Has anyone refused to pay a private parking Ticket?

[bodsier]

Has anyone gone the militant route and written that they refuse to pay a private pRking ticket. I got one in Hayes close, where the signs are not obvious in my opinion.. Did you refuse to pay or appeal successfully?

[Earl Aelfheah]

check out the Salisbury's parking thread - some advice on there about this.

[srisky]

I have ignored private parking tickets a couple of times in the past. They do send reminder letters, which eventually escalate to threatening ones about sending debt collectors but it's all hot air. However, I did read somewhere that the law may have changed and private fines may now be enforceable - worth googling before ignoring.

[srisky]

This may help:

http://www.adviceguide.org.uk/scotland/consumer_s/consumer_cars_and_other_vehicles_e/consumer_driving_and_parking_e/consumer_parking_tickets_s/parking_tickets_on_private_land_s.htm

[polla2256]

I have never written a refusal but I have never ever paid a "private" parking ticket and never will. If it is issued by the council, police or any local authority pay as they will issue a court order. With private companies just throw each and every letter in the bin, they have no jurisdiction over you.

Also never ever appeal as in doing so you acknowledge the legitimacy of the contract under which the "fine" has been issued (if the ticket is called a fine and is private it is illegal). Do not contact them totally ignore them and don't let them frighten you.

For more advice look up the consumer action group via google - lots of useful information, case studies and legal advice.

Irrespective of any changes to law any parking ticket issued (by private companies) will only be under contract law. Something they will not be able to enforce without specific evidence (and money).

[lpool]

I've just won an appeal in relation to a station car park. The basic defence was that the fine did not represent the true cost to the parking company of me parking there (I had purchased a ticket by phone on train, but after parking ticket had already been issued). For me there was the opportunity to submit appeal to POPLA.

[Salsaboy]

Private parking tickets are in essence an invoice to you for the supposed cost of parking wherever you parked and thus cannot be enforced as council tickets are as the have not been issued under the Road Traffic Act.

Throw it away. If they do get really nasty send a cheque for 10p to them in full and final settlement. If it's cashed then that's the end of it and they have no leg to stand on in court.

[kford]

I have, several times. For being a few mins over a two hour stay at a McDonalds (attending a party there!); for accidentally not paying-and-displaying at a supermarket, and my mother has for parking in a disabled with her badge not showing clearly (it fell down behind the dash).

Ignore all, ignore all follow-up letters and don't ever attempt to contact them as they'll sniff a lead and keep bothering.

[bodsier]

Thought as much, thanks for all the advice. :)

[Loz]

Do read those advice websites, though. You need to know what you should and shouldn't do to stay the right side of the law.

[PeckhamRose]

I refused to admit who was riding the vehicle and then threatened them for harassing me. The Bailiffs letter came and I got advice from a consumer advice guide and wrote a formal letter - template available on the sort of thread as listed above - and they dropped it. And this was before the law changed so should be easier now.

[ianr]

> And this was before the law changed so should be easier now.

The Protection of Freedoms Act 2012, Schedule 4 specifically enables recovery of unpaid parking charges from a vehicle's registered owner if the driver's name and address aren't made available.

[DaveR]

"The Protection of Freedoms Act 2012, Schedule 4 specifically enables recovery of unpaid parking charges from a vehicle's registered owner if the driver's name and address aren't made available."

It does, but the onus is still on the car park operator/landowner to prove that there was a valid contract and that the charge is not an unenforceable penalty i.e. you can only recover the money from the keeper if you could have recovered from the driver.

The reason most people are not pursued when they throw the ticket away is that many landowners do not allow their parking contractors to pursue their customers through the courtds - bad PR and all that. Obviously the parking people won't tell you that, but if you get follow up demands, read them carefully - if they don't make explicit that they have the authority to issue proceedings, the chances are they don't.

It's not right to say that private parking demands are unenforceable per se - if there is a clear sign stating the terms on which parking is made available, you will be taken to have accepted them. However, it seems clear that only the tiniest proportion of cases are actually taken beyond the heavy letter stage, so completely ignoring them is a reasonable strategy, but be aware that some cases are pursued to court.

[Bluerevolution]

I worked retail security at a large store in Manchester, plenty of parking spaces, double yellows, marked bays-get the picture ?

We were told, quite categorically, these were unenforceable as it was private land and NOT on Queens Highway.

We were told to ask politely for car drivers to move there vehicles as it imposed on the entry.

Tickets issued are basically to make you ____ yourself and not do it again.

But, please, if you don't need to DON'T

[DaveR]

For anybody who is really interested, the following case shed a lot of light on how these schemes work:

http://www.bailii.org/ew/cases/EWHC/QB/2011/4023.html

Somerfield had written into the contract that the parking operator would not be authorised to take proceedings, so the letters they sent to people were found to be misleading. However, not every landowner will have that term. The court did not doubt though that the scheme was capable of giving rise to contractual obligations to pay the overstaying charge which were enforceable (though not allowed in this case to actually be enforced).

[Counner]

Ignore it. I had one a long while back and never paid and nothing further happened

[data90x]

Wish I had read up about these a while ago. My colleague received one in a company car so I launched an appeal for her which they kepy disputing.

Eventualy they sent a letter to registered keeper of the car - the company - with my name on the letter. Bloody company paid it, and took it out my paycheck + an admin fee - now chasing up my old employer for a refund as it wasn't even my ticket or vehicle!