Private Parking Extortion Letters
Private Parking Extortion Letters
Author
Discussion

otolith

Original Poster:

69,688 posts

235 months

Monday 24th March 2014
quotequote all
For "overstaying" at motorway services - can these still be safely filed in the round cabinet?

anonymous-user

85 months

Monday 24th March 2014
quotequote all
Just out of interest there are signs all over the services showing the charges and ways to pay for parking after the mandatory 2 hr free period.

Did you not see them ?
Do you think they need to be clearer?
Or did you think I can't be @rs@d paying.

Hackney

7,442 posts

239 months

Monday 24th March 2014
quotequote all
Usual stuff on quantifiable loss in a free car park.

Why were you there for over two hours?

Mr Gearchange

5,892 posts

237 months

Monday 24th March 2014
quotequote all
I believe the loophole that you could previously use to avoid payment got closed and now you have to cough up.

klingelton

70 posts

160 months

Monday 24th March 2014
quotequote all
kind of ridiculous. There are motorway signs telling you not to drive tired, yet you stop for a nap at a service station and you get busted for overstaying. file under b1n.

ferrariF50lover

1,834 posts

257 months

Monday 24th March 2014
quotequote all
Mr Gearchange said:
I believe the loophole that you could previously use to avoid payment got closed and now you have to cough up.
You believe wrongly.

Simon.

mybrainhurts

90,809 posts

286 months

Monday 24th March 2014
quotequote all
Mr Gearchange said:
I believe the loophole that you could previously use to avoid payment got closed and now you have to cough up.

Yes, clamping was banned recently, but these morons were pacified by Cameron who gave them the right to pursue the registered keeper for breach of contract, regardless of whether the registered keeper was driving the vehicle.

Absolutely outrageous, but we're now stuck with it.

otolith

Original Poster:

69,688 posts

235 months

Monday 24th March 2014
quotequote all
Wasn't me, BTW.

otolith

Original Poster:

69,688 posts

235 months

Monday 24th March 2014
quotequote all
speedyguy said:
Did you not see them ?
Do you think they need to be clearer?
Or did you think I can't be @rs@d paying.
The advice isn't for me - but to me the charge looks entirely out of proportion to any loss incurred.

anonymous-user

85 months

Monday 24th March 2014
quotequote all
klingelton said:
kind of ridiculous. There are motorway signs telling you not to drive tired, paid for by the MSA operators to get you to call in and spend money, yet you stop for a nap at a service station and you get busted for overstaying. file under b1n.
Fixed for you smile

Gov advice (for what it's worth? Ie not a lot) is 15 mins per 2 hours
https://www.gov.uk/government/publications/think-f...

Driver's meet up leaving their cars for the day whilst car sharing blocking up limited parking on older sites therefore preventing them being used for what was their primary purpose.

Whether you believe that now as they are all private is open to interpretation as the world has moved on.

mybrainhurts

90,809 posts

286 months

Monday 24th March 2014
quotequote all
otolith said:
Wasn't me, BTW.
That's what they all say....smile

cossy400

3,470 posts

215 months

Monday 24th March 2014
quotequote all
Mrs400 currently indispute with Euro carparks, her and the motherin law went shopping, did some shopping then decided to leave the car and walk to M&S for a brew.

Anyway in my car so I received the PCN and was going to file it but shes decided shes going to "question" them. (I despair)

Parking allowed for 3hrs according to the signs shes didn't see as they were "to high", but the PCN states she over stayed by 59 mins over the two and a half hr limit??

So shes appealing and questioning the difference in time allowed to stay etc, they ve replyed wanting to know if we were genuine shoppers and if so they would like receipts showing so.

We live in Derbyshire they were shopping in the Brookfield centre,Chesnut Herts, me wanting to add that I don't travel the country to park my car in a car park for 3 hrs and not spend money to the appeal were not welcomed by Mrs400.

We are now awaiting the reply.

Her Mother has already offered to pay for it but shes not having it.

Magic919

14,589 posts

232 months

Monday 24th March 2014
quotequote all
Worth appealing it to the issuing company, in my experience. They rolled over when I proved I was a customer at the business concerned.

They don't want you to take the appeal to POPLA, as they often lose those.

Cyberprog

2,326 posts

214 months

Monday 24th March 2014
quotequote all
cossy400 said:
Mrs400 currently indispute with Euro carparks, her and the motherin law went shopping, did some shopping then decided to leave the car and walk to M&S for a brew.

Anyway in my car so I received the PCN and was going to file it but shes decided shes going to "question" them. (I despair)

Parking allowed for 3hrs according to the signs shes didn't see as they were "to high", but the PCN states she over stayed by 59 mins over the two and a half hr limit??

So shes appealing and questioning the difference in time allowed to stay etc, they ve replyed wanting to know if we were genuine shoppers and if so they would like receipts showing so.

