Ridiculous Parking "Fine" With No Ticket
Ridiculous Parking "Fine" With No Ticket
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Adz The Rat

Original Poster:

18,975 posts

239 months

Wednesday 7th June 2017
quotequote all
Usual story, girlfriend parked her car in some spaces outside shops and when she returned a passer-by told her someone had been taking photos of it.

This letter arrived a while later demanding £160. It mentions a PCN was sent and ignored. We received no such thing. Ive googled the company and it seems that is a common occurrence.

It was a free carpark requiring no tickets or payment, so my question is, do they have a case for demanding £160??


Stoofa

959 posts

198 months

Wednesday 7th June 2017
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To Pepipoo.
You'll be told a number of times here to simply ignore it. Whereas that might be the case, I'd get the opinion of those guys before you follow that option.

Vipers

33,514 posts

258 months

Wednesday 7th June 2017
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If everything you say is true and above board, obviously not applicable, I would take photos of said space, and all accompanying posters etc.

Then report them for blackmail. Which it sounds like to me.

TooMany2cvs

29,008 posts

156 months

Wednesday 7th June 2017
quotequote all
Vipers said:
If everything you say is true and above board, obviously not applicable, I would take photos of said space, and all accompanying posters etc.
Especially any saying that the space is for disabled badgeholders only, since the letter says "Parking event: No valid disabled badge on display"

It was the car park for here, I assume?
https://goo.gl/maps/ZHoBgCRJxyq

Is she absolutely, definitely, 100%, hand-on-heart positive that she wasn't in a disabled bay...? And that the photos couldn't possibly show otherwise...?

Adz The Rat

Original Poster:

18,975 posts

239 months

Wednesday 7th June 2017
quotequote all
TooMany2cvs said:
Especially any saying that the space is for disabled badgeholders only, since the letter says "Parking event: No valid disabled badge on display"

It was the car park for here, I assume?
https://goo.gl/maps/ZHoBgCRJxyq

Is she absolutely, definitely, 100%, hand-on-heart positive that she wasn't in a disabled bay...? And that the photos couldn't possibly show otherwise...?
Thats the right place, Ive just been looking at the same view on Google Maps.

Im going to check tonight what signage is there.

TooMany2cvs

29,008 posts

156 months

Wednesday 7th June 2017
quotequote all
Adz The Rat said:
Im going to check tonight what signage is there.
I'll bet the one by the chimney, at the roundabout as you go in, is rather relevant.

Make sure you know EXACTLY which bay she was parked in... Can't see what's behind the Tesco, but there seem to be plenty of big signs in the parking areas to the right of the roundabout.

Edited by TooMany2cvs on Wednesday 7th June 16:12

Adz The Rat

Original Poster:

18,975 posts

239 months

Wednesday 7th June 2017
quotequote all
TooMany2cvs said:
I'll bet the one by the chimney, at the roundabout as you go in, is rather relevant.

Make sure you know EXACTLY which bay she was parked in... Can't see what's behind the Tesco, but there seem to be plenty of big signs in the parking areas to the right of the roundabout.

Edited by TooMany2cvs on Wednesday 7th June 16:12
You would be correct, there are spaces there. Its a long time since Ive been so Im not sure on signage so I will go check before starting any appeal.

Thanks.

silverfoxcc

8,470 posts

175 months

Wednesday 7th June 2017
quotequote all
As per stoofa

If the site where she parked is local take pics of any signs and then do the following TO THE LETTER


DO NOT in any way contact the sender of the letter

log on to pepipoo.com and put this in the private parking and clamping forum

Write up EXACTLY what has happened but DONT say who was driving .

it is ALWAYS 'the DRIVER DID THIS' the DRIVER SAW THAT, etc
and once they have a name you have less of a bargaining position.
REMEMBER you are under NO LEGAL requirement to tell them who was driving at anytime, despite what they claim, only the police have this power


The only time this does not apply if it is a lease or hire car then get on to pepipoo and ask for the correct procedure as the company may just pay it and then invoice YOU,



Put up the letter on the log with all identifying parts redacted

Tell the guys EXACTLY what has happened, and if they ask any questions answer them truthfully and dont fudge anything.

Do EXACTLY what they tell you to do, and you wont have to pay a penny in most cases

The other way is Pay these rapacious firms the money

It is your choice. Bear in mind that most of these firms used to do the clamping before it was outlawed, so they want the money anyway they can

Also ignore all let,the guys who know what what to do are Gan,Lynnzer , Schoolrunmum, the rookie, hcanderson ,in fact anyone with a large posting total

And keep us informed on what happens

The more people who are told that these are just 'invoices' and not Fines, only Courts and Councils can levy fines

I am all for parking charges but not how these guys do it


Best Wishes
And if you want a good example of what they get up to look at the threads on the airports at Newcastle Liverpool and East Midlands. a good read

HantsRat

2,409 posts

138 months

Wednesday 7th June 2017
quotequote all
silverfoxcc said:
As per stoofa

REMEMBER you are under NO LEGAL requirement to tell them who was driving at anytime, despite what they claim, only the police have this power
True however they can now pursue the registered keeper of the vehicle who is accountable.

