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Rhea
Beginner January 2008

Parking ticket advice needed pls

Rhea, 7 June, 2008 at 16:27 Posted on Off Topic Posts 0 9

I received a ticket at work, its a NHS car park that I have to swipe a staff pass. I also have a permit in my window. I was ticketed a few weeks ago no reason why just 'reason B' or something, which turns out to be not parked in a designated bay. I was parked in a bay its the only place to park! I wrote to them saying I was parked in a bay and could they produce the photo of my car not parked in the bay. They don't take photos. What can I do is there anything I can do?

Sorry if I don't reply till later.

9 replies

Latest activity by doozergirl, 9 June, 2008 at 12:14
  • doozergirl
    Beginner May 2005
    doozergirl ·
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    Is it a "Penalty Charge Notice" from your local authority or does it say something else as a heading?

    My understanding is that if it isn't a proper PCN then it isn't enforceable under law and you should just ignore it.

    Have a look at the forums at www.pepipoo.com ?

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  • Sare
    Beginner September 2002
    Sare ·
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    What Doozergirl said.

    Some private companies give out tickets that aren't legally enforceable, and the fact they said they don't take photos makes me think this may be the case.

    All the local authority traffic wardens I've seen giving tickets have taken at least 4 photos at all angles.

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  • Rhea
    Beginner January 2008
    Rhea ·
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    Thanks for the replies and the link. Its from CP plus parking. https://groupnexus.co.uk/cp-plus-landing I am really angry as the hospital have a bloody cheek to hire this company. I have to pay to park in the staff carpark, its very dodgy and you can see gangs of young men walking around the carpark at night. My crappy old 10yr old corsa has been broken in to 3 times, in the last year and a half. Off to look at that site thanks!

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  • Sare
    Beginner September 2002
    Sare ·
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    CP Plus is indeed a private company and they are not able to fine you under any criminal law.

    When you park in that carpark you are parking on private land, and by parking there you are agreeing to their terms, a parking contract if you like.

    Therefore their "terms" must be clearly visible.

    CP Plus themselves have no power to receive money from you, they are acting as agents between you and the owner, in this case the PCT.

    There are ways of challenging them in some cases, such as if you argue the signage isn't clear etc.

    If you do a Google for Private Parking Companies there should be a few sites with letter templates and advice on whether you can challenge this.

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  • Rhea
    Beginner January 2008
    Rhea ·
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    Thanks sare, I have found this post from pepipoo which is very interesting. Thought I'd post it all so others can read it.

    You have not committed any offence and you’ve been "charged" by a private company whose notices have no status unless a case is brought at the expense of the company in a civil court.

    The "charge" is alleged under contract law. Despite what they may call it, what you have is an "invoice" (a decidedly dodgy one at that) from a private parking company who allege you have breached their terms and conditions. The notice is not backed up by statute, unlike those issued by councils under the road traffic act.

    The “notice” is virtually unenforceable and the truth is that the Parking Company will probably not even try to enforce it by legal action. Instead they will use debt collectors who will threaten references to credit agencies, personal visits by bailiffs and clamping of cars / removal of property. These threats have no foundation. The reality is they would need to bring civil litigation in the county court against the driver and prove a breach of prominently displayed terms and conditions. The company have already acknowledged that you bought a ticket. Their damages (all they can claim under contract law) are precisely zero. These cases are largely dealt with by threats and bluster rather than any real action on the basis that most people pay up for a quiet life.

    As long as you stand firm and ignore the drivel that comes through your letter box [File away for reference and / or retribution] there is a very very good chance that the PPC will eventually run out of steam. In the extremely unlikely event of the PPC issuing proceedings, this forum will help in your defence. You would win. STAND FIRM - do not be bullied – any concerns - please feel free to post further.

    In your particular case I would suggest writing back one more time stating "I note the results of the "so called" appeal - I disagree. If you wish to persist please issue court proceedings within the next 14 days otherwise cease and desist from all further contact either directly or via third parties."

    The above is just a legal way of telling them to go forth and multiply. Don't worry, they will not issue proceedings - more chance of you winning the lottery.

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  • Rhea
    Beginner January 2008
    Rhea ·
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    Thanks for the advice, I've found two letters just incase they may be of help to others.

    Letter to company

    Dear Sirs,

    Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

    I refer to previous correspondence.

    I do not feel that you are acting reasonably in this matter.

    I have asked you to provide evidence to substantiate your claim against me and you have not done so. I feel that I have done all that I can to assist you. Unless you provide evidence to substantiate your claim against me I shall be unable to help you further in this matter.

    This alleged debt therefore remains disputed by me. Save for supplying the evidence referred to above I must ask you to cease and desist correspondence with me.

    Other than as described above, any further correspondence from you or any other party in relation to this matter may result in a complaint to the authorities under the Protection From Harassment Act 1997.

    Yours faithfully

    Letter to Bailiff's

    Dear Sirs,

    Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

    This alleged debt is in dispute. I have written to your principal on a number of occasions and they have failed to substantiate their claim.

    In the circumstances please refer this matter back to your client.

    Any further correspondence from you in relation to this matter may result in a complaint to the authorities under the Protection From Harassment Act 1997.

    Yours faithfully

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  • doozergirl
    Beginner May 2005
    doozergirl ·
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    The advice on pepipoo is to simply ignore these people. Because they have no case, it is pointless arguing with them. All they will do is continue to send threatening letters in response to yours. Apparantly, the more you enitce these people, the more likely they are to respond. In order to make them go away you simply ignore every letter that arrives.

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  • Rhea
    Beginner January 2008
    Rhea ·
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    So you think I should leave it?

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    Cloudybay ·
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    Are you in a union ? RCN. RCM, Unison?

    Do they offer free legal advice ? Could they help?

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  • doozergirl
    Beginner May 2005
    doozergirl ·
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    I think you should leave it, yes. You've even quoted the advice on pepipoo and those guys really, really know what they're talking about (I certainly don't, but I spent a lot of time reading the forum when I had trouble with TfL and they are quite formidable and some of them even accompany forum members to court etc!) "As long as you stand firm and ignore the drivel that comes through your letter box [File away for reference and / or retribution] there is a very very good chance that the PPC will eventually run out of steam. In the extremely unlikely event of the PPC issuing proceedings, this forum will help in your defence. You would win"

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