We live in Derbyshire they were shopping in the Brookfield centre,Chesnut Herts, me wanting to add that I don't travel the country to park my car in a car park for 3 hrs and not spend money to the appeal were not welcomed by Mrs400.

We are now awaiting the reply.

Her Mother has already offered to pay for it but shes not having it.
What was the delay between the time of the parking and the receipt of the latter to the keeper? Was there any notice affixed to the vehicle?

cossy400

3,470 posts

215 months

Monday 24th March 2014
quotequote all
Cyberprog said:
cossy400 said:
Mrs400 currently indispute with Euro carparks, her and the motherin law went shopping, did some shopping then decided to leave the car and walk to M&S for a brew.

Anyway in my car so I received the PCN and was going to file it but shes decided shes going to "question" them. (I despair)

Parking allowed for 3hrs according to the signs shes didn't see as they were "to high", but the PCN states she over stayed by 59 mins over the two and a half hr limit??

So shes appealing and questioning the difference in time allowed to stay etc, they ve replyed wanting to know if we were genuine shoppers and if so they would like receipts showing so.

We live in Derbyshire they were shopping in the Brookfield centre,Chesnut Herts, me wanting to add that I don't travel the country to park my car in a car park for 3 hrs and not spend money to the appeal were not welcomed by Mrs400.

We are now awaiting the reply.

Her Mother has already offered to pay for it but shes not having it.
What was the delay between the time of the parking and the receipt of the latter to the keeper? Was there any notice affixed to the vehicle?
No notice attached to the vehicle so must of been a camera job, and they were there on the Fri and the letter came the following Sat. (week and one day after)

They ve got a load of receipts between them that she has fired off guess we ll see.


Jezzerh

816 posts

153 months

Monday 24th March 2014
quotequote all
otolith said:
For "overstaying" at motorway services - can these still be safely filed in the round cabinet?
Have a gander on pepipoo.com they'll point you in the right direction.

Cyberprog

2,326 posts

214 months

Monday 24th March 2014
quotequote all
cossy400 said:
No notice attached to the vehicle so must of been a camera job, and they were there on the Fri and the letter came the following Sat. (week and one day after)

They ve got a load of receipts between them that she has fired off guess we ll see.
Ok, so within the time limits of the POFA. Your next step is to appeal to them, the grounds would be that the charges are not a genuine pre-estimate of loss, and state that if they do not accept the appeal on these grounds, that you would like a POPLA code. This costs them money you will be glad to know, and POPLA at the moment seems to be pretty good on GPEOL cases. Check round on the motoring forums, and look at the parking prankster's guide.

Same goes for the OP (sorry, thought you were!) - NTK needs to be with the Keeper within 14 days of the event.

fatboy b

9,666 posts

247 months

Monday 24th March 2014
quotequote all
Ignore it. You'll get a reminder, then a final reminder before legal action, then a copy of the unsubmitted court papers saying that these will be submitted in 14 days unless you pay. Hold your nerve, keep all the docs, but ignore. As it's a free car park, there is no loss to the land-owner, so it will never go to court and win.

mybrainhurts

90,809 posts

286 months

Monday 24th March 2014
quotequote all
fatboy b said:
Ignore it. You'll get a reminder, then a final reminder before legal action, then a copy of the unsubmitted court papers saying that these will be submitted in 14 days unless you pay. Hold your nerve, keep all the docs, but ignore. As it's a free car park, there is no loss to the land-owner, so it will never go to court and win.
You're missing the point. They base their claims on a contract you're deemed to have entered by using the car park, in which you agree to pay a fee after a specified time or a penalty if you don't pay the fee.

All they have to do is prove you were there too long and paid nothing, then they sue you for breach of contract, against which you have no defence.

By going to court, they can't lose.

God knows what happened to the old necessities for a valid contract, offer, acceptance and consideration.

Your advice was good before the law changed, because they didn't have the identity of the driver, so they had nobody to sue. It's different now, Cameron has given them the right to sue the registered keeper, even if that person wasn't driving.




Edited by mybrainhurts on Monday 24th March 22:21

HarryW

16,079 posts

300 months

Monday 24th March 2014
quotequote all
mybrainhurts said:
fatboy b said:
Ignore it. You'll get a reminder, then a final reminder before legal action, then a copy of the unsubmitted court papers saying that these will be submitted in 14 days unless you pay. Hold your nerve, keep all the docs, but ignore. As it's a free car park, there is no loss to the land-owner, so it will never go to court and win.
You're missing the point. They base their claims on a contract you're deemed to have entered by using the car park, in which you agree to pay a fee after a specified time or a penalty if you don't pay the fee.

All they have to do is prove you were there too long and paid nothing, then they sue you for breach of contract, against which you have no defence.

By going to court, they can't lose.

God knows what happened to the old necessities for a valid contract, offer, acceptance and consideration.
Valid contract is a good point, the only way they could reasonably make you enter into one is for you to go to a ticket machine that issues free 2 hour tickets and displays the contract there, a bit like some town centres do.