Solocle

4,212 posts

114 months

Wednesday 7th June 2017
quotequote all
In that letter they claim that a PCN was issued, which you state that it wasn't. They then base their "too late to challenge" on that.

Adz The Rat

Original Poster:

18,975 posts

239 months

Wednesday 7th June 2017
quotequote all
silverfoxcc said:
Helpful stuff
Very helpful everyone so far, thanks.

Posted on Peppipoo.

S11Steve

6,389 posts

214 months

Wednesday 7th June 2017
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If they are relying on POFA 2012 to hold the keeper liable, they are stuffed - that's not a Notice to keeper, and from my many previous conversations with UCS, they are very easy to tie in knots.

Personally, I'd send a very succinct letter back to them asking if they are relying on POFA 2012 for keeper liability and await their response. They are already timed out for holding the keeper liable, and I know also that they work on a "send more letters and hope it gets paid" business model.


Adz The Rat

Original Poster:

18,975 posts

239 months

Wednesday 7th June 2017
quotequote all
S11Steve said:
If they are relying on POFA 2012 to hold the keeper liable, they are stuffed - that's not a Notice to keeper, and from my many previous conversations with UCS, they are very easy to tie in knots.

Personally, I'd send a very succinct letter back to them asking if they are relying on POFA 2012 for keeper liability and await their response. They are already timed out for holding the keeper liable, and I know also that they work on a "send more letters and hope it gets paid" business model.
Pretty much what Peppioo said too, thanks.

"I am the registered keeper of vehicle xxxxx. Reference to your letter reference xxxxxx dated 18/05/2017, which is the first notification I have received. There can be no keeper liability for the parking event mentioned as there has been a failure to conform to the requirements of POFA, namely, but not limited to, delivering the Notice to Keeper to the keeper within 14 days. The Notice has been passed to the driver for action but I will not be naming the driver as there is no legal requirement to do so. I do not expect to hear from you again, except to confirm, within 21 days, that you have removed my details from your records. Take this as a request under section 10 of the DPA."

Will get it off tomorrow.

Sebring440

3,223 posts

126 months

Wednesday 7th June 2017
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Now, hand on heart, did she park in a disabled bay (and she's not disabled)?

Adz The Rat

Original Poster:

18,975 posts

239 months

Thursday 8th June 2017
quotequote all
Sebring440 said:
Now, hand on heart, did she park in a disabled bay (and she's not disabled)?
Yes. I know, no sympathy from me either. But I don't think it warrants shelling out £160.

TooMany2cvs

29,008 posts

156 months

Thursday 8th June 2017
quotequote all
Adz The Rat said:
Sebring440 said:
Now, hand on heart, did she park in a disabled bay (and she's not disabled)?
Yes. I know, no sympathy from me either. But I don't think it warrants shelling out £160.
So, basically, it's bang to rights, and the photos WILL show that she was in a disabled bay.

I wonder if the photos will also show the penalty on the windscreen...

HantsRat

2,409 posts

138 months

Thursday 8th June 2017
quotequote all
Adz The Rat said:
Yes. I know, no sympathy from me either. But I don't think it warrants shelling out £160.
rolleyes

Adz The Rat

Original Poster:

18,975 posts

239 months

Thursday 8th June 2017
quotequote all
TooMany2cvs said:
So, basically, it's bang to rights, and the photos WILL show that she was in a disabled bay.

I wonder if the photos will also show the penalty on the windscreen...
Nothing left on the windscreen at all.

And the point still stands, can they charge a £160 "fine" for not displaying a badge?

HantsRat

2,409 posts

138 months

Thursday 8th June 2017
quotequote all
Adz The Rat said:
Nothing left on the windscreen at all.

And the point still stands, can they charge a £160 "fine" for not displaying a badge?
If their terms state you must display a disabled badge to park in a disabled bay then yes their charge/invoice stands. It will probably mention this on the signs in the car park.

Adz The Rat

Original Poster:

18,975 posts

239 months

Thursday 8th June 2017
quotequote all
HantsRat said:
If their terms state you must display a disabled badge to park in a disabled bay then yes their charge/invoice stands. It will probably mention this on the signs in the car park.
Even though its a free car park and no loss has been made?

I understand its not the done thing to park in a disabled space without a badge so no need for the rolling eyes, Im just asking in a legal sense if this stands?