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Parking Charge Notices


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#1 joan3999

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Posted 06 September 2012 - 03:15 PM

Are PCNs valid and must I pay a parking charge ticket. I have had new knees and need to have a wide space to get my door open for exiting and entering my car. My tyres were just outside the lines and I have received a parking charge. Do I need to pay it?

#2 RBM

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Posted 06 September 2012 - 03:43 PM

Are PCNs valid and must I pay a parking charge ticket. I have had new knees and need to have a wide space to get my door open for exiting and entering my car. My tyres were just outside the lines and I have received a parking charge. Do I need to pay it?


depend what PCN stands for ? if its a penalty charge notice issued by the council or their agents then yes, but you may get a dispensation if you explain ? If its a Parking charge notice issued by a private company on behalf of another private company tesco etc then no, for the time being at least, you can safely ignore these and any threatening letters that arrive

#3 joan3999

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Posted 09 September 2012 - 10:56 PM

Hi - it is a parking charge notice issued by a private company on a retail car park in Altrincham. Many thanks, I will ignore any correspondence.

#4 tjp

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Posted 21 September 2012 - 11:02 AM

It's worth noting that they keep threatening to take you to court.
Apparently, only 3 prosecutions have ever been brought, and the judge threw them all out.

tjp

#5 Joanne Tuppen

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Posted 21 September 2012 - 05:46 PM

really pleased i found this post, i got a parking charge notice and wrote to them telling them i only drove in, realised that i couldn't park there and drove out and they still want money.....i didn't actually say it was me....they still want my money......
thank you, you have saved me £60

#6 RBM

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Posted 10 October 2012 - 02:46 PM

as folk are reading this, it seems, i thought id update it with the new law

the '' freedom act as well as banning clamping has set up the legal principle that the RK s responsible for any lawful damages claimed in court by the PPC. This means that the prove who was driving element of the case is no longer playable. However all the other elements of challenged to a PCC ticket are available which mean the amounts commonly claimed aren't a lawful representation of the loss they incurred and therefore, they are still unenforceable in court

Edited by RBM, 10 October 2012 - 02:48 PM.


#7 RBM

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Posted 10 October 2012 - 03:50 PM

nb its also oth noting that there is an appeal process now in place ,which is free to you and the decision of which isnt binding on you and will have cost he PPC company 30 quid by that stage, to add to the money they haven't received from you, could work out expensive for them if lots of appeal are made

#8 Sectioned Detection

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Posted 10 October 2012 - 04:07 PM

Just read the part of the act that covers this. Make pretty scary reading. There's nothing in there to suggest they have to take reasonable steps to find out who the driver was.

#9 kayleighdiboll

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Posted 02 November 2012 - 02:10 PM

My partner lives in an apartment block which is private land, there is a designated car park for people that live there and that is the only way you can obtain a permit. Being a visitor, I don't have a permit and all of the surrounding car parks do not allow you to stay overnight and there is no public transport that goes anywhere near. Therefore I have no other choice than to park in a 'permit holders only' area.

So far I have received 9 PARKING CHARGE NOTICE's, and the letters to follow each of them up. They are demanding £140 for each separate occasion, which is absolutely ridiculous even though I am well aware I am in the wrong for parking where I shouldn't in the first place.

My question is, if it was just one occasion they probably wouldn't take it as far as court seeing as it wouldn't be worth it for them as it would cost more than what they would be taking me to court to claim. But seeing as there have been 9 instances, that adds up to over £1000 .. Would it then be worth it for them to take me to court? Or would they have to be looked at as separate cases in which they would have to take me to court 9 times for the 9 separate occasions?

I have ignored all letters so far, but in starting to think I wouldn't have much of a case if they decided to take it to court.

Any help would be appreciated,
Thankyou.

#10 SimonT

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Posted 02 November 2012 - 02:54 PM

Perhaps you might consider not parking there any more?
Its probably best to get in touch with a solicitor who specialises in parking issues. As its civil most officers, including me dont have a huge amount of experience.
Actually taking someone to a civil court is not that hard. Its the getting anything out of it thats the hard part

#11 kayleighdiboll

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Posted 02 November 2012 - 03:08 PM

I've stopped parking there whilst I figure out a more permanent solution, that's if there is one. I wouldn't have risked parking there in the first place if there was an alternative option. They're bound to have CCTV, therefore it would most likely be impossible for me to say I wasn't the driver at the time.

I will look into a solicitor that specialises in parking issues, thank you.



#12 RBM

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Posted 04 November 2012 - 05:51 PM

My partner lives in an apartment block which is private land, there is a designated car park for people that live there and that is the only way you can obtain a permit. Being a visitor, I don't have a permit and all of the surrounding car parks do not allow you to stay overnight and there is no public transport that goes anywhere near. Therefore I have no other choice than to park in a 'permit holders only' area.

So far I have received 9 PARKING CHARGE NOTICE's, and the letters to follow each of them up. They are demanding £140 for each separate occasion, which is absolutely ridiculous even though I am well aware I am in the wrong for parking where I shouldn't in the first place.

My question is, if it was just one occasion they probably wouldn't take it as far as court seeing as it wouldn't be worth it for them as it would cost more than what they would be taking me to court to claim. But seeing as there have been 9 instances, that adds up to over £1000 .. Would it then be worth it for them to take me to court? Or would they have to be looked at as separate cases in which they would have to take me to court 9 times for the 9 separate occasions?

