Can anyone help me??? I recently received a parking fine from a private company for parking on the old Snowdonia snooker club carpark at 10pm. I was parked for 8 minutes while I picked up a take away and foolishly thought I'd be ok to park there rather than on double yellows. Has anyone else received a fine from this company and if so what did you do about? I'm unsure whether to give my credit card details over the phone (which you can only call between 10am and 2pm monday to friday) or post a cheque to the PO box address on the back of the notice.
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Private Parking Fines
- Thread starter picklecat
- Start date
tek-monkey
wanna see my snake?
Who are they, and do they definately own the right to police that land? Are there signs displayed as such?
John Marwood
I ♥ cryptic crosswords
I take it from the message you were not clamped
As already requested, perhaps let us know the name and address of the so called private parking company
I would not be in haste to pay right away - how did you receive the fine and what is the wording?
Breath..keep breathing slowly
As already requested, perhaps let us know the name and address of the so called private parking company
I would not be in haste to pay right away - how did you receive the fine and what is the wording?
Breath..keep breathing slowly
My Name is URL
Well-Known Forumite
I think the general concensus is that that "fines" for parking on private land are not enforcable and the companies in question know that.
So if it definately is a private company and not the council then I urge you 100% do not pay at least until you confirm what I above.
I think the advice is to ignore it completely and they will go away.
So if it definately is a private company and not the council then I urge you 100% do not pay at least until you confirm what I above.
I think the advice is to ignore it completely and they will go away.
henryscat
Well-Known Forumite
Parking fines on private car parks are issued/pursued under contract law rather than road traffic law as used on local authority car parks and on-street (as an aside, railway car parks are different and are enforced under railway by-laws). My understanding is when you drive into a private car park you enter into a contract with the car park owner as per whatever terms and conditions they display on a notice in the car park. If you break these conditions the owner can issue a "fine" which is essentially compensation to them for breach of contract. You could choose not to pay, but then they could pursue you for losses incurred... which is where it gets interesting because iirc any compensation has to be proportionate and arguably parking for 8 minutes hasn't imposed a great loss on the owner of the car park. However, I'm not sure where they stand in terms of recovering costs of pursuing you for payment. Unless the fine is outrageous you might consider paying less hassle than them pursuing you. There is detailed info about all this about the place if you do a quick google.
Eagle Shield security and the fine was left on my window screen. They say if I don't pay within 14 days an order for payment through the courts will be applied for and I'll receive bailiff charges. I checked the following day when it was light and there is a notice which I didn't notice on the night-time!!!! Oh and the fine is for £100.
Gramaisc
Forum O. G.
I've just gone past and there is a fence with gates and two 'official-looking' signs on the fence. There are (I think) three spaces left outside the fence. I was a little too far away to read the wording on the signs. I, also, would suspect that they may be just hoping that you will cough up for a quiet life.
It is usually possible to park in Wogan Street, up the side of the Hop Pole...
It is usually possible to park in Wogan Street, up the side of the Hop Pole...
tek-monkey
wanna see my snake?
The bailiff charges bit is to scare you into paying, but it probably usually works. At present I assume they do not know who you are, how much does it cost to get this information from the DVLA? And more to the point who is allowed to get it?
henryscat
Well-Known Forumite
Other interesting thing is that for tickets issued by private companies, the registered keeper isn't liable for the ticket, the driver is and they have to prove who was driving...
I'm not against parking fines if they're sensible, but £100 is bonkers.... Local authority issued ones are £30 if paid within 2 weeks.
I'm not against parking fines if they're sensible, but £100 is bonkers.... Local authority issued ones are £30 if paid within 2 weeks.
My Name is URL
Well-Known Forumite
"When dealing with "tickets" from private parking companies (PPCs) our advice is ignore them. For the following reasons, you should not enter into any correspondence with private parking companies:henryscat said:
There is a great deal of doubt about the legal enforceability of private parking invoices that are issued to motorists. Unlike parking tickets issued by local authorities, which are backed by statute, the enforcement of private parking is essentially a matter of contract law. A private parking company needs to overcome many significant legal hurdles in order to be successful, which include:
- Establishing that any claim is under the law of contract, rather than the tort of trespass (see case of Excel Parking Services v Alan Matthews, Wrexham County Court, May 2009 where the parking company lost on this ground);
- Establishing that all of the elements of a contract (offer, acceptance, consideration) are present;
- Establishing who the driver was on the relevant occasion, as any contract can only be enforced against the driver, who may or may not be the registered keeper of the vehicle;
- Establishing the prominence and adequacy of any warning signage, and that the driver actually saw and understood the signage (Waltham Forest v Vine [CCRTF 98/1290/B2]);
- Establishing that the amount claimed is not an unlawful “penalty”, including that there was no attempt to “frighten and intimidate” the driver (see well reported case of Excel Parking Services v Hetherington-Jakeman, Mansfield County Court, March 2008 where the parking company lost on this ground);
- Establishing that any contract does not fail foul of the Unfair Contract Terms Act and associated regulations.
How do you know if your ticket is a PPC ticket or not? Well, legitimate council tickets will be called a "Penalty Charge Notice" or "Excess Charge Notice" and will have the council's address on them. A police ticket will be called a "Fixed Penalty Notice" and have either a police or HM Courts Service address on it. If it's not called one of the above and it's got a private address on it then the chances are that it's a PPC "ticket", and ought to be ignored.
joshua
Well-Known Forumite
From companies house
Name & Registered Office:
EAGLE SHIELD SECURITY LIMITED
THE OLD COACH HOUSE
HORSE FAIR
RUGELEY
STAFFORDSHIRE
WS15 2EL
Company No. 06469297
Status: Active
Date of Incorporation: 10/01/2008
Country of Origin: United Kingdom
Company Type: Private Limited Company
Nature of Business (SIC(03)):
7460 - Investigation & security
Accounting Reference Date: 31/01
Last Accounts Made Up To: 31/01/2009 (TOTAL EXEMPTION SMALL)
Next Accounts Due: 31/10/2010
Last Return Made Up To: 10/01/2010
Next Return Due: 07/02/2011
Name & Registered Office:
EAGLE SHIELD SECURITY LIMITED
THE OLD COACH HOUSE
HORSE FAIR
RUGELEY
STAFFORDSHIRE
WS15 2EL
Company No. 06469297
Status: Active
Date of Incorporation: 10/01/2008
Country of Origin: United Kingdom
Company Type: Private Limited Company
Nature of Business (SIC(03)):
7460 - Investigation & security
Accounting Reference Date: 31/01
Last Accounts Made Up To: 31/01/2009 (TOTAL EXEMPTION SMALL)
Next Accounts Due: 31/10/2010
Last Return Made Up To: 10/01/2010
Next Return Due: 07/02/2011