Help me win this argument.

[User482]

Soooooo. You missparked, accrued a penalty and no are now expecting your empolyer to cover up for you to save you paying the penalty? Where is the extortion of which you speak?

The owner of the land has no power to issue any kind of penalty. They need to show some kind of loss, and that the charge they are attempting to levy isn't more than that loss.

It's a purely civil matter, which is why tickets marked "parking fine" and so on are misleading at best.

 

[Gromit]

I have had contracts stating that if you use a company car and get a parking ticket, then it is your responsibility for paying that fine, not your employers.

I got a parking ticket last year taking my partially sighted friend in town. We had a blue badge, however not knowing were I was allowed to park we got a ticket. I paid promptly as I was not knowingly in the wrong.

You parked somewhere you shouldn't not your employer so pay up.

 

[User482]

I have had contracts stating that if you use a company car and get a parking ticket, then it is your responsibility for paying that fine, not your employers.

I got a parking ticket last year taking my partially sighted friend in town. We had a blue badge, however not knowing were I was allowed to park we got a ticket. I paid promptly as I was not knowingly in the wrong.

You parked somewhere you shouldn't not your employer so pay up.

The OP has not received a parking ticket.

 

[Globalti]

User482 is right; the owner of the land has no right to fine anybody. They have a right to seek compensation for a loss, that's all.

It would be the same if somebody parked their car on your garden; you have no right to fine them, that's laughable. However if they damaged your lawn you would be entitled to seek the cost of repair from them.

 

[Vapin' Joe]

The owner of the land has no power to issue any kind of penalty. They need to show some kind of loss, and that the charge they are attempting to levy isn't more than that loss.

It's a purely civil matter, which is why tickets marked "parking fine" and so on are misleading at best.

Wot he said.

They cannot enforce the fine, the reason the OP has not heard from them for a while is because they have given up as they cannot take any legal action.

 

[yello]

I'm interested, whose was the private land? Not actual name but are we talking about a supermarket car park sort of thing? Because I've always wondered what authority they have to fine people for not parking in the marked bays etc. Or for parking wrongly in disabled bays for that matter. Not that I've ever done either of those things btw!

My old flat in East London had allocated parking for residents. The 'policing' of that was draconian. I had a resident's permit so was never troubled by it but the stories I'd hear.... people parking to pick their aged mum up etc would wheel clamped pronto. No discussions; pay the fine and then we'll release your car sort of thing. These people weren't council employees or police just private contractors, albeit authorised by the council. I always wondered under what legal basis their actions and, more to the point, charges were determined. Seemed a licence to print money to me.

 

[mickle]

So. Why didn't he pay the parking fee again??

 

[Mad at urage]

Because there was no parking fee, it was a free car park

 

[Vapin' Joe]

I'm interested, whose was the private land? Not actual name but are we talking about a supermarket car park sort of thing? Because I've always wondered what authority they have to fine people for not parking in the marked bays etc. Or for parking wrongly in disabled bays for that matter. Not that I've ever done either of those things btw!

None.

Private companies cannot issue fines. They like to give the impression they can, hence the threatening letters. All they are entitled to do is to clamp your car and charge a release fee, but they cannot pursue you for any fees once you have left.

 

[mickle]

Because there was no parking fee, it was a free car park

Right so, Gti missparked. What's to stop everyone just parking where the **** they like unless land owners are able to levy a penalty? Surely if I drive onto someones land, fail to meet with the conditions of use of that land and am delivered with a penalty in line with the terms and conditions of use spelled out in big letters on that big sign over there I should just pay up.
And I'm not an apologist for scumbag parking companies, I'm just trying establish where we draw the line. Gti seems to be of the opinion - if I understand him correctly - that a 'first offence' penalty shouldn't be paid but second and subsequent ones should.

 

[Christopher]

If I understand this correctly, GTi knowingly mis-parked in a private car park 'cause all the spaces were full, refuses to pay the subsequent fine and wants to get his employer to help him wiggle off the hook. Nice.

 

[RecordAceFromNew]

And I'm not an apologist for scumbag parking companies, I'm just trying establish where we draw the line.

Ah Mickle as you well know what is lawful is not always right and vice versa.

A company or private individual has no legal right to impose a fine, period. However until probably May this year, the law allows them put a clamp on someone like Gti's Gti, make him pay up (for up to around £140 according to case law) or they don't have to release it. Since they didn't clamp his car, although Gti has committed tort against the landowner, the latter will find it uneconomical to pursue, which probably will be unsuccessful in any case.

What hasn't been said is that the Protection of Freedoms Bill now snaking through parliament is going to ban private clamping altogether likely from May. It is a critical issue for me, e.g., with a large open front yard in a popular location where public parking is in short supply. People will have little choice but to erect barriers after May to stop people parking on their land.

 

[Camrider]

I've had the debt collection agencies on my case twice over the past few years, once from BT who issued an £80 charge to me for an unspecified service, and another from Virgin Active who mysteriously forgot to process my written notice that I no longer required their services. On both occasions I was bombarded with increasingly threatening letters, every single one of them went straight onto the fire.

That is the last thing you should do under those circumstances. You should inform the DCA that you are in dispute with BT/Virgin or whoever, then contact the company who claim you owe money too to sort out the error. If you ignore it the collection company may or may not give up on you eventually but even if they do your credit rating is going to get hammered.

 

[ASC1951]

Anyone who is being hounded unjustly [i.e. not Globalti in this case ] by one of these enterprises should read the judgement of the Court of Appeal in Ferguson v British Gas Trading Ltd. [2009] EWCA Civ 46. Here is a link to the full text. http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html

It is a powerful piece of work - as you might expect from the opening remarks of Lord Justice Jacob:
"It is one of the glories of this country that every now and then one of its citizens is prepared to take a stand against the big battalions of government or industry. Such a person is Lisa Ferguson, the claimant in this case."

 

[User482]

If I understand this correctly, GTi knowingly mis-parked in a private car park 'cause all the spaces were full, refuses to pay the subsequent fine and wants to get his employer to help him wiggle off the hook. Nice.

You don't understand correctly. There is no fine.