Private eye parking charges

[Petemcc]

I work away from home regularly and have done for a number of years and often slept in my vehicle (converted van with bed etc) in service stations with no problems.

This year, as kids are now older i have started working away from home again and into the routine of service stations for showers, safe place for the night etc.

I didnt notice the tiny signs posted allerting to the use of ANPR and PCNs for non payment. I park in the middle and grab wash bag, shower then sleep!

Are these charges enforcable? Ive had a few through the door now and i did see on watchdog on bbc1 to ignore them, but id like to make sure im doing right thing

Anyone knowledgable on these?

thanks in advance

[brummie]

Re: Private eye parking charges

Hi.

I would strongly suggest you do not ignore these charges, as it may well be you have parked up on a site and not conformed to whatever the sign says.

when you say a few,....

Maybe somebody else could advise on the watchdog thing?

[labman]

Re: Private eye parking charges

It's a tricky one at the moment as the law has just changed, so there is little to go on. Some are saying a Parking Charge Notice can be ignored safely still arguing the contract law line. Others argue that they should be paid. Until we hear the outcome of some court cases, it is very difficult to advise. The line this site is taking pending any reliable source providing anything different, is that they should be paid.

However - if it is definitely a Parking Charge Notice, and it was incurred BEFORE October 1st, you should be safe to ignore it.

[Petemcc]

Re: Private eye parking charges

They were before october, did the law change?? i didnt notice that they had started charging! i think thats awful for truckers and long travelling people stopping for a rest.

[Petemcc]

Re: Private eye parking charges

they definately parking charge notices, from moto service stations

[labman]

Re: Private eye parking charges

NOT Penalty Charge Notices? These are a totally different beast. If Parking Charge Notice incurred before October 1st, you should be safe to ignore. You are likely to get a series of increasingly nasty letters threatening you with court etc... but they do eventually stop. I believe Money Saving Expert actually has the letters in the order you receive them posted up on their site.

[labman]

Re: Private eye parking charges

Although the first thread in the link below is dated 2009, it has actually been updated to include and reflect the new legislation. It is by far the best advice I've seen so far. A link has been added to our Parking Offences section in the Bailiff Forum so people can at least make an informed decision:

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

[bluebottle]

Re: Private eye parking charges

From what I have read in the Protection of Freedoms Act 2012, the only charge PPCs can legitimately enforce are fees for parking, e.g. £1.20 for 2 hours. Any so-called "Parking Charge Notice" has to be proven NOT to be a penalty, otherwise the courts will tell the PPC to go whistle. In addition to this, the PPC has a number of legal hoops to jump through before they can proceed to court. Parliament has not given it to these parasites or landowners on a plate.

[alham]

Re: Private eye parking charges

Although the first thread in the link below is dated 2009, it has actually been updated to include and reflect the new legislation. It is by far the best advice I've seen so far. A link has been added to our Parking Offences section in the Bailiff Forum so people can at least make an informed decision:

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

Any chance this link can be made sticky? Very useful

[labman]

Re: Private eye parking charges

Any chance this link can be made sticky? Very useful

If you look in the Bailiffs' Guide under 'ParkingOffences' which is where people tend to be pointed when they have a problem, you'll see it is already stickied in there. I believe there are people working hard behind the scenes to ensure LB members get the very best and very latest information possible. The legislation regarding this is still only a fortnight old!

@ Bluebottle - What you say is pretty accurate, but for the 'consumer' there are also hoops that should be jumped through to protect themselves. If you haven't already done so, have a read of the link, it's interesting.

[ploddertom]

Re: Private eye parking charges

Suggest you Google for Parking Eye v Somerfield, the other Forums have a lot of this recent Court of Appeal case listed but didn't want to pinch their links.

[labman]

Re: Private eye parking charges

Different though in that Somerfield held a contract with Parking Eye which they unlawfully terminated 3 years early, hence the £350K award to Parking Eye.

I think that is very different to me or you parking in a car park with no signed contract. Certainly prior to October 1st it was safe to ignore the demands, and the fact remains only 14 people were taken to court last year over this issue.

Much of the consensus seems to be that Parking Eye will actually be the long term losers as their big clients will be reluctant to contract with them.

[pepsie]

Re: Private eye parking charges

Different though in that Somerfield held a contract with Parking Eye which they unlawfully terminated 3 years early, hence the £350K award to Parking Eye.

I think that is very different to me or you parking in a car park with no signed contract. Certainly prior to October 1st it was safe to ignore the demands, and the fact remains only 14 people were taken to court last year over this issue.

Much of the consensus seems to be that Parking Eye will actually be the long term losers as their big clients will be reluctant to contract with them.

ypu have to look past that and see the other bits whereby they were found to be using - at best - misleading letters. The Judgment handed down was for more than the £350k damages.

[alham]

Re: Private eye parking charges

The important change from 1st of October it is the registered keeper becomes responsible BUT it is still a contract so charges have to be reasonable and proportional to expenses. AND NOT a penalty

[labman]

Re: Private eye parking charges

ypu have to look past that and see the other bits whereby they were found to be using - at best - misleading letters. The Judgment handed down was for more than the £350k damages.

Indeed - I think it was the 3rd and 4th letters which were found to be misleading. In fact misleading is an understatement! A painful experience for Somerfield though, and I have little doubt other retailers will be thinking carefully now.