Parking Charge Notice

D

DanStarr

Senior member
Anyone upto date with parking charges on private land? Where i live we all have allocated parking which is where my Z4 lives :D but my work car i have no space for so ive been parking it on i guess the road that goes through where i live hard to explain but lots of places to park. Got a parking charge notice through the post to my work which states i was parked in another residents bay which wasnt the case does this mean i can appeal on the grounds that the notice is incorrect? :|
 
If it's private land, they will have to sue you to get money. It's not the same as a public parking offence. Who authored the parking charge notice?
 
The flat i live is has a management company who have brought in another company to deal with the parking they've put up signs saying basically when you park here u enter into a contract with them. I wont be giving them a penny tho :D
 
There's lots of info about this on the internet Dan, but be wary of old information as I believe the laws/rules changed around 2011. I think if you don't reply at all within 28 days there are allowed to pursue the registered keeper, but if you do reply that takes away that default course of action.

Alot of people say just ignore them, but read up well on it, or hopefully somebody with more recent knowledge will post better advice.

Legally I don't think they have a very strong position and the general tactic is to just hassle you.

Good luck.
 
Yes the law has changed. Don't ignore it. We got a court summons.
There's two long threads on here about what to do.

Here's one of them

http://www.z4-forum.com/forum/viewtopic.php?f=5&t=58671&hilit=Parking+charge
 
Well ive appealed on the grounds the reason for the PCN is incorrect. Also been reading alot about how apparently they say your in a contract makes no sense and just seems stupid. Looking forward to moving somewhere with common sense!
 
I guess my next move will be for them to prove that a contract exists? Or should i email them saying by reading this email you've entered into a contract with me and by replying i will issue a charge notice of 1 million dollars....
 
What's their proof of the alleged crime? Any photo?


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The date and time will be added by their camera. The advice to go to pepipoo is sound. There's a ton of experience on their on how to successfully fight these pirates
 
I've had a few from the companies that operate on supermarket car parks etc, ignored them all and nowts come of it. In those cases the "PCN" is merely an invoice stating you entered into a contract with them by parking in their car park and owe them money for parking there. However despite the rule changes to who they can and can't pursue, nothing has changed on the countries contract law. AFAIK it still requires the claimant to prove you knowingly entered into broke their contract by parking there, AND that the cost they're claiming back from you is fair and just.

As for this one parking on what seems to be a roadside, no idea never really heard that before. Are there clear signs stating it's someone elses bay and if so you can't park there? If not, I can't see how anyone would prove you knowingly breached contract. The whole thing of the ticket being incorrect so not standing as often works for official police/council tickets won't work here in the same way I wouldn't have thought, but would stand you in good stead to argue you parking there hasn't breached it, and would certainly limit their ability to prove what they're claiming from you is fair, if not it becomes a "penalty" by legal definition which I believe can't legally be levied by a private company under contract law.

What company was it, and how much are they trying to ask for?
 
Ste said:
I've had a few from the companies that operate on supermarket car parks etc, ignored them all and nowts come of it. In those cases the "PCN" is merely an invoice stating you entered into a contract with them by parking in their car park and owe them money for parking there. However despite the rule changes to who they can and can't pursue, nothing has changed on the countries contract law. AFAIK it still requires the claimant to prove you knowingly entered into broke their contract by parking there, AND that the cost they're claiming back from you is fair and just.

As for this one parking on what seems to be a roadside, no idea never really heard that before. Are there clear signs stating it's someone elses bay and if so you can't park there? If not, I can't see how anyone would prove you knowingly breached contract. The whole thing of the ticket being incorrect so not standing as often works for official police/council tickets won't work here in the same way I wouldn't have thought, but would stand you in good stead to argue you parking there hasn't breached it, and would certainly limit their ability to prove what they're claiming from you is fair, if not it becomes a "penalty" by legal definition which I believe can't legally be levied by a private company under contract law.

What company was it, and how much are they trying to ask for?
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The new rules mean they only have to prove that the car was there to go after the registered keeper, and that correct/clear signage is enough to consider the contract is in place.

If they decide to go to court, it's up to you to prove that their 'invoice' is not a fair reflection of the costs incurred - i.e. a £1/hour car park cannot have incurred a £100 loss if you overstayed by 5 minutes.

AFAIK, only one company is pursuing people through the courts, and even then they're either getting beaten most of the time, or winning but getting the amount reduced significantly.
 
Indeed mmm-five, the rules have been changed slightly but I'd say it's still very much balanced in favour of the driver and I wouldn't pay a penny.

On your second point, you're entirely right that in a civil court they'd still have to prove their invoice is fair and just. If you read: http://www.legislation.gov.uk/uksi/1999/2083/regulation/5/made it gives you a few interesting things to consider on that side.

When I did law at college we did a fair bit on this, and while I can't remember the figures, it was a miniscule amount of people actually being taken to the small claims court, an even smaller amount being found against, and a smaller yet amount having to pay anything but a much reduced fee.
 
All the parking bays are marked an where my car was parked wasn't a bay at which which is the reason they've put for the notice saying I'm in a residence bay. So I've appealed with this. Only thing that worries me is its a company car so not sure how work will deal with it. I will just keep appealing and probably just tell them I have no contract with them.
 
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