Private Parking Invoice £100

[chapeau]

Contracts are 'enforceable'.

 

[jeds]

Contracts are 'enforceable'.

Yes, in court. The company will use clever language to imply that their invoice is an official charge which can be enforced by an officer sat in an office - like a penalty notice can be. This is not the same thing. It is a contract which can only be enforced by a court.

 

[chapeau]

Well we are now at risk of getting into semantics about 'enforcement' and what 'penalty notices' are and are not, and how you are dealt with if you don't stump up the cash.

But I think your suggestion to offer ten quid as a purely commercial decision without admitting liability is a reasonable one. Ignoring these new invoices isn't like ignoring the older ones.

 

[jeds]

Maybe semantics to a point but it is important for people to understand that this type of parking charge (invoice) is not the same as the standard penalty charge that you would get from a normal traffic warden. A traffic warden penalty charge can be enforced by a bod sat in the local authority office. It's in the interests of private parking companies to lead people to believe that their invoices are the same type of thing but they are not - they are completely different. And, at the risk of sounding repetitive, their invoices cannot be enforced by anyone except a court.

 

[moneypenny]

Yes, had I been alone I wouldn't have spent more than 45 mins in there either because I would have been looking for something specific I was doing a friend a favour who doesn't drive I just made a few impulse buys.

I was in fact introducing a potential new customer for their art supplies and picture frames. It was a social outing plus shopping, 2 women=twice the time at least, rubbish we would ignore if alone gets picked up and discussed. If they sold tea and cakes I have no doubt we could have been in there 3 hours.

I have just spoken to the store manager who has told me to take in the invoice, she stressed not to worry we can sort it. Leaving now, we shall see.

 

[alumni]

Just be patient- and wait for their letter. Then- Reply to it enclosing your c card payment invoice . Also send a copy of your letter to 'The Range'-- and ask them to investigate.
Then- await their response-- and post on here to update .

Last thing you do is give these charlatans a wiff of validity.

Tenner says the 'ticket; is none compliant with POFA, and the letter certainly won't be.

Safe to ignore and just file away the bog paper that will be sent.

 

[alumni]

I got my info of 'Lincsbodger' - and he was spot on. It's time Trading Standards closed these shysters down.

Sadly, they don't want to know.
Only a couple of times have they taken action and that was based on illegal statements rather than the activity itself.

 

[alumni]

No that's not right. The only payment that you have to pay is a fine - and only the Police and the Local Authority can issue a fine. Anything else is a 'breach of contract' in regard to a parking contract, and you don't have to pay it.

It might be sensible if you checked your facts before making that assertion!

Protection of Freedoms Act 2012 Schedule 4, which came into force on 1 October 2012.

Joe-90 is correct.

And POFA makes no change to the way things were before 1st October.
To rely on POFA, the scammers have to comply with it first. None of them seem to have managed to do so yet.

 

[alumni]

The Protection of Freedom Act as I see it just means the law requires you to provide name and address of driver and doesn't necessarily make it more enforceable.

Er, doesn't that in itself make it more enforceable?

Prior to this law change you could simply ignore them and they would have to find out who was driving themselves. Now they don't need to, they go after the registered keeper, who the law says can be held liable with no need to prove who actually parked.

So more enforceable.

You shouldn't ignore it anymore. You should

1) Pay it
2) Grass on the driver
3) Appeal (costs them money)

Then you decide whether to ignore them.

No, No, No.

Parking Eye are one of the biggest chancers - and there letters are non compliant with POFA, therefore they cannot use it. So, safe to ignore.
Also, try looking up VCS v HMRC 2012. UTT. and that's precedent.
For fun, you might want to read VCS v Hibbotson, Scunthorpe. That Judge is truly a star.

 

[securespark]

http://www.dailymail.co.uk/news/art...k-Mr-Clampit-landmark-penalty-claim-case.html

 

[Nige F]

Parking Eye use a camera of when you arrive and when you leave. They do NOT give you a 'fine'. It's all a con. I've had one from that cowboy outfit when I parked at Aldi and they'll send you four letters threatening all sorts of things but always with a word such as "MAYBE you will get a County Court Judgement". It's all a con. Ignore Chappy, he's clueless.

: Yup they were the clowns that tried it on with our family member - They don`t realise what the F in my moniker stands for Nige F `em all - except one , and he can F himself .

 

[chapeau]

Parking Eye are one of the biggest chancers - and there letters are non compliant with POFA, therefore they cannot use it. So, safe to ignore.
Also, try looking up VCS v HMRC 2012. UTT. and that's precedent.
For fun, you might want to read VCS v Hibbotson, Scunthorpe. That Judge is truly a star.

The interesting thing about the Ibbotson case is the original judge held that eighty quid was a reasonable charge and he also added £45 costs.

The appeal was won on a 'technicality' that the paperwork between wickes and Parking Eye wasn't up to snuff.

 

[alumni]

http://www.dailymail.co.uk/news/article-2150551/Thousands-beat-parking-fines-judge-tackles-766k-Mr-Clampit-landmark-penalty-claim-case.html

Bare in mind it is County Court so holds no precedent so no, based on this case motorists will not be due any money back.

The VCS v HMRC is the one that lays it all out.

However,
Here's a link to the transcript of the case at Scunthorpe.
Worth reading just for the ending.
http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231

Also useful as an example for those who may go to County Court.

 

[onecog]

Contracts are 'enforceable'.

Contracts are only enforceable if you enter into the contract.If you did not see the signs or there are insufficient signs then it would be very difficult to prove a contract.
If you did enter into a contract then the most you would have to pay is what parking eyes losses were and in a free car park that is zilch or in a pay & display it is a few £'s.
Ignore them as they don't do court.

 

[securespark]

Excellent!!!