Anyone know the legalities re Parking Fines

[urmston]

So if fines for parking on private land are not enforceable then anyone can park on anyone else's driveway without worrying about any penalty?

I wish I'd know parking where you like on land owned by others is as easy as that as I've paid quite a few quid in parking charges over the years when I could simply have left my car on a vacant drive.

 

[NPBlue]

Wondering where I stand legally here...

Car Park at Tesco (Bury) maximum stay is 3hrs now.
Received a letter today with a picture of my car entering the car park at 9:30am, and leaving at 3:30pm

£50 now or £85 if I leave it.

Seems crap how they've introduced this as on this day I paid for my car to be valeted on this car park, went shopping in the Tesco, I probably spent about £50 anyway.... they won't be getting my business ever again.

Ignore it, and don't respond to any of their threats.

Private car park enforcement agencies try their luck, and sadly, many comply and pay up.

Throw their letters in the bin and they will leave you alone.

 

[Why Always Ste]

Wondering where I stand legally here...

Car Park at Tesco (Bury) maximum stay is 3hrs now.
Received a letter today with a picture of my car entering the car park at 9:30am, and leaving at 3:30pm

£50 now or £85 if I leave it.

Seems crap how they've introduced this as on this day I paid for my car to be valeted on this car park, went shopping in the Tesco, I probably spent about £50 anyway.... they won't be getting my business ever again.

It's not a council ticket so you can ignore it effectively.

Thanks for the advice Colin.

The threat seems demanding, and they word it cleverly as though they can literally charge through my door and get my money.

They've lost my business on that retail park now anyway. spend thousands there every year.

 

[nobody can eat fifty eggs]

People still have to be careful about ignoring fines from private parking companies, I'm sure I read somewhere these companies are becoming more litigious nowadays.

If anyone can shed more light on the issue we'd all be grateful.

 

[hilts]

It doesn't help that half the boards says ignore and half say the law has changed and they can prosecute, pay tesco the fifty quid and then rob them of an equal amount would be my answer, but then i'm stupid

 

[EdsBlue]

Wondering where I stand legally here...

Car Park at Tesco (Bury) maximum stay is 3hrs now.
Received a letter today with a picture of my car entering the car park at 9:30am, and leaving at 3:30pm

£50 now or £85 if I leave it.

Seems crap how they've introduced this as on this day I paid for my car to be valeted on this car park, went shopping in the Tesco, I probably spent about £50 anyway.... they won't be getting my business ever again.

The most up to date advice is not to ignore it now, have a read through
http://forums.moneysavingexpert.com/showthread.php?t=4816822
Apealling is a piece of piss, there's loads of template appeals to copy and paste and doesn't take long.

 

[Why Always Ste]

Wondering where I stand legally here...

Car Park at Tesco (Bury) maximum stay is 3hrs now.
Received a letter today with a picture of my car entering the car park at 9:30am, and leaving at 3:30pm

£50 now or £85 if I leave it.

Seems crap how they've introduced this as on this day I paid for my car to be valeted on this car park, went shopping in the Tesco, I probably spent about £50 anyway.... they won't be getting my business ever again.

The most up to date advice is not to ignore it now, have a read through
http://forums.moneysavingexpert.com/showthread.php?t=4816822
Apealling is a piece of piss, there's loads of template appeals to copy and paste and doesn't take long.

Interesting thread but this relates to if they issue with a ticket from quick reading.

they didn't give me a ticket. just took a photo of me entering and leaving after the 3hr maximum.

Could I not argue that I went in there several times that day?
And I usually do filling the car with petrol, nipping to the supermarket etc etc.

 

[EdsBlue]

Wondering where I stand legally here...

Car Park at Tesco (Bury) maximum stay is 3hrs now.
Received a letter today with a picture of my car entering the car park at 9:30am, and leaving at 3:30pm

£50 now or £85 if I leave it.

Seems crap how they've introduced this as on this day I paid for my car to be valeted on this car park, went shopping in the Tesco, I probably spent about £50 anyway.... they won't be getting my business ever again.

The most up to date advice is not to ignore it now, have a read through
http://forums.moneysavingexpert.com/showthread.php?t=4816822
Apealling is a piece of piss, there's loads of template appeals to copy and paste and doesn't take long.

Interesting thread but this relates to if they issue with a ticket from quick reading.

they didn't give me a ticket. just took a photo of me entering and leaving after the 3hr maximum.

Could I not argue that I went in there several times that day?
And I usually do filling the car with petrol, nipping to the supermarket etc etc.

That bit says if you get a windscreen ticket, wait to see if you get a letter through. The whole post on that forum is about what to do when you receive the letter that you did. First appeal to the company that sent you the letter, when that fails (which it almost always does) appeal to POPLA. The link i posted guides you through it. I did it when i got a letter through about an overstay in a carpark when they had the same as yours, photo of me entering and exiting.

In most cases, only send an appeal or challenge when the PPC send you the postal 'Notice to Keeper' (NTK) or 'reminder to keeper' or Parking Charge' or 'charge notice' or whatever they call their first letter. If they are a firm which alleges 'keeper liability' under the POFA 2012 (which they don't have to) the Notice has to arrive by day 15 if there was no windscreen ticket, and between day 29 and day 56 if there was a windscreen ticket. Some firms (e.g. Civil Enforcement, Smart Parking and some small PPCs) don't even bother with POFA2012 so the keeper is not liable - obviously the keeper is the only person identified in your appeal then!

 

[Chrisja1000]

Earlier this year I received a PCN for parking on a private car park behind Oldham Rd.

It's £2 all day and put the ticket on my windscreen but it had no adhesive on the back and it being a windy day it kept flying off. As I was late anyway I left it clearly visible on the driving seat.

I came back and had a ticket , the "attendent" was in his Scooter and asked if he would attend my car with me so I could show him the valid ticket. He responded no and to pay the fine.

Obviously I appealed and it got rejected so now I've just ignored it as the company has changed it's name twice and isn't registered with POPLA.

Not sure I'm doing the right thing now as that guidance says we should pay it but it's such a fly by night company.

 

[Prestwich_Blue]

The law has changed but not the basic principle of whether they can penalise you. The law is that the only contract that exists is between the driver at the time of the incident and the landowner. So it used to be that they issued the penalty to the owner but, to be enforceable, they had to be sure who was driving at that time. As there was no legal responsibilty for the owner to inform the parking company who was driving then by ignoring it, you were generally safe and the handful of prosecutions were only against people who were daft enough to admit they were the driver.

The law changed when they outlawed clamping so that the registered keeper of the car became responsible, regardless of who was driving. But the basic principle, that the landowner can only claim for the actual loss they've suffered, is still the same as I understand it. So the chances of a successful prosecution are still low.