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Westdene Seagull

aka Cap'n Carl Firecrotch
NSC Patron
Oct 27, 2003
21,189
The arse end of Hangleton
At the time I assumed these parking tickets were leagle and if you did not pay you would end up in court I got mine from lancing asda and there are loads of enforcement signs what make it look official
There was a chap there tonight handing out tickets scum bags

All I can hope is that you wouldn't pay another one !
 




beorhthelm

A. Virgo, Football Genius
Jul 21, 2003
35,429
At the time I assumed these parking tickets were leagle and if you did not pay you would end up in court I got mine from lancing asda and there are loads of enforcement signs what make it look official

that'll be because they are "official". the land owner has every right to charge you to park on their land, all this stuff about it being "unenforcable" is really just about them not being statute law but contract, and they have flaws in the contract that would make court a lottery (depending how well briefed you are) and arent worth chasing to court so they wont.
 


LadySeagull

Well-known member
Jan 21, 2011
1,237
Portslade
that'll be because they are "official".

No they really are not official, just because they copy the appearance of a parking ticket and have some signs up.



the land owner has every right to charge you to park on their land,

No-one is disagreeing with that and nor do the regulars on MSE suggest otherwise. But 99% of the time these issues are not in some random farmer's field or a person's driveway where a rogue parker would be trespassing, typically these scumbags frequent retail parks, hospital car parks, hotel car parks, cinema complexes, block of flats car parks where they look for legit residents' cars with the permit a bit too far to the left...that sort of scam. And if you think the landowner/leaseholder/managing agent gets the money you'd be wrong...


all this stuff about it being "unenforcable" is really just about them not being statute law but contract, and they have flaws in the contract that would make court a lottery (depending how well briefed you are) and arent worth chasing to court so they wont.

Nope, they really are unenforceable. Take a Supermarket as an example since the OP was in Aldi; a customer is not trespassing so there is no loss. And the parking is usually offered for free by the retailer. So any third party protection racketeer can't 'charge' for the service of parking (already offered by the legit land/leaseholder). So there's no contract able to be offered or accepted between 'PCNsRUs' and a motorist. And PCNsRUs can't decide it's 'breach of contract' either - firstly because there's no contract and secondly because that would be dressing up an illegal 'penalty' as a charge.

A barrister's view (scroll to the answer at the bottom):

Hi, I overstayed at Berkley Precinct car park (Ecclesall rd, - JustAnswer


''This is a private land fine. They are unenforceable. This is not a parking fine however it may look. These companies are private firms that have no more right to punish you for the manner of your parking than your neighbour does. Only the police or the local Council can do that.''



HTH
 


Doc Lynam

I hate the Daily Mail
Jun 19, 2011
7,228
2 tips for council parking fine, firstly go over the notice with a fine tooth comb making sure everything is spelled right, most importantly the road if its not its not valid. Second, on noticing ticket on motor bike or car go to your closest garage and buy something like a 50p fuse. Keep the receipt and post it with original fine and a brief letter, explaining your vehicle had broke down.
 


beorhthelm

A. Virgo, Football Genius
Jul 21, 2003
35,429
see, there you are talking about "fines" and "penalties". yeah, thats how they present them which they arent, but that misses the point of the underlying civil contract which is real: park here as long as you meet these conditions (its the presentation of the terms thats the problem). funny how no one complains when theres a barrier to control access and prevent exit without payment, when its the same situation, just because its easily enforced it doesn't raise the same ire. or are we saying one can legally prop open the barrier to force an exit?
 




HovaGirl

I'll try a breakfast pie
Jul 16, 2009
3,139
West Hove
If the camera caught you on the way in the first time, it will have caught you on the way in the second time. Ditto for both times on the way out. Find out who runs the car park (the local Council?) and write to them telling them what happened and point out the 4 pieces of photographic evidence they should have in their system. Include a photocopy of the Aldi receipt, which will provide the time you finished shopping, and the number of items you bought, showing you are a legitimate shopper. If you have any other evidence to prove you did not remain in the car park the first time, then produce that as well as back-up. Good luck!

