Could pay, won't pay

[Pale Rider]

A few weeks ago I received a private company parking ticket.

For stopping an extra 12 minutes in a McDonalds/service station car park the demand was for £100.

I've had, I think, three of these over the years and have yet to pay any of them.

Ignoring all the threatening letters has worked in the past, although this time I decided to try a different tactic.

This is partly because the Protection of Freedom Act made the registered keeper - which the company gets from the DVLA - equally as responsible as the driver.

Bad news you may think, but it isn't really.

The parking company still has significant hurdles to cross.

This is a civil matter, and would be dealt with by a civil court.

Civil courts do not fine or punish, they only award damages.

Parking, in this instance, is free for two hours.

On any reasonable view, an extra few minutes should be no more than a few pounds, say £10 an hour pro rata.

Had they asked me for a reasonable amount for the time parked, I would probably have paid it.

Asking £100 is clearly an attempt to enforce a fine.

Legal costs are not awarded in a small claim at the county court - which this would be - so it's never going to be worth the company taking it to court.

Their costs would exceed any possible award - even if it was close to the sum demanded.

They also face other legal hurdles which I won't bother with now to keep the post short.

Rather than ignore the ticket, I sent an appeal email, fully expecting it to be either ignored or rejected.

I must have hit the right button somewhere because they replied saying the ticket was cancelled.

Best result for me.

Even though I fully expect I would get a decent result in court, I also know nothing in courts is ever guaranteed.

What are your views/experiences of private parking tickets?

 

[Fnaar]

Sue them for the whiplash caused when you did a double-take at the amount

 

[vernon]

Sue them for the whiplash caused when you did a double-take at the amount

 

[midlife]

On the motoring forums there's quite a bit about this, in particular a company called "Parking Eye" come in for a lot of flack.

Interestingly, the same company have won the contract for parking at our hospital, can't wait for it all to kick off as most clinics run late and people will almost be guaranteed to overstay!

You would have won in court easily using the defended that £100 is a punitive fine which isn't allowed AFAIK.

Shaun

 

[gavintc]

How the hell you can spend 2 hrs 12 mins in a McD is beyond me.

 

[shouldbeinbed]

vomiting?

 

[Pale Rider]

How the hell you can spend 2 hrs 12 mins in a McD is beyond me.

Camped on the wi-fi for work.

Not the best of environments, but superior in several respects to the alternative of going back to an office.

 

[Bazzer]

Well done. These private parking companies really p""" me off.
Our local hosptial changed parking provider to one which installed entrance cameras with ANPR. Regular visitors such as me, could have been stung for parking fees for prettty much every visit unless, like my wife, you did some digging around and discovered a non publicised concession.
Oh, and there was a problem with the signage, so many "fines" were actually illegal.

 

[Drago]

I've had a couple over the years. I responded by wiping my backside on them and flushing them down the pan. Hopefully I'll never get another, bit if I do I can see no real reason to change the tactic.

Of course, you could reply to their letter, enclosing an invoice for £200 for the privilege which they have 14 days to pay or face legal action. It's no more or less enforceable than their own demands, so any tactic they employ you can use yourself but for a greater fee.

To be honest though, while it all sounds like a jolly jape its easier just bin them, or at the most return them in an unstamped envelope.

 

[EltonFrog]

I often park in these managed car parks and deliberately overstay for the hell of it. I have had two attempts of them trying to extort money from me. I just ignored all the letters, eventually they stop. I don't engage with the company at all. I had ten letters in various forms from one firm. Beau Larques to them.

 

[Pale Rider]

Well done. These private parking companies really p""" me off.
Our local hosptial changed parking provider to one which installed entrance cameras with ANPR. Regular visitors such as me, could have been stung for parking fees for prettty much every visit unless, like my wife, you did some digging around and discovered a non publicised concession.
Oh, and there was a problem with the signage, so many "fines" were actually illegal.

As I mentioned, civil courts - or private companies for that matter - cannot fine or punish.

The companies are also keen to say you have entered into a contract simply by the act of parking.

Contract law - with an individual - allows for a cooling off period and one or two other things.

It's a stupid notion that you can enter into a contract simply by driving past a sign that you may or may not have read.

 

[Drago]

Stick a sign on your front door reading, "Parking Enforcement Companies please note - by having a letter delivered through this letter box you enter in to a contract to pay me a charge of £250." Send them their letter back with a photo of your front door and a demand of your own.

 

[Brains]

I spent 3 hours in the Home Base (Kidbrook) car park two years ago designing a kitchen and bathroom with the Homebase reps, the final bill came to over £30,000
Home Base asked from my registration number in the meeting
I then got a parking ticket for overstaying.
I complained, they said it would be voided,
I got stroppy letters and messages from a bailiff company I complained again,
The ticket was finally voided.
I took all the designs and specifications to B&Q and ordered the entire project there.

 

[Pale Rider]

So on that basis I suppose people could just park in McDonalds car park and go off to work all day, and McDs wouldn't have a leg to stand on?

They could install entry and exit barriers and ticket machine.

Or they could allow a parking company to attempt to intimidate drivers into paying £100 for 12 minutes of parking.

In all likelihood, this is nothing to do with McDonalds, but will be at the behest of the freeholder of the land, probably a property company.

Which raises another hurdle for the parking company.

The parking company would have to establish it has a genuine interest in the land.

It cannot charge people for parking on someone else's land, just as, say, I couldn't charge someone for parking on your driveway.

But you could.

 

[Brains]

So on that basis I suppose people could just park in McDonalds car park and go off to work all day, and McDs wouldn't have a leg to stand on?

No, the issue was he was a client of McD's, he was buying their product.