another private parking ticket.
Discussion
Hi guys, I have been reading on this site about how these private parking tickets aren't really valid. I received one this morning in a gated residence in Cardiff, from a company called Trustguard. It says it's a fixed penalty charge, has site info, patrol info, date, time, car reg, make and model on it and says it's being issued for parking on the roadway?!!? The fine is £80!!!
Ok, so from reading these forums and some other sites I have learned that;
1. The ticket is not for an offence, but for a breach of contract,
2. The contract is between the driver and the parking controller/land owner,
3. If, under contract law, a contract is broken, reasonable compensation is to be made- i.e. if you were supposed to pay £1 per hr and you stayed 3 you should pay the extra £2 and maybe an amount to cover the issue.
4. Even if they obtain the owner details, the registered keeper (if not the driver) does not have to say who was driving.
So, if I write to them and explain that "I" the registered keeper (I’m not it's my mum but would be in her name-she does know about it btw) found the ticket in the car and the driver could have been one of a number of people and I don't know which it could be, would they have to cancel the ticket?
I would also state that if contract terms are breached, then a reasonable fee is acceptable to cover the losses of revenue by the land owner, but as the parking is free then nothing has been lost and therefore a fee of £80 if excessive, and as they claim to operate under the administration of justice act 1970, that they are not allowed to harass people for money, but by putting a ticket on my car asking for £80 they are harassing me for money thus braking the law under the act?
I also know that in the U.K. you don't have to pay a fine unless you have been deemed to do so by a court of law. I know this doesn't apply to council issued parking tickets because the 1991 road traffic act overrules it. But as they haven't offered me a court appearance, they can't ask me to accept a fine?
I don't really just want to leave it and just ignore it, because they might go through their prosedures and take it to court-I'd rather that didn't happen and I'd prefer to send a letter and get them to say it's not going to be followed up, if not just for a piece of mind.
I would really appreciate your help on this as I really don't want to stress over it and I certainly don’t want to pay a ridiculous amount to some money grabbing company.
Many thanks. James
Ok, so from reading these forums and some other sites I have learned that;
1. The ticket is not for an offence, but for a breach of contract,
2. The contract is between the driver and the parking controller/land owner,
3. If, under contract law, a contract is broken, reasonable compensation is to be made- i.e. if you were supposed to pay £1 per hr and you stayed 3 you should pay the extra £2 and maybe an amount to cover the issue.
4. Even if they obtain the owner details, the registered keeper (if not the driver) does not have to say who was driving.
So, if I write to them and explain that "I" the registered keeper (I’m not it's my mum but would be in her name-she does know about it btw) found the ticket in the car and the driver could have been one of a number of people and I don't know which it could be, would they have to cancel the ticket?
I would also state that if contract terms are breached, then a reasonable fee is acceptable to cover the losses of revenue by the land owner, but as the parking is free then nothing has been lost and therefore a fee of £80 if excessive, and as they claim to operate under the administration of justice act 1970, that they are not allowed to harass people for money, but by putting a ticket on my car asking for £80 they are harassing me for money thus braking the law under the act?
I also know that in the U.K. you don't have to pay a fine unless you have been deemed to do so by a court of law. I know this doesn't apply to council issued parking tickets because the 1991 road traffic act overrules it. But as they haven't offered me a court appearance, they can't ask me to accept a fine?
I don't really just want to leave it and just ignore it, because they might go through their prosedures and take it to court-I'd rather that didn't happen and I'd prefer to send a letter and get them to say it's not going to be followed up, if not just for a piece of mind.
I would really appreciate your help on this as I really don't want to stress over it and I certainly don’t want to pay a ridiculous amount to some money grabbing company.
Many thanks. James
know what you mean! It's great around here - you'll grow to love it I'm sure!
ok thats good news. but just som i'm 100%, is there anyone with a legal backgound or experence that can confirm this is going to work? sorry to go on about it but i really need to know where i'm at.
also do you think i should just send it back without putting a name on it? just so it gives them nothing to go on? if there's anything else i should add or say then please let me know. then i can put this to bed and read the rest of this forum. thanks guys. this forum is like, adults talking about motors right? not 17yr olds?
also do you think i should just send it back without putting a name on it? just so it gives them nothing to go on? if there's anything else i should add or say then please let me know. then i can put this to bed and read the rest of this forum. thanks guys. this forum is like, adults talking about motors right? not 17yr olds?
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