I have ignored all letters so far, but in starting to think I wouldn't have much of a case if they decided to take it to court.

Any help would be appreciated,
Thankyou.

have you read the rest of the thread ? it wouldn't be worth taking you to court coz they wouldnt win, nor can they now do what they used to be fond of doing, which was clamping you, till you paid up, you can right off all tickets before the 1st of october completely, and put a formal appeal in for any after that, which will cost them 30 quid each and then see who gets bored first

#13 jans6165

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Posted 04 November 2012 - 09:14 PM

Hi I wonder if anyone can give me some guidance - I have just got back to my car to find a parking charge notice from a private parking company operating on behalf of the Iceland store. The shop was closed so I thought it would be ok to park there (silly me!) Anyway, they want £95 from me or will reduce to £47 if I pay within 14 days. I feel this is very unfair the local Council parking fines are only £50 reduced to £25 for early payment. I have noticed that the date is not comple ie the issuer has put the date as 4/11 but not put a year in although there is the box with year written at the side of it but this has been left empty. Does this make the Notice unenforceable? If so, do I appeal or just ignore it. Any help will be much appreciated.

#14 RBM

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Posted 04 November 2012 - 10:04 PM

Hi I wonder if anyone can give me some guidance - I have just got back to my car to find a parking charge notice from a private parking company operating on behalf of the Iceland store. The shop was closed so I thought it would be ok to park there (silly me!) Anyway, they want £95 from me or will reduce to £47 if I pay within 14 days. I feel this is very unfair the local Council parking fines are only £50 reduced to £25 for early payment. I have noticed that the date is not comple ie the issuer has put the date as 4/11 but not put a year in although there is the box with year written at the side of it but this has been left empty. Does this make the Notice unenforceable? If so, do I appeal or just ignore it. Any help will be much appreciated.

please read thread from begining

#15 tjp

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Posted 19 November 2012 - 06:19 PM

I've stopped parking there whilst I figure out a more permanent solution, that's if there is one. I wouldn't have risked parking there in the first place if there was an alternative option. They're bound to have CCTV, therefore it would most likely be impossible for me to say I wasn't the driver at the time.

I will look into a solicitor that specialises in parking issues, thank you.

Hi I wonder if anyone can give me some guidance - I have just got back to my car to find a parking charge notice from a private parking company operating on behalf of the Iceland store. The shop was closed so I thought it would be ok to park there (silly me!) Anyway, they want £95 from me or will reduce to £47 if I pay within 14 days. I feel this is very unfair the local Council parking fines are only £50 reduced to £25 for early payment. I have noticed that the date is not comple ie the issuer has put the date as 4/11 but not put a year in although there is the box with year written at the side of it but this has been left empty. Does this make the Notice unenforceable? If so, do I appeal or just ignore it. Any help will be much appreciated.


Hi Both,
I'm neither a lawyer, Police Officer, or Traffic Warden, but:

This whole "taking you to court thing":
They would be suing for damages: ie they're saying that you stopped them from using that parking space for X hours, and therefore they've lost Y amount of money because of it.
Now, if the store's closed, I find it hard to believe that they'd convince a judge that you'd somehow lost them £95 by parking there, and if it's a free car park anyway (in the case of the flats), then how can you have lost them any money?

This whole "Parking Charge Notice" thing: legally, it's just a letter saying "you parked on my land, and I didn't want you to; please will you pay me £X by way of compensation".
It's the legal equivilent of me asking if you'll buy me another drink because you've spilt mine all over me.
Of course, in the drink example, it'd be a bit rude of you not to - but you're not breaking any law if you say "No, sorry - your glass was pretty much empty, mate..." and walk off....

Personally, I'd ignore the PCN - they'll never take you to court, (because/and) if they did, they'd never win (or certainly not for £95?!)
(But please read the bit at the top where I say I'm not a lawyer or a Policeman...)

Tjp

Edited by Bart, 19 November 2012 - 06:50 PM.
at poster's request


#16 znra251

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Posted 19 November 2012 - 09:31 PM

Hi - it is a parking charge notice issued by a private company on a retail car park in Altrincham. Many thanks, I will ignore any correspondence.


THIS CHANGED IN THE RECENT LEGISLATION WHICH MADE CLAMPING ILEGAL. It seems to have made the owner legally responsible for fines incured including private PCNs!

I don't think we can ignore them any more

#17 gripper

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Posted 19 November 2012 - 09:58 PM

Ignore them, until they send a summons.

#18 Juliet_bravo

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Posted 19 November 2012 - 10:01 PM

Martin Lewis reviewed this query on TV the other week check out his site gives u steps on what to do.

#19 znra251

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Posted 20 November 2012 - 08:40 PM

anyone giving the advice to ignore these while that was very true until recently it isn't necessarily the best advice now as the government passed legislation which makes the owner responsible for payment of these not the old way whereby the driver was responsible and it was contract law which could be ignored unless the driver was known.

Worth considering a new approach in light of this law change

#20 Juliet_bravo

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Posted 20 November 2012 - 09:56 PM

Exactly agree with above post as it was on TV recently as previously mentioned in other post




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