Elite Parking fine

Discussion in 'General Discussion' started by Drivencrazy, 6 Jan 2018.

  1. Well on the plus side people that just hand the money over keep them from pursuing others in court.
     
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  3. You fell for it then.
     
  4. noseall

    noseall

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    Gosh you are brave M itch.
     
  5. Mottie

    Mottie

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    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.
     
  6. freddiemercurystwin

    freddiemercurystwin

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    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.
     
  7. motorbiking

    motorbiking

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    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.
     
  8. Buck_68

    Buck_68

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    No. I took legal advice and didn’t fancy my chances.
     
  9. Notch7

    Notch7

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    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.
     
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  11. Drivencrazy

    Drivencrazy

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    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 .
     
  12. freddiemercurystwin

    freddiemercurystwin

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

    securespark

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    What FMT wrote was:
     
  14. Drivencrazy

    Drivencrazy

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    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 .
     
  15. Drivencrazy

    Drivencrazy

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    I did purchase from the shop but also went to another shop .
     
  16. Notch7

    Notch7

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    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/
     
  17. securespark

    securespark

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