Parking tickets

[cotney]

Is the general consensus still that unless it is a council ticket, you can file it in the bin?

I've just made a genuine mistake, parked in a Waitrose car park, but didnt realise that the car park is actually split into two areas, one for Waitrose, one for a park and ride service.

Went in to Waitrose, came back 5 minutes later and found a ticket for £85!

I know that the law has recently changed regarding parking enforcement.

The ticket is issued by "Local parking enforcement limited"

Any ideas/info welcome.

[cotney]

Bump.

[streaky]

Is it a PENALTY Charge Notice or a PARKING Charge Notice?

Streaky

[TrafficRat]

Hmm,

As far as I am aware there is no legal obligation to pay a private company issuing parking fines, its a civil matter rather than a criminal matter. A Private parking ticket is issued when you obviously park in an obstructive manner within the parking lot, or park in such ways against the parking lots regulations.

Most people tend not to pay private parking tickets - The only way a payment could be legally forced as if the parking company take the matter to small claims court, however the charges of using the court are usually higher than the fine, So would be out of money either way.

However they can send notification of payments o your home address - a certain amount of these can only be sent in a certain time period - The government or British Parking Association can give more info on this if you wish to address it - Sending more than the limited amount of letters or contacting you personally breaches the rules of B.P.A, also can be deemed as Harassment - So is liable for two criminal offences.

If its a government issued fine, its a different matter.

The morale of my point. If you don't want to, don't pay it.

[10 Pence Short]

You should perhaps stop giving out 'advice' if you don't properly understand what you're advising about.

[caiss4]

If it's a private parking company then the current perceived wisdom is to appeal to the PPC who will undoubtedly reject the appeal and, if so, are required to give you a POPLA reference number to allow you to appeal to the so-called independent appeals panel.

The folk on pepipoo and MSE seem well-versed on how to handle these appeals so have a browse. Since the law changed last October and PPC's can now chase the registered keeper for the 'charge' ignoring is not necessarily the right option as some of the PPC's are quite busy issuing county court claims atm.

[cotney]

streaky said:

Is it a PENALTY Charge Notice or a PARKING Charge Notice?

Streaky

It says "Excess Charge Notice" on the front, but on the back in the small print it states "If you wish to appeal against this Parking Charge Notice..."

caiss4 said:

If it's a private parking company then the current perceived wisdom is to appeal to the PPC who will undoubtedly reject the appeal and, if so, are required to give you a POPLA reference number to allow you to appeal to the so-called independent appeals panel.

The folk on pepipoo and MSE seem well-versed on how to handle these appeals so have a browse. Since the law changed last October and PPC's can now chase the registered keeper for the 'charge' ignoring is not necessarily the right option as some of the PPC's are quite busy issuing county court claims atm.

Thanks, I have just been having a gander.

Slightly confused as the pepipoo advice for deciding what action to take, as driver and RK, suggests waiting 28 days until they send out a Keeper Liability Notice, and then appealing it as detailed in that letter from the PPC.

However, on the ticket, it states all appeals must be received within 14 days of the date of issue?

[Red Devil]

cotney said:

Thanks, I have just been having a gander.

Slightly confused as the pepipoo advice for deciding what action to take, as driver and RK, suggests waiting 28 days until they send out a Keeper Liability Notice, and then appealing it as detailed in that letter from the PPC.

However, on the ticket, it states all appeals must be received within 14 days of the date of issue?

The 14 days relates to the NtD (Notice to Driver) affixed to the car.
See PoFA 2012 Schedule 4 Section 7 paragraph (2)(d) plus paragraphs (5)(a) & (5)(b).

The 28 days relates to the NtK (Notice to Keeper). This cannot be sent out sooner than 28 days after the alleged contravention.
See PoFA 2012 Schedule 4 Section 8 paragraph (5).

The NtK has identical dispute resolution/appeal requirements.
See PoFA 2012 Schedule 4 Section 8 paragraph (2)(g) plus paragraphs (8)(a) & (8)(b).

The PPC has no way of knowing who the driver is. If you want to go down the POPLA route wait for the NtK and take from there,

In this case, where a single parking area is divided into separate sections with different functions, the clarity and positioning of signage will be crucial. Errors of that nature have proved to be an Achilles heel for PPCs in the past.

[cotney]

Red Devil said:

The 14 days relates to the NtD (Notice to Driver) affixed to the car.
See PoFA 2012 Schedule 4 Section 7 paragraph (2)(d) plus paragraphs (5)(a) & (5)(b).

The 28 days relates to the NtK (Notice to Keeper). This cannot be sent out sooner than 28 days after the alleged contravention.
See PoFA 2012 Schedule 4 Section 8 paragraph (5).

The NtK has identical dispute resolution/appeal requirements.
See PoFA 2012 Schedule 4 Section 8 paragraph (2)(g) plus paragraphs (8)(a) & (8)(b).

The PPC has no way of knowing who the driver is. If you want to go down the POPLA route wait for the NtK and take from there,

In this case, where a single parking area is divided into separate sections with different functions, the clarity and positioning of signage will be crucial. Errors of that nature have proved to be an Achilles heel for PPCs in the past.

Thanks for the clarification.

The signage thing seems to be the crux, but unfortunately I live over an hour away from the said car park, so I can't just go and take pictures of the signage to argue my point (I may as well pay the early charge as it would cost me near enough that amount in petrol to go back.) - I assume "I just didn't see the signs" is not enough of an excuse.

Can you appeal to POPLA solely on the basis that the charge is excessive, given that I have a photo of my car with the ticket, and an empty car park around it - the loss to the landowner was nil (But I would pay them an hour's ticket fee to correct my mistake).

The only other mitigation I have is that I have a receipt from the supermarket that I shopped in, timed 8 minutes after the parking charge notice, so clearly was in that supermarket at the time.

[bad company]

'Honest John' in the Telegraph advocates sending a cheque for say £10 in full and final settlement. This would cover thier loss (whatever the parking fee would have been) and any expenses.

If they do not accept this it is harder for them in Court.

Read this - http://www.honestjohn.co.uk/askhj/answer/34636/adv...

Edited by bad company on Tuesday 30th July 08:35

[cotney]

bad company said:

'Honest John' in the Telegraph advocates sending a cheque for say £10 in full and final settlement. This would cover thier loss (whatever the parking fee would have been) and any expenses.

If they do not accept this it is harder for them in Court.

Read this - http://www.honestjohn.co.uk/askhj/answer/34636/adv...

Edited by bad company on Tuesday 30th July 08:35

But do I send that addressed to the owners of the car park or the parking company?

[z4chris99]

just bin it. they get bored after a while and stop sending you letters

[bad company]

cotney said:

But do I send that addressed to the owners of the car park or the parking company?

Who does it say you should pay on the ticket?

[CB2152]

I have had 2 of these from a private company. My experience was that they will send tickets, then slightly more intimidating looking letters, then even more slightly intimidating looking letters, then get bored and go away.

In fact, that only happened with the first one. The second they gave up on after 3 tickets...

As I say, that is my experience, and the same seems to be true for a lot of others...

[Boosted LS1]

Are there any updates ion this? Do you bin or appeal?

[fatboy b]

I'm guessing this is Stratford Waitrose? I'm local so could pop over at the weekend at take a pic of the signs if you'd like, However, I'm firmly in the camp of doing nothing having ignored 2 in the last 21 months. They've not bothered me for a year now and were threatening court action.

[Stoofa]

Post over at Pepipoo - experts there seem infinitely more knowledgeable than the majority of those here.

[Landshark]

The thread is from last year!