Parking Charge -
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ColinM50

Original Poster:

2,699 posts

205 months

Saturday 29th July 2017
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Got a parking charge notice from Britannia Parking through the post on Thursday, first we'd heard of it, saying we'd parked in a local supermarket car park and failed to make a valid payment. NO parking notice or ticket was stuck on the car at the time of the alleged offence.

It would seem that they can just make this up. Yes there's a photo of the front and back of my car but no proof of if it was parked or when this occurred.

Now I'm not being holier than thou, but this is my wife's car and she is fanatical about paying parking fees since I got a parking fine a few years ago. She even pays in car parks late in the evening "just to be on the safe side" and she's vehemently convinced that she just wouldn't do it. I'm also a town councillor in this town and I just know she wouldn't have not paid.

Also spoke to the local council and they say they've heard of a few scams re parking tickets but since this was a private car park can't get involved.

Anyone any suggestions please

condor

8,837 posts

278 months

Saturday 29th July 2017
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Did your wife go into the local supermarket and make a purchase?

Our local Lidl has just installed 'customer parking' type monitors after the check out, where you have to scan your receipt barcode and type in your reg no.

PurpleMoonlight

22,362 posts

187 months

Saturday 29th July 2017
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Does it really not state when the alleged contravention occurred?

silverfoxcc

8,469 posts

175 months

Saturday 29th July 2017
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LOg onto pepipoo.com snd put this in the private parking and clamping thread

AND be totally honest, and when putting up the original post on there DO NOT give an inkling as to who was driving..

JUst the driver did this
The driver saw that

The PPC only wants your money and will go to any lengths..Threatograms etc. The guys at pepipoo will help you not pay them a penny if possible

So the choice is yours send someone 60/100 for a speculative invoice, or try and keep in in your pocket and treat the OH a good meal

MikeGoodwin

3,905 posts

147 months

Saturday 29th July 2017
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Glad people are getting wise to this scam. Are they under the BPA or IPC that's your first problem.

Mrr T

15,473 posts

295 months

Sunday 30th July 2017
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ColinM50 said:
Got a parking charge notice from Britannia Parking through the post on Thursday, first we'd heard of it, saying we'd parked in a local supermarket car park and failed to make a valid payment. NO parking notice or ticket was stuck on the car at the time of the alleged offence.

It would seem that they can just make this up. Yes there's a photo of the front and back of my car but no proof of if it was parked or when this occurred.

Now I'm not being holier than thou, but this is my wife's car and she is fanatical about paying parking fees since I got a parking fine a few years ago. She even pays in car parks late in the evening "just to be on the safe side" and she's vehemently convinced that she just wouldn't do it. I'm also a town councillor in this town and I just know she wouldn't have not paid.

Also spoke to the local council and they say they've heard of a few scams re parking tickets but since this was a private car park can't get involved.

Anyone any suggestions please
You can find out a lot of what you need from pepipoo, the money saving expert thread and parking prankster.

However, the sites can confuse because there are a number of different circumstances in which you can win a PCN.

Happy to help with guidence.

First you need to understand some facts.

1. Parking on private land operated by a PC is covered by contract law. What you have received is an invoice.
2. The PC will have cameras and have taken pictures as the car entered and exited the parking.
3. Since the PC do not know who the driver is they cannot purse them for payment (see comment below).
4. The PC have obtained the registered keeper from the DVLA and sent them the invoice. The RF can be liable for the invoice but for that to happen the invoice must by statute contain specific details.

So if you want to fight the invoice your first step is to appeal the invoice to the PC. At this stage you can just appeal on one issue. Based on your disruption of the invoice it clearly does not meet the requirements for RK liability. One of the web sites above will have examples of appeals on this basis. Do not in any circumstances say who was driving.

Send off in the time limit by recorded posting (it's free).

The appeal will be rejected. You will then be offered the option to appeal to an "independent" company. Revisit then and we can agree the step.

The other thing worth doing now is to revisit the car park and take pictures of the notices and make a plan.

Two other points.
1. This PC will tell you the can enforce an invoice against the RK on the assumption they where the driver. They have lost in court every time it has been challenged.
2. You will get lots of demands for payment of the invoice from debt collectors. You can bin these.

Pica-Pica

16,629 posts

114 months

Sunday 30th July 2017
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No such thing as recorded posting. It is proof of posting. You can also go for 'signed for', but these are usually PO Box numbers, and you will not get a signature there.

andy101093

296 posts

118 months

Sunday 30th July 2017
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Private parking charges aren't worth the paper they're written on. Just ignore it and go on with your life. You will continue to receive demand letters, even given opportunities to 'pay now at reduced rate', then you will receive threats of court action where they cite some "landmark" case where a private parking company successfully won in court (one in a million chance).

These letters will continue for 6 months, maybe even a hear. These companies eventually give up (probably after spending more than the fine's value in letters, postage costs, payment to the DVLA to access registered keeper information). Just continue to throw them straight into the bin (you'll begin to recognise who the letter is from and just throw it away without a thought).

Job done. Don't stress about it and don't pay any fines.

