/ CP plus Parking Charge
Long story that I wont detail on here, but are parking charges enforceable??
At the moment I am happy to take a CCJ on principle that they have screwed up. I'll be damned if I am paying £130 for 10 minutes parking.
IIRC yes, they are now enforceable.
Parking charges are enforceable
Parking fines are not enforceable unless issued by courts, or local authorities ie councils
£130 for 10 mins parking sounds like a fine to me, unless they charge everyone £130 to park
When you enter the car park you are agreeing to a contract
If you breach the contract they can sue you for damages ie they have to demonstrate a financial loss ie if the parking charge is £1 per hour and you parked without paying for 2 hours then they can sue, the most they can clam is £2
Even if it says in the cotract they will claim £130 from you, they cannot do this as they would not be able to demonstrate as financial loss of £130 due to your actions
Go to pepipoo.com and follow the instructions. You'll get fully informed good advice there.
CP Plus. (It's in the thread title.)
As a general principal don't respond, and never admit who was driving to a private company, the company can find out who the registered keeper of the vehicle is and send threatening/annoying letters but the registered keeper has no obligation to tell them who was driving, any action they might take (but won't) would have to be against the driver, if they don't know who was driving they can't do anything.
I think this is one of those occasions where forums other than UCK have better information.
Pepipoo as suggested, also the forums at http://forums.moneysavingexpert.com are well worth a rummage.
The consensus seems to be that although the law has changed, they'll still (almost certainly) bluffing when the threaten to take you to court. I guess you'll know that for sure by about the third letter offering you one last chance to settle up before they take you to court.
Well a CCJ isn't going to happen until they've already taken you to court, and won, and you still haven't paid. So a distant prospect indeed at the moment.
Best of luck.
> As a general principal don't respond, and never admit who was driving to a private company, the company can find out who the registered keeper of the vehicle is and send threatening/annoying letters but the registered keeper has no obligation to tell them who was driving, any action they might take (but won't) would have to be against the driver, if they don't know who was driving they can't do anything.
Incorrect, you now have to identify the driver it or comes back to the registered keeper. This changed in September 2012.
However they still can't fine you and the amount they can recover is limited to provable losses. And, as the amount of loss on a carpark that isn't fully is bugger all, you can only be held to account for bugger all.
FWIW I wouldn't respond and I'd file it next to the bog in case of emergencies. Pepio has a good gallery of the "threat o grams" you might expect
The law changed last year, and the private ones are now kinda sorta theoretically enforceable now. Though it seems in practice they're still kinda sorta not really. (Or at least, it's more hassle than its worth when the companies involved can still concentrate of making their profits from the people who panic and pay up straight away.)
PS (to the OP): This could be worth a read.. http://www.moneysavingexpert.com/reclaim/private-parking-tickets
I got a ticket for parking the Climbing Works van in the Climbing Works car park but in the wrong bay. I can't remember whether I am on the 3rd or 4th or 5th "we are about to take you to court" letter, they have all been recycled
Can someone explain to me which law has changed?
If an excess charge was issued against you by a private operator then this uses a different course of action. Normally they pass the notice (in reality just an invoice for excess charge) onto debt collection agency who then keep upping their charges to the point of the rediculous. Snag is that's how they make their money. There are strict criteria they have to adher to ensure the excess charge was legally applied (good adequate signage which is clearly visible etc). To confuse matters a wee bit some local authorities use private companies to manage their car parks. The council take the revenue and the private operator makes their profit on the margin with excess charges (written into their contract with the Authority). So the Council don't have to worry on admin and all the excuses under the sun as to why people shouldn't pay what they should have to begin with! If it gets to the stage of a county court hearing be very sure of your facts cause you don't want a CCJ against you.
"Protection of Freedoms Act" came into force Oct 2012.
A quick google turned this up, which seems to cover it:
the difference is that where before the driver was responsible for the trespass/breach of contract and the RK could just ignore any letters with impunity (nudge nudge wink wink) now there is some obligation on the keeper.
Overal though the other planks of the process are as shaky as ever: implied contract, trespass (whose land, who is suing), punitive fines/costs damages incurred etc
and of course the cost of doing this for a small pc of their overal operation when plenty of mugs stump up immediately!!
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