Car parking fine - None council

[jonamv8]

I was always told to and have on a couple of occasions not paid these. I've paid numerous council ones tho :-)

A friend has been ignoring one for ages from some 'parking' enforcement firm. they have gone legal and cited Beavis VS Parking Eye

Have things changed?

Any legal eagles about. My friend is not clued up on these matters, not sure what to do and doesn't have loads of money so I'm trying to assist her with some advice.

[DJMC]

Tell him to look at: http://forums.pepipoo.com

Worked for me. Fine scrapped. Compensation from enforcement company for breaching DPA.

[jonamv8]

DJMC said:

Tell him to look at: http://forums.pepipoo.com

Worked for me. Fine scrapped. Compensation from enforcement company for breaching DPA.

Thanks - it's a she and I'm struggling already on that forum :-)

DPA - Data Protection Agency I presume?

Could you be a little more specific as to what your grounds were?

Thanks - she and I both appreciate any advice given here. It's £160 she could spend on much better things

[captain_cynic]

jonamv8 said:

Thanks - it's a she and I'm struggling already on that forum :-)

DPA - Data Protection Agency I presume?

Data Protection Act... and it's quite specific about giving out personally identifiable information.

[jonamv8]

So should she ignore or write back stating some defence under the DPA then?

Thanks again all

[Europa1]

Depending on how much they're claiming, I'd be wary about ignoring the letters.

Parking Eye Ltd v Beavis was a 2015 case, and was concerned with the level of the charge imposed - ie was it in fact a penalty, and therefore unenforceable, or was it an unfair contract term, and therefore unenforceable. The fact that by parking on the land in question Beavis had entered into a contract to park there doesn't seem to have been in dispute. The £85 was held to have been a charge for breaking the terms of the contract.

The Supreme Court held the charge was enforceable.

Beavis had ignored the letters from the parking company. The parking company issued proceedings in the County Court to recover the £85 charge. Beavis ran his penalty and unfair contract term defences. Beavis lost. Beavis appealed to the Court of Appeal on the basis of his penalty and unfair contract term arguments. Beavis lost. Beavis appealed to the Supreme Court with the same arguments. Beavis lost.

Your friend should check the signage at the car park to see how prominent it is.

[jonamv8]

Europa1 said:

Depending on how much they're claiming, I'd be wary about ignoring the letters.

Parking Eye Ltd v Beavis was a 2015 case, and was concerned with the level of the charge imposed - ie was it in fact a penalty, and therefore unenforceable, or was it an unfair contract term, and therefore unenforceable. The fact that by parking on the land in question Beavis had entered into a contract to park there doesn't seem to have been in dispute. The £85 was held to have been a charge for breaking the terms of the contract.

The Supreme Court held the charge was enforceable.

Beavis had ignored the letters from the parking company. The parking company issued proceedings in the County Court to recover the £85 charge. Beavis ran his penalty and unfair contract term defences. Beavis lost. Beavis appealed to the Court of Appeal on the basis of his penalty and unfair contract term arguments. Beavis lost. Beavis appealed to the Supreme Court with the same arguments. Beavis lost.

Your friend should check the signage at the car park to see how prominent it is.

Thanks Europa 1 for this. Will pass on the advice

[DJMC]

jonamv8 said:

Thanks - it's a she and I'm struggling already on that forum :-)

DPA - Data Protection Agency I presume?

Could you be a little more specific as to what your grounds were?

Thanks - she and I both appreciate any advice given here. It's £160 she could spend on much better things

Sorry, I'm under a non-disclosure agreement with the parking company due to the compensation received.

It does take time to sift through all the online advice. You have to find an easily identifiable loophole which should nag away at you. If she was simply illegally parked, pay the fine.