I repeat my earlier advice. I was in a Hayward Heath car park, and put the ticket on the rear window. When I returned, I had a £60 parking fine. I found the warden, who was still in the car park, and he hadn't seen my ticket, because he had looked for it on the front of the car, not at the rear, where I'd put it for his convenience. He had taken photos, he said, but there was nothing I could do, he said, but write to West Sussex County Council. I did this, following my own advice, above. They replied and I didn't have to pay a penny.
 


Oct 25, 2003
23,964
I always threaten them with a charge of £30 for any letter that I write to them if I do ever reply to any of theirs.

this is a good point and one i should start doing...so many businesses get away with charging "admin fees" which seems to mainly equate to "writing a letter"...but as customers we don't do the same

i'm gonna start trying this...have you got anywhere with it before?
 


Definitely don't pay.
I was in a similar situation recently, with a local car park down here in Wiltshire that was run by a private company.
They sent me a couple of letters, leading up to one that "looked" like a court order. It was nothing of the kind. I looked on the internet and found examples of this (with the same company) happening to other people. The consistent advice was IGNORE THE LETTERS, DON'T EVER RESPOND TO THEM.
They went away in the end. Nothing happened.
 




Thunder Bolt

Silly old bat
I repeat my earlier advice. I was in a Hayward Heath car park, and put the ticket on the rear window. When I returned, I had a £60 parking fine. I found the warden, who was still in the car park, and he hadn't seen my ticket, because he had looked for it on the front of the car, not at the rear, where I'd put it for his convenience. He had taken photos, he said, but there was nothing I could do, he said, but write to West Sussex County Council. I did this, following my own advice, above. They replied and I didn't have to pay a penny.

Council car parks are enforceable although worth appealing against when ticketed. Shop car parks are private and therefore not enforceable.
 


surlyseagull

Well-known member
Aug 23, 2008
843
Do not reply ,I had one for the same thing ,I ignored it and after a while got a letter back saying I did not have to pay and I didnt even correspond .As soon as you respond they know they have the right person and there could be a chance they will pay up .DO NOT REPLY
 


Garage_Doors

Originally the Swankers
Jun 28, 2008
11,789
Brighton
I repeat my earlier advice. I was in a Hayward Heath car park, and put the ticket on the rear window. When I returned, I had a £60 parking fine. I found the warden, who was still in the car park, and he hadn't seen my ticket, because he had looked for it on the front of the car, not at the rear, where I'd put it for his convenience. He had taken photos, he said, but there was nothing I could do, he said, but write to West Sussex County Council. I did this, following my own advice, above. They replied and I didn't have to pay a penny.

Why would you put the ticket in the back window???
 






otk

~(.)(.)~
May 15, 2007
1,895
Leg out of the bed
Makes me think about when these shysters clamp cars in this situation. You have to pay to get your car released, THEN chase up getting your money back. Nightmare!
 


Westdene Seagull

aka Cap'n Carl Firecrotch
NSC Patron
Oct 27, 2003
21,189
The arse end of Hangleton
Makes me think about when these shysters clamp cars in this situation. You have to pay to get your car released, THEN chase up getting your money back. Nightmare!

Thankfully clamping on private land is now illegal.
 








smeariestbat

New member
May 5, 2012
1,731
without wishing to hijack the thread:

I work at a supported living home for adults with learning difficulties on a private estate, in so far as there are gates, but they are never actually locked. there are signs all over the place warning of clamping etc (guardian security) if you park by the side of the road. Is this enforceable?
 


smeariestbat

New member
May 5, 2012
1,731




Westdene Seagull

aka Cap'n Carl Firecrotch
NSC Patron
Oct 27, 2003
21,189
The arse end of Hangleton
without wishing to hijack the thread:

I work at a supported living home for adults with learning difficulties on a private estate, in so far as there are gates, but they are never actually locked. there are signs all over the place warning of clamping etc (guardian security) if you park by the side of the road. Is this enforceable?

Not just unenforceable but also totally illegal. The only people who can now clamp are councils, police and DVLA ( or companies acting under any of these authorities instruction like Equita who clamp for DVLA ).
 


smeariestbat

New member
May 5, 2012
1,731
Not just unenforceable but also totally illegal. The only people who can now clamp are councils, police and DVLA ( or companies acting under any of these authorities instruction like Equita who clamp for DVLA ).

thanks :thumbsup:
 


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