Edited by andy101093 on Sunday 30th July 17:59

Thermobaric

725 posts

150 months

Sunday 30th July 2017
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andy101093 said:
Private parking charges aren't worth the paper they're written on. Just ignore it and go on with your life. You will continue to receive demand letters, even given opportunities to 'pay now at reduced rate', then you will receive threats of court action where they cite some "landmark" case where a private parking company successfully won in court. These letters will continue for 6 months, maybe even a year. Just continue to throw them straight into the bin (you'll begin to recognise who the letter is from and just throw it away without a thought).

Job done. Don't stress about it and don't pay any fines.
Terrible, terrible advice.

Play the game. Get on Pepipoo. Do the appeals, jump through their hoops, allow the tossers to screw themselves over.

There is a very real, possible threat of them taking you to court, however unlikely. Allow them to take that off the table due to their ineptitude.

Nickyboy

6,825 posts

264 months

Sunday 30th July 2017
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You know a lot of places have ANPR now and registrations are logged automatically and matched with payments from machines when you input your registration? No tickets get issued in person, they're issued when the times/charges don't tally up. The car park in town works on this basis

Cliftonite

8,747 posts

168 months

Sunday 30th July 2017
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andy101093 said:
Private parking charges aren't worth the paper they're written on. Just ignore it and go on with your life. You will continue to receive demand letters, even given opportunities to 'pay now at reduced rate', then you will receive threats of court action where they cite some "landmark" case where a private parking company successfully won in court (one in a million chance).

These letters will continue for 6 months, maybe even a hear. These companies eventually give up (probably after spending more than the fine's value in letters, postage costs, payment to the DVLA to access registered keeper information). Just continue to throw them straight into the bin (you'll begin to recognise who the letter is from and just throw it away without a thought).

Job done. Don't stress about it and don't pay any fines.

Edited by andy101093 on Sunday 30th July 17:59
Times (and legislation) have changed somewhat since that was sound advice. Do keep up!

judge






andy101093

296 posts

118 months

Sunday 30th July 2017
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Cliftonite said:
Times (and legislation) have changed somewhat since that was sound advice. Do keep up!

judge
How recently are we talking? Less than 1 year ago? If so then by all means, ignore my advice.

If not then I stand by my point. These companies are just scare mongerers who have no interest in taking you to court.


Edited by andy101093 on Sunday 30th July 18:32

SS2.

14,712 posts

268 months

Sunday 30th July 2017
quotequote all
andy101093 said:
How recently are we talking? Less than 1 year ago? If so then by all means, ignore my advice.

If not then I stand by my point. These companies are just scare mongerers who have no interest in taking you to court.
Have you heard of Barry Beavis ?

Mrr T

15,473 posts

295 months

Monday 31st July 2017
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andy101093 said:
Cliftonite said:
Times (and legislation) have changed somewhat since that was sound advice. Do keep up!

judge
How recently are we talking? Less than 1 year ago? If so then by all means, ignore my advice.

If not then I stand by my point. These companies are just scare mongerers who have no interest in taking you to court.


Edited by andy101093 on Sunday 30th July 18:32
The poster is correct if the invoice relates to parking in Scotland or N Ireland. For an invoice for parking in the UK the law changed in Oct 2012. Since then you must respond to invoices or risk a default judgment in court which can cost a lot of money in to overturn.

Currently PC are taking 100's to court every week.

So to repeat. DO NOT IGNORE (in England and Wales).

The Mad Monk

11,526 posts

147 months

Monday 31st July 2017
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ColinM50 said:
I'm also a town councillor in this town and I just know she wouldn't have not paid.

What is the connection between the two comments/assertions? Please explain the double negative.

pavarotti1980

6,350 posts

114 months

Monday 31st July 2017
quotequote all
andy101093 said:
How recently are we talking? Less than 1 year ago? If so then by all means, ignore my advice.

If not then I stand by my point. These companies are just scare mongerers who have no interest in taking you to court.


Edited by andy101093 on Sunday 30th July 18:32
2012 mate with the introduction of POFA legislation

andy101093

296 posts

118 months

Monday 31st July 2017
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Okay, well I've ignored my fair share of PPNs since 2012 and have not had any legal recourse. I guess it's a case of YMMV?

BertBert

21,284 posts

241 months

Monday 31st July 2017
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ColinM50 said:
It would seem that they can just make this up.
On the balance of probabilities from the info you have provided they are making it up much less than you are, town councillor or not. They have photos of the car coming and going and all you have is 'I'm a town councillor and I know she wouldn't have not paid'. It's just not that convincing an argument.
Bert


S11Steve

6,389 posts

214 months

Monday 31st July 2017
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First port of call should always be the shop you were at, if you were a genuine shopper. Show a receipt or credit/debit card statement and they will be able to cancel it.

Britannia are rubbish at POFA compliance - if it was ANPR they should send a letter within 14 days of the event, but tend to be 20-30 days afterwards. This alone is enough to get the keeper off the hook.

If the shop won't cancel, then Pepipoo will help.

HantsRat

2,409 posts

138 months

Monday 31st July 2017
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andy101093 said:
Okay, well I've ignored my fair share of PPNs since 2012 and have not had any legal recourse. I guess it's a case of YMMV?
"Fair share?"

I've never received a PPN in my life, do you just park like a c*ck everywhere?