Looks like I've the fun off getting us out of another of these charges



Sent to mum who is registered keeper, but says 'Mr' - have checked the V5C and no title on that. Could it be classed as not being sent to the correct person based upon this technicality?

I've always won getting these over turned in the past, based upon not being able to see who the driver is and not being able to formally identify them, however the law changed in 2012 and the 'Protection of Freedoms Act 2012' came in http://www.legislation.gov.uk/ukpga/2012/9/part/3/chapter/2/enacted meaning the registered keeper can be pursued should they not advise who the driver was.

Just wondering how much that can be pushed on the basis that I don't know who was driving, various people have unrestricted access to the vehicle and without a pic of the drivers face I cannot successfully identify the driver.

On this basis, and the fact that I've tried to cooperate, and the contract is legally between them and the driver do you think they'll just give in like they have in the past? I'll give them a call later and have a fight - they close at 5pm, think I'll call at 1650hrs as they'll probably want to go home :devil:

Personally I wouldn't waste my valuable time even responding to that trash.

:yeahthat:

Well. Could practice some origami
with it....

Not sure on the English rules, but in Scotland, Civil/private parking notices aren't legally enforceable. They can send you as many demands and threats as they want but that's all they can do.

so yeah, even if the rules differ, i'd still ignore it, and keep ignoring any further notices

The fact its names to mum as 'MR' is a good start on their part. Just been out on a training walk, tried calling the number on the letter as its an 03 number and doesn't cost, and for customer service they wanted me to call an 0844. Calling 0844 numbers is against my religion so it shall now be ignored.

You aren't required to do anything, it isn't enforceable. I used to use them for collecting oil drips from my Saxo

what your Mum is your dad??

makes us yorkshire folk look normal


http://www.bbc.co.uk/news/business-26583536


http://www.parkingcowboys.co.uk/popla-appeals/

http://www.parkingcowboys.co.uk/popla/

Rather than ignore it, which may develop into civil actions and bailiffs, etc., can you justify why she was there?

Presumably it is a private car park, is it a retail park or similar? Is 90 minutes the maximum stay, or are there charges for longer periods? Such a fine for an overstay of nearly 12 minutes seems a little excessive.
If it is a retail area that has problems with commuter parking so has employed a parking company, was Mum shopping there? Are there receipts? Talk to the shops to get them to cancel the charge, if they want further business?

More detail will help us to help you.

Andy Monty said:

what your Mum is your dad??

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Mum's car, she was 150 miles away though.

portland_bill said:

Rather than ignore it, which may develop into civil actions and bailiffs, etc., can you justify why she was there?

Presumably it is a private car park, is it a retail park or similar? Is 90 minutes the maximum stay, or are there charges for longer periods? Such a fine for an overstay of nearly 12 minutes seems a little excessive.
If it is a retail area that has problems with commuter parking so has employed a parking company, was Mum shopping there? Are there receipts? Talk to the shops to get them to cancel the charge, if they want further business?

More detail will help us to help you.

Click to expand...

National supermarket chain car park, free up to 90min, after that its this 'charge'.

Where would we stand on technicality of it being addressed to a Mr followed by a female name. Could we not ignore it, and if it got more serious take it to court and say we had these letters incorrectly addressed so they went through shredder as junk without opening and reading them

Believe me it will not go to court. And it cannot involve a Bailiff unless it goes to court, he/she looses and gets a County Court Judgement.

It will cost the company £50+ to issue a small claims court summons depending on district which they pay up front and is only refundable upon winning the case (99% chance it won't).

That "Parking Charge" has no more standing legally than a bus ticket, postage stamp or receipt from your favorite supermarket.

I worked for one of the biggest "Bailiff" companies in the UK and we would avoid getting these like the plague because they're nothing more than an invoice.

Most Easterly Pandas said:

Mum's car, she was 150 miles away though.

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As she is the registered keeper of the car, she should know who is using it. Whoever it was, (presumably family) need to answer whay they were there and why so long.

