour limit, when spending a large sum of money.
Depends really - is Brent South Retail Park somewhere where people park and then walk to somewhere else? I don't know the area, but do they, say, walk across to Brent Cross to save having to pay to park?If that's the case then the retailers might be glad of removing cars choking up the car park all day.
That was the issue on the Chester one they started operating in - what looks like one retail park is in fact two separate parks. So people park in the smaller one, visit a few shops then walk to the bigger one. It's stupidly designed - they're back to back and should be separated but there's a service road linking them.
However when people started to complain, it was affecting shops and restaurants in both parks, I think that's why the scheme was rapidly dumped.
Edited by Deva Link on Saturday 7th January 18:21
Dwight VanDriver said:
Things will change later this year when new act to come into force allowing them to chase the Reg Keeper for such infringements.
I can't imagine why they won't pursue these things aggressively once that happens. The only defence could be that the charge is unreasonable. Perhaps sending them a few pounds in full & final settlement would be enough to cause any Judge to be annoyed with the parking company if they continued to pursue.A search on "PCN" here will turn up (probably) hundreds of posts on this topic ... all giving the same good advice (with a few giving bad advice). The good advice is to ignore it and all subsequent threats.
For a laugh - if it's still available - search for "Streaky's letter".
Streaky
PS - Well, no-one else was blowing my trumpet -
S
For a laugh - if it's still available - search for "Streaky's letter".
Streaky
PS - Well, no-one else was blowing my trumpet -
SEdited by streaky on Sunday 8th January 19:49
nickwilcock said:
The terms and conditions of parking at Brent Cross are quite specific:
Surely it is only commonsense to make a mental note of the time limit when using a car park such as this?
No doubt it won't be long before barriers are installed and people who haven't paid for previously overstaying their permitted time will find that the barriers won't open.... Perhaps the Penalty Charge Notice should state that failure to pay will result in the vehicle being refused entry on future occasions?
Cue a flood of people claiming that they didn't know who was driving the vehicle.....
"I'll take my custom elsewhere!" Oh you will, will you? Fine - please do so!
However, if the Penalty Charge was set at a more reasonable level, for example £10 for up to 20 min over the limit, £40 for 20-60 min over and £60 for more than 60 min, perhaps there'd be less people whining about having to pay a penalty for overstaying, or trying to find excuses to avoid paying.
Private companies are not allowed to 'fine' people or impose a 'penalty' it is a civil dispute where they can claim losses from your over stay (in this case £0, as its a free car park). Hence why they are parking charge notices not penalty charge notices and the signs should not mention fines. Surely it is only commonsense to make a mental note of the time limit when using a car park such as this?
No doubt it won't be long before barriers are installed and people who haven't paid for previously overstaying their permitted time will find that the barriers won't open.... Perhaps the Penalty Charge Notice should state that failure to pay will result in the vehicle being refused entry on future occasions?
Cue a flood of people claiming that they didn't know who was driving the vehicle.....
"I'll take my custom elsewhere!" Oh you will, will you? Fine - please do so!
However, if the Penalty Charge was set at a more reasonable level, for example £10 for up to 20 min over the limit, £40 for 20-60 min over and £60 for more than 60 min, perhaps there'd be less people whining about having to pay a penalty for overstaying, or trying to find excuses to avoid paying.
Edited by nickwilcock on Saturday 7th January 13:32
Ignore ,but keep the letter as a proof .You might might like to record how this was placed on screen - stuck on - what did it cost you to get windscreen cleaned -under wiper - did you get main dealer to certify wipers were not compromised by the actions of the illegal action . All chargeable back to the parking company .
All possibly due to an act of negligance by the parking company in educating their employees ??
All possibly due to an act of negligance by the parking company in educating their employees ??
nickwilcock said:
The terms and conditions of parking at Brent Cross are quite specific:
Surely it is only commonsense to make a mental note of the time limit when using a car park such as this?
No doubt it won't be long before barriers are installed and people who haven't paid for previously overstaying their permitted time will find that the barriers won't open.... Perhaps the Penalty Charge Notice should state that failure to pay will result in the vehicle being refused entry on future occasions?
Cue a flood of people claiming that they didn't know who was driving the vehicle.....
"I'll take my custom elsewhere!" Oh you will, will you? Fine - please do so!
However, if the Penalty Charge was set at a more reasonable level, for example £10 for up to 20 min over the limit, £40 for 20-60 min over and £60 for more than 60 min, perhaps there'd be less people whining about having to pay a penalty for overstaying, or trying to find excuses to avoid paying.
Private companies cannot apply ' PENALTY charges ' in private car parks ; they can only present unenforceable invoices .Surely it is only commonsense to make a mental note of the time limit when using a car park such as this?
No doubt it won't be long before barriers are installed and people who haven't paid for previously overstaying their permitted time will find that the barriers won't open.... Perhaps the Penalty Charge Notice should state that failure to pay will result in the vehicle being refused entry on future occasions?
Cue a flood of people claiming that they didn't know who was driving the vehicle.....
"I'll take my custom elsewhere!" Oh you will, will you? Fine - please do so!
However, if the Penalty Charge was set at a more reasonable level, for example £10 for up to 20 min over the limit, £40 for 20-60 min over and £60 for more than 60 min, perhaps there'd be less people whining about having to pay a penalty for overstaying, or trying to find excuses to avoid paying.
Edited by nickwilcock on Saturday 7th January 13:32
Here in Scotland , signs stating nonsense along the lines of ' by parking you agree to our terms and conditions ' are meaningless under Scots law .
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