Didn't think private parking guys worked early on a Sunday...

[Curlyben]

Re: Didn't think private parking guys worked early on a Sunday...

Basically, the situation, as I see it, after reading the legislation, is that a PPC can only recover parking fees due under a contract, i.e. Pay & Display, plus the actual cost of recovering the parking fees due. They are NOT permitted to attempt to levy anything that amounts to a penalty. £50 or £100 for sending a letter cannot, by anyone's standards, be regarded as "reasonable business expenses". In any case, there is already legislation dealing with payments that amount to penalties. The BPA is a trade association and not a government department or agency. It is not for them to say what PPCs can claim. That is why the law makes it clear that it must be reasonable business expenses only and not penalty.

And I have never argued that opinion at all. In fact the same has been borne out in court as well.

[labman]

Re: Didn't think private parking guys worked early on a Sunday...

Seriously REREAD EXACTLY what you wrote:

What you have said here is extremely misleading. Sorry - it should have been a new paragraph. I actually think it reads fine still, but take your point.
It implies that if a PPC is a member of the BPA they are entitled to "charge" £100 for these transgressions. See above

Just because they claim, or even are, BPA members does NOT mean the charges have any validity in law.
They STILL rely on implied contract, which we know is sorely lacking.. If you read the whole thread, I have made EXACTLY that point in post 69 already. I thought a thread was an ongoing discussion not a single post!

If a PPC want to reply on this contract route then there are requirements that they MUST comply with.
The simplest of which would be the use of a barrier or other physical control system..Again pretty much covered under post 69

Accuracy is paramount.

As regards your statement, Accuracy is paramount" I agree. You stated clearly and IN CAPITAL LETTERS, "that's UTTER TRIPE" having quoted my entire post. Had you made it clear which bit you were commenting on, we would not be having this discussion. As you rightly say, accuracy is paramount and works for all posters!:beagle:

It is clarified for both you and I now, and at least has enabled me to state an example of where it is sensible to appeal (only one example mind, there are plenty more!)

Maybe in future we will both pay more attention to our accuracy.

It's a tricky one, as if we were to pick everyone up on the slightest possible misunderstanding, and it still reads fine to me, the site would be a pretty unpleasant place. I'll come up with examples if you wish.

As I say, we both learn to be clearer just from this discussion which is good. Thanks for drawing it to my attention, albeit in a rather blunt and inaccurate manner. :beagle:

[bluebottle]

Re: Didn't think private parking guys worked early on a Sunday...

And I have never argued that opinion at all. In fact the same has been borne out in court as well.

And don't Parking Eye, OPC and VCS know it.

[Dirac]

Re: Didn't think private parking guys worked early on a Sunday...

So to summarise, what has changed in the method of dealing with PPCs since 1st October?

I have a Parking Charge Notice received on private land belonging to my university, and patrolled by a local parking scam company who are members of the BPA.

I actually got the ticket whilst I was queuing to get change to pay at the machine, and proceeded to do so 11 minutes after the PCN had been put under my wiper. I would actually quite happily pay for the 25 minutes I was parked there if I could, but I have no intention of paying £60.

[bluebottle]

Re: Didn't think private parking guys worked early on a Sunday...

That is unfair practice on the part of the PPC. Not even a local authority civilian enforcement officer would be so stupid (or bent) as to do something like that. (If you know differently, please post up.). Did you pay the parking fee, or were you prevented from doing so? All the PPC is entitled to claim is the parking fee at pro rata of the hourly fee. They are not entitled to claim £60. It is disproportionate and amounts to a penalty.

[labman]

Re: Didn't think private parking guys worked early on a Sunday...

So to summarise, what has changed in the method of dealing with PPCs since 1st October?

I have a Parking Charge Notice received on private land belonging to my university, and patrolled by a local parking scam company who are members of the BPA.

I actually got the ticket whilst I was queuing to get change to pay at the machine, and proceeded to do so 11 minutes after the PCN had been put under my wiper. I would actually quite happily pay for the 25 minutes I was parked there if I could, but I have no intention of paying £60.

Have a read of the link here:

http://forums.pepipoo.com/index.php?showtopic=46975

It is extremely clear, and ultimately only you can decide what to do. If it's not a hire car or company car, then I would ignore it and any future correspondence. They will threaten all sorts, but IMO they are highly unlikely to follow action through.

As I say, the link is very clear, so have a read and make your own mind up. Either way, £60 is a penalty in my book as BB says above.