Elite Parking fine

[Deleted member 63160]

I stumped up the original fee despite the latest 8ncrements and they accepted this.

Well on the plus side people that just hand the money over keep them from pursuing others in court.

 

[Deleted member 63160]

As above, do not ignore. I had one a year or two ago and ignored until they passed the issue to their debt recovery service and the £££ kept going up.

You fell for it then.

 

[noseall]

You fell for it then.

Gosh you are brave M itch.

 

[Mottie]

You’ll find that the debt recovery company they use are based at the same address as them or they have the same directors - in other words they are the same people and it’s just another stage in their attempt to frighten you into paying up. I’ve ignored 'invoices' on three different cars from these crooks. There’s a trading estate that I visit with signs up everywhere. People assume they are for parking on forecoursts but they are actually for parking in the road! No yellow lines anywhere but they seem to think they have the right to invoice you for parking on the road because it is private property. I mentioned it to the company I visited and they said to ignore it like everyone else did and they gave up asking in the end. Didn’t get any tickets on the car, just a picture of the car parked in the road along with the invoice.

 

[freddiemercurystwin]

I did go into the shop today which the car park leads out from and they advised Elite recently bought the land and it is no longer anything to do with them. They did tell me as long as I use the shop I’m fine but can’t go anywhere else only that shop which was my mistake . They also said the tickets are usually £60.

So actually it's a fair cop and all this talk is you trying to avoid your just deserts? Really I'm all for fighting this underhand business but when you **** up you cough up.

 

[motorbiking]

Very quick summary..
Beavis v Parking Eye tested the basis of the "civil fine" up until this it had been long standing ground that contractual penalties were unenforceable, which meant that charging a £100 for a parking penalty for overstaying free parking, wasn't either a reasonable estimate of the costs, a pre-agreed liquidated damages fee or actual costs/damages, so it was long held that they couldn't enforce them. Unfortunately the parking eye claim introduced the idea of a commercial deterrent, basically a penalty fee to discourage breach of contract. It is rather odd that its been allowed, but it seems to be restricted to the protection of freedoms act 2012 http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

There is a guide to who and how parking contracts are formed.. https://www.gov.uk/government/uploa...file/9155/guidance-unpaid-parking-charges.pdf My understanding is the best option is to appeal and request a POPLA reference https://popla.co.uk which they have to pay for.

Nothing stops you making a without prejudice offer of £20 though.

 

[Buck_68]

You fell for it then.

No. I took legal advice and didn’t fancy my chances.

 

[Notch7]

It seems the final outcome of the Beavis v parking eye was that overstaying free parking means a high fine is acceptable as there is an element of deterrent.

The £85 was therefore not extravagant nor unconscionable.

If you were in a paying car park, then the lost revenue to the company is only the lost hourly rate.

If you want to contest then look at these points:

http://www.parkingcowboys.co.uk/fighting-beavis-argument/

2 things seem to be of note:

whether or not the car parking co own the land or not

Signage.

 

[Drivencrazy]

So actually it's a fair cop and all this talk is you trying to avoid your just deserts? Really I'm all for fighting this underhand business but when you **** up you cough up.

I did use the shop but also took my 2 year old to the toilet at the shop across the road as they didn’t have a toilet in the shop I had just purchased from .

 

[freddiemercurystwin]

So? Did you purchase anything in that shop or did you use their facilities for free?

 

[securespark]

What FMT wrote was:

So? Did you purchase anything in that shop or did you use their facilities for free?

 

[Drivencrazy]

Presumabably you got a ticket on your vehicle at the time .......were you clearly in violation and was it well signed ?

I've fought two and in they end they gave up, I accused one of entrapment and said I'd see them in court. I had photographs and images to prove it ( I didn't tell them that ). I also said I'd be charging them for my time.

If you were in clear violation I'd just pay it unless your happy for a fight, they usually give after a few threatening letters but you never know, they might take you to court.

Now if it's the local authority that a different thing as already mentioned.

I didn’t have anything on my vehicle, first I knew was a the letter I received yesterday. I assumed as I had used the shop and another I would be ok. It is just the camera in operation .

 

[Drivencrazy]

What FMT wrote was:

I did purchase from the shop but also went to another shop .

 

[Notch7]

I did use the shop but also took my 2 year old to the toilet at the shop across the road as they didn’t have a toilet in the shop I had just purchased from .

So you actually did use the shop, so had a legitimate reason for parking. The overstay whilst you were 'off-site could be deemed frustration of contract.

I would def check to see if the signage met the guidlines

http://www.parkingcowboys.co.uk/bpa-code-of-practice/

 

[securespark]

I don't know if you or your passengers are disabled, but see my experience here:
https://www.diynot.com/diy/threads/is-this-the-most-expensive-car-park-in-uk.484421/#post-3932064