Most Easterly Pandas said:

National supermarket chain car park, free up to 90min, after that its this 'charge'.

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Time limit is to discourage people parking and going elsewhere, preventing genuine customers getting to the store. 90 minutes seems a short time to do all your weekly shopping. Do they employ people to hurry you up as you browse? Usual time I've seen is 2 or 3 hours. If you've got a receipt for that time in that supermarket, they will not want the adverse publicity so will squash the charge. Talk to them rather than the parking company.
Can you justify the time taken. Was the supermarket especially busy that day, were they helping an older person shop with slow decision making and slow progress? Did they stop off at the store cafe? Presenting such arguments to the store will get sympathy. They really don't want anyone as a dissatisfied customer, especially as it would likely appear on Facebook later.
If the car user had popped into town, then they're a bit stuffed.

Most Easterly Pandas said:

Where would we stand on technicality of it being addressed to a Mr followed by a female name. Could we not ignore it, and if it got more serious take it to court and say we had these letters incorrectly addressed so they went through shredder as junk without opening and reading them

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Return it as "not known at this address"?
Shredder seems a good argument.

portland_bill said:

Return it as "not known at this address"?

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That was an idea, but no return address.

Its gone through a franking machine though, will the franking machine numbers on the envelope contain all the details RM require to return it to sender

The franking machine number is unique to that user, so Royal Mail can return it easily.

Andy Monty said:

what your Mum is your dad??

makes us yorkshire folk look normal

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Pmsl!

Andy Monty said:

what your Mum is your dad??

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And my Brother and Sister all in one - Welcome to Norfolk

I got one of these recently from a company called Parking Eye. I had stayed over the 4 hour limit. At first I ignored it but when I looked on the Martin Lewis website there were posts about a change to the laws regarding this kind of thing and its no longer a good idea to just ignore it.

Anyway as luck would have it, my son works for Halfords and there is a branch of Halfords in the retail park where it happened. My son works at that store now and then and asked the manager to put my car on the system. The ticket was then cancelled. However while he was working there he spoke to several customers who had ignored them and DID get taken to court where CCJs were issued. So make sure that you investigate who you are dealing with before you just ignore.

Modette said:

I got one of these recently from a company called Parking Eye. I had stayed over the 4 hour limit. At first I ignored it but when I looked on the Martin Lewis website there were posts about a change to the laws regarding this kind of thing and its no longer a good idea to just ignore it.

Anyway as luck would have it, my son works for Halfords and there is a branch of Halfords in the retail park where it happened. My son works at that store now and then and asked the manager to put my car on the system. The ticket was then cancelled. However while he was working there he spoke to several customers who had ignored them and DID get taken to court where CCJs were issued. So make sure that you investigate who you are dealing with before you just ignore.

Click to expand...

Thanks for confirming that - I've dealt with Parking Eye before, although before the law change.

This one is being popped back in the post with return to sender, not known at this address. Will see where it goes from there.

If you go on the forums, people have changed the advice to now appeal every ticket, as ignoring them is leading to people going to court more.

I appealed one from McDonald's after waiting in the car park for 2 hours , they accepted my appeal first time. I have another I ignored 4-5 months ago and I still get letters for it, but just ignore them as it's a bit too late now .

Got one the other week for parking in a service station over night as I was staying at the hotel. I wouldnt mind but the chap at the hotel asked for my car details so he could stop a ticket being issued. Low and behold I received one.

Contacted the hotel twice to get them to cancel the ticket. I have also contacted the parking company to query if it has been canceled yet. Not heard anything yet.

It has also now gone over the 14 days or whatever so the ticket is now '£100'

My wife got one of these parking charges from Parking Eye when using my car. I appealed it and they responded saying they want more information but I have since ignored it, this was at least 5 weeks ago now. I've had no more letters since but if it did happen to go further then I think I would fight it.


Phil