Parking fine on private land - any advice?

[Jaguar steve]

Briefly - several months ago my daughter slightly overstayed the 2 hour parking time limit in a retail park. Due to a admin cock up with the carpark manangement company concerned and her forgetting to change her V5 details straight away when she moved as well there was a long delay in the management company concerned in making initial contact. She's also been badly advised to just ignore letters when they started to arrive and she's now told because of this she's lost her right to appeal, there is a CCJ in place against her and "action" will be taken to recover the £185 supposedly owed.

Admittedly she's in breach of contract by overstaying but If I'd found out earlier I'd have attempted to negotiate down to what's a reasonable sum based on similar local authority parking/overstay charges - providing of course there is actual proof of any losses to the management company in the first place.

Any advice? Cheers Chaps

[Lost soul]

Take a look at this

http://www.pistonheads.com/gassing/topic.asp?h=0&a...

[paintman]

Have a read through this.
https://www.gov.uk/county-court-judgments-ccj-for-...
Has she actually received a CCJ or just various letters threatening to take her to court and trying to frighten her by talking about debt collection agencies, bailiffs & the like?

[Mr Taxpayer]

Saw this earlier. A Law graduate is trying to start a case to challenge the 1.5 million of these invoices issued as they do not represent a true loss to the business. Could be the biggest class action in UK legal history.

http://www.telegraph.co.uk/finance/personalfinance...

www.challengethefine.com

Ignore means 'read, be aware of, don't respond to.' These compnaies, rarely go to court but if your daughter is one of the ones that has been summons then should have responded accordingly at the time. If the summons co-incides with her moving, then the best grounds for appeal would be that the compnay did not do enough to to ensure that it had the correct address - read the telegraph article, and thus she was denied the opportunity to defend herself in court.

[hornetrider]

paintman said:

Have a read through this.
https://www.gov.uk/county-court-judgments-ccj-for-...
Has she actually received a CCJ or just various letters threatening to take her to court and trying to frighten her by talking about debt collection agencies, bailiffs & the like?

This. Read the letters VERY carefully.

[Jaguar steve]

hornetrider said:

paintman said:

Have a read through this.
https://www.gov.uk/county-court-judgments-ccj-for-...
Has she actually received a CCJ or just various letters threatening to take her to court and trying to frighten her by talking about debt collection agencies, bailiffs & the like?

This. Read the letters VERY carefully.

She's not recieved a CCJ or summons or letters from the court but has she's recently been informed there is a CCJ against her now in favour of Parking bds but at the same time they are still requesting payment in full direct to them. Assumimg I'm correct - any payments on a CCJ have to be made via the court concerned and not direct to Parking bds - then I detect a strong whiff of bullst and will wait to see what happens next.

Cheers again Chaps

[PurpleMoonlight]

Judgement debts are paid direct to the creditor.

She should ask the PPC for proof of debt and check her credit file as it will show up there too if legitimate.

[Mr Taxpayer]

Have you asked them for the CCJ reference? What County Court was it issued and when?

[Countdown]

Who has informed her that there is a CCJ against her?

[Jaguar steve]

Countdown said:

Who has informed her that there is a CCJ against her?

Parking B'stards themselves. I've challenged them for proof before we go any further.

[caziques]

1. Get over to pepipoo.com
2. Apply to have the CCJ set aside

[Countdown]

Jaguar steve said:

Countdown said:

Who has informed her that there is a CCJ against her?

Parking B'stards themselves. I've challenged them for proof before we go any further.

Pound to a penny they're lying

[Chrisgr31]

Mr Taxpayer said:

Saw this earlier. A Law graduate is trying to start a case to challenge the 1.5 million of these invoices issued as they do not represent a true loss to the business. Could be the biggest class action in UK legal history.

And with any luck if the challenge is successful the government will then change the law. Whilst not agreeing with all the tactics of the parking enforcement companies I have in the past worked in property management. Parking was one of the biggest issues on all sites I managed. Tenants were always complaining about people parking in their spaces, or in service yards, unauthorised parking in car parks etc. In some places we had ticket machines or barriers and then spent an absolute fortune fixing them after they were broken/vandalised.

The true cost to the buisness should include the cost of enforcement, because otherwise all parking becomes a free for all and result will be chaos. We'll find huge number of posts on here from people complaining that they couldn't get parked here there and everywhere.

We only have to see how many threads there are on here from people seeking help with people parking in ther spaces to know what the problem is.

Yes there should be discretion for minor offences etc but that of course just adds to the cost of management.

If this action is successful then of course the option is for all car parks to dramatically increase there prices so that it becomes economical to operate parking enforcement.

Incidentially how come local authorities are allowed to charge significant sums for parking incorrectly?

[anonymous-user]

Mr Taxpayer said:

Saw this earlier. A Law graduate is trying to start a case to challenge the 1.5 million of these invoices issued as they do not represent a true loss to the business. Could be the biggest class action in UK legal history.

http://www.telegraph.co.uk/finance/personalfinance...

www.challengethefine.com

...

That bloke is just trying to make a profit. He was advertising in GG recently but his ad was binned. Biggest class action? Nonsense, there have been huge actions involving injuries and investments.

[Mr Taxpayer]

Chrisgr31 said:

Mr Taxpayer said:

Saw this earlier. A Law graduate is trying to start a case to challenge the 1.5 million of these invoices issued as they do not represent a true loss to the business. Could be the biggest class action in UK legal history.

Incidentially how come local authorities are allowed to charge significant sums for parking incorrectly?

Local authorities' parking rules are for the public highway and are thus potentially criminal offences because they are contraventions of various Road Traffic Acts. Councils have devolved powers to set and regulate them. Parking on private property is a civil matter and the 'fines' are in fact invoices for lost income.

I also agree that is nothing were done then in many areas it leads to a parking free-for-all.

[silverfoxcc]

As Above
Register on pepipoo
load all relevant corres with details redacted put up in chronological order what has happened and follow their advice TO THE LETTER

Listen to such posters as schoolrunmum,hcandersen, and Gan amongst others

99% sure they will get this sorted for you at no cost to you or your daughter

[austinsmirk]

Or just ignore. My wife's had two from parking eye. We ignored. I've had staff with loads. Just ignore. It's unenforceable

The trick is you panicking because you've had a scary letter. I bet 9/10 pay up.

Keep it but do not reply.

Legally they have to show loss. So tell me how do they do that ?

[PurpleMoonlight]

austinsmirk said:

Or just ignore. My wife's had two from parking eye. We ignored. I've had staff with loads. Just ignore. It's unenforceable

The trick is you panicking because you've had a scary letter. I bet 9/10 pay up.

Keep it but do not reply.

Legally they have to show loss. So tell me how do they do that ?

Did you miss the bit about the CCJ already obtained?