What's the legal position with fines issued by private parking firms?'

[MossCommuter]

My brother was lost (driving) in Scarborough so he pulled up for a few minutes in a car park to check his directions. He never got out of the car, did not turn off the engine, just stopped, not in a space, consulted the directions and left minutes later.

a letter has now arrived from "Parking Eye Car Park Management" demanding £80 in fines. His car is pictured arriving and 11 minutes leaving again.

How does he stand? Can they demand the money? If he doesn't pay it, will they pursue him? Do they have any entitlement to the money?

 

[vernon]

Don't reply and wait until the bailiffs turn up. He'll be waiting for a very long time.

 

[Red Light]

Ignore it. They have no right to demand payment - its not a fine, just an unsolicited invoice for a contract they are claiming he entered into by stopping on their land. They will probably try to pursue him with threatening letters but no more. If he wants to stop them just write and tell them you are refusing to pay and to either issue court proceedings or desist which usually stops them stone dead. In the extremely unlikely event they do issue court proceedings just apply to have it transferred to the Small Claims Track and then you only have to paid the judgement not their legal costs. I've had a few but never paid and never had any problems from it.

http://www.moneysavingexpert.com/reclaim/private-parking-tickets#fight

 

[Vapin' Joe]

Private firms cannot enforce the collection of parking fines. He'll get a few letters threatening legal action then they'll give up if he doesn't respond.

 

[accountantpete]

Tell him not to respond - otherwise he goes on the "wavering" pile and will get inundated with further demands.

 

[classic33]

See
http://www.consumeractiongroup.co.uk/forum/content.php?814-Parking-Eye-penalties-are-...-Penalties

 

[swee'pea99]

Tell him not to respond - otherwise he goes on the "wavering" pile and will get inundated with further demands.

Absolutely. It's just a fishing expedition...the least little nibble and you become of interest. Keep your head down and bide your time. They'll go away when their process registers the facts that they're getting nowhere, and wasting time and money, and it's in their best interests to abandon it and concentrate on a nibbler...

 

[Globalti]

Tell him he will receive a string of increasingly intimidating letters, about one every fortnight. In the first three the "fine" will increase frighteningly with a discount offered for early payment then in the later letters the "fine" will gradually reduce "for a quick settlement before we litigate" as they lose hope of getting anything out of him. Tell him to ignore the letters but do check the signatures - more than likely all the letters will be from different people but will bear the same illegible signature.

 

[DCLane]

Ignore them and don't bother responding. They'll go away after a bit.

 

[MossCommuter]

thanks everyone, there is definitely a condenses to simply ignore. That's what I'll advise.

still it's scary to contemplate bailiffs and CCJs and everything else that runs through your head.

 

[Globalti]

That's exactly what they want you to imagine. If you've got the patience, read this thread I started a few weeks ago:

http://www.cyclechat.net/threads/help-me-win-this-argument.95588/

 

[MossCommuter]

My brother wrote to them and explained (as I have explained here) and they have replied to "apologise of the inconvenience caused" and to confirm that "no further action will be taken"

 

[BrumJim]

My brother wrote to them and explained (as I have explained here) and they have replied to "apologise of the inconvenience caused" and to confirm that "no further action will be taken"

Sounds like the sensible option, rather than the stressful ignoring/counter threat ones.

 

[rich p]

My brother wrote to them and explained (as I have explained here) and they have replied to "apologise of the inconvenience caused" and to confirm that "no further action will be taken"

How disappointing Mossy - I was hoping we'd drum up some CycleChat vigilantes and pop in to give them a good kicking.

 

[Mad at urage]

No need, just set this chap on them http://timkevan.blogspot.com/2012/03/challenge-to-private-parking-charge.html