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Euro car parks parking charge notice

Discussion in 'General Discussion' started by filthy71, 7 Jun 2018.

  1. filthy71

    filthy71

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    I parked up at the Shell garage round the corner from Gatwick north, wasn’t in a space as they were all taken by cabs, so I just plotted up on the double yellows not causing an obstruction. It didn’t occur to me to check for any parking signs so I was horrified to receive a £100 parking charge from euro car parks.They have cameras there and said I’d overstayed in their “car park”. I was probably a bit naive to think I could get away with it but I was on the forecourt and not in a space. A friend of mine said not to bother paying it as they’re a private firm and it’s an invoice not a fine, but I seem to remember there being a rule change and they can take you court and all sorts. What is the general consensus? The fine is reduced to £60 if it’s paid within 2 weeks and I’m considering appealing, but am torn cos I should’ve checked but also wasn’t expecting a petrol station forecourt to be classed as a car park.
     
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  3. Notch7

    Notch7

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    AFAIK, a parking charge notice is still an invoice requesting payment, it is not a penalty charge, which only government bodies such as police and councils can issue
     
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  4. motorbiking

    motorbiking

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    It is a parking charge backed up by contract law, not a penalty charge backed by statute. Until fairly recently there was a strong argument that the fees could be seen as penalty clauses, which aren't enforceable in English Contract law. However, following the case of
    ParkingEye v Beavis in 2013, it was ruled that commercial dis-incentives could be lawful. Prior to that it was genuinely considered that they could only recover their losses (the parking fee you would have paid) or seek a claim for damages under trespass (nominal).

    The judgement is here:
    https://www.supremecourt.uk/cases/docs/uksc-2013-0280-judgment.pdf

    If you didn't see the sign or the sign was not clear you still have a defence that you did not agree to the contract terms. Further there are rules about who can place double yellows on the road and their lawful meaning on private land. You can also challenge their contractual right to form a contract, if you were not on land that they have the authority to protect. However, can you really be bothered? You could offer a without prejudice settlement of £85 to avoid challenging the exorbitance of their charge in the county court. I think they might accept that (see 287 in my link) ;)

    They will take you to the small claim court if you don't pay.

    next time go a bit further up the road and turn left :D
     
    Last edited: 7 Jun 2018
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  5. HawkEye244

    HawkEye244

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    No rule change they still can't do f all. Ignore ignore ignore
     
  6. HawkEye244

    HawkEye244

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    They won't. How do I know? I get about half a dozen a year, never pay, and nothing happens.
     
  7. motorbiking

    motorbiking

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    That is also a valid strategy - but don't ignore court papers. Edit: I also looked at the signage via google maps.. they are on dodgy ground.. but again they will probably issue a claim, if your vehicle is finance free and worth money. The double yellow lines have no meaning other than to indicate an intention for you not to park there.
     
  8. HawkEye244

    HawkEye244

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    Private parking companies would never bother chasing someone through the courts though, as i said, they rely on your perception of their authority. Authority they don't have. The number one rule is do not reply or communicate with them. This sets the ball rolling for them to mount a case. Zero communication is the only way. People think that by pleading and begging it will get them off, they forget this is a business to these firms. They want your money and they will lie to you to get it .
     
  9. motorbiking

    motorbiking

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    If you are willing to take the risk it’s only another £100. You are of course on the back foot if they do make a claim.

    some people don’t want the stress.
     
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  11. HawkEye244

    HawkEye244

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    That's fine I'm just trying to help people realise they have powers they don't know about. These are games, winnable games.
     
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  12. ReganAndCarter

    ReganAndCarter

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    Had two of these things in recent years, and I've always found the best line of attack is the company that owns or leases the land and has hired the parking co. Give them the usual spiel, long standing customer, good customer, charge seems excessive for the slight oversight, blah, blah - lay it on thick. One was for a council owned sports centre car park. Appealing directly to the centre manageress got the charge quashed. Tried the same thing with the local Co op, but manager wasn't having it. Very strongly worded email straight to Co op CEO got it quashed on this occasion. Accused them of harassment, holding me to ransom and said I was going to the local rag (no intention).

    Either pay it or try something like I did. The parking co's appeal service is a waste of time. I can understand how people don't want the stress though.
     
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  13. Ignore them altogether. You will get maybe 6,7 or 8 letters all threatening further action. The letters will be written in a way that if you are 5 years old you will imagine that things are escalating. You'll notice that the letters are very poorly constructed and not written by "real solicitors". I got my last "parking charge notice" in a hospital car park despite having a valid ticket clearly displayed and have heard no more since my 7th letter a couple of months ago.
    These companies may risk a court summons if you're a repeat offender and there's a few bob involved. It is very unlikely that they will take you to court for a single ticket. They rely on "mugs" who pay up. Don't be a mug. If you acknowledge them by replying, they will see that as a weakness and chase you harder.

    PS There is a story behind this fookin Beavis n Butthead case that the parking companies (and cavers who pay) quote. It hasn't set any precedent at all.
    I was a member of a gym where we had free parking in a supermarket carpark but had to place a ticket in the car, collected from reception. Reception always ran out of tickets. 5 or 6 times a week for years, until I moved gyms, I parked without a ticket. Dozens of letters and never, ever any court papers.

    Not suggesting you don't pay your way but if they miss your ticket or you slip up once fook them.
     
  14. Bodd

    Bodd

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    I over stayed in a McDonald's I got same fine reduced if paid in two weeks. I was working for a solicitor. He told me not to pay and ignore all threats. I did and they lost interest.
    Never paid a thing
     
  15. Notch7

    Notch7

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    You used to be a legal secretary? :eek:
     
  16. Bodd

    Bodd

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    At the weekends I'd do a bit of secretarial work To make ends meet

    By the Monday I was a plumber again
     
    Last edited: 8 Jun 2018
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  17. Mottie

    Mottie

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    Were you having a 14 course gourmet taster meal?
     
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