The Don Posted 29 July 2014 Posted 29 July 2014 As far as I can remember you cannot actually be fined. This is a contact dispute and all they can do you for is breach of contract. And as it's breach of contract the courts can award the car parking firm an amount that they have lost out on due to you parking there. So if you overstayed an hour they would charge you 1 hrs parking. As this is free, then they cannot charge you anything. The onus is also on them to prove everything as they are making a case against you.
DANGEROUS TIGER Posted 30 July 2014 Posted 30 July 2014 It's not the cost of parking that's in dispute - it's the time limit. They have a time limit so people only go there to use the facilities there and not park for work all day or to go to the football. If they didn't enforce it then the car park would be rammed on a matchday. I really don't see what the issue is and why you don't just pay and learn from it. I have to agree with this. You know you overstayed, so what's the problem? Pay up, and put it down to experience. At the end of the day, the blame is yours.
ADK Posted 30 July 2014 Posted 30 July 2014 I have to agree with this. You know you overstayed, so what's the problem? Pay up, and put it down to experience. At the end of the day, the blame is yours. So how much do you deem acceptable. ? £1, £10, £100, £1000?
dsr-burnley Posted 31 July 2014 Posted 31 July 2014 Most contracts in this country aren't signed. You go into the ticket office, you buy a ticket for the next home game, and then the club decides not to play it because they want a friendly in Abu Dhabi instead. So you ask for your money back, and the club says "you can't have it, you didn't sign anything so there's no contract". It wouldn't stand up. When it comes to court, this is a civil matter, not a criminal matter. So it's on balance of probabilities, not on beyond reasonable doubt. The parking company has to persuade the judge that on balance of probability, you agreed the contract.
Strokes Posted 1 August 2014 Posted 1 August 2014 Most contracts in this country aren't signed. You go into the ticket office, you buy a ticket for the next home game, and then the club decides not to play it because they want a friendly in Abu Dhabi instead. So you ask for your money back, and the club says "you can't have it, you didn't sign anything so there's no contract". It wouldn't stand up. When it comes to court, this is a civil matter, not a criminal matter. So it's on balance of probabilities, not on beyond reasonable doubt. The parking company has to persuade the judge that on balance of probability, you agreed the contract. You sign a contract, to prove you accept and understand the contract. If you don't sign the contract, this has to be proved by a different method, which is nigh on impossible. Especially in this scenario.As regards tickets etc, I'm pretty sure that's more down to regulation,and your part of the contract is often printed on the ticket, making the whole thing much easier should a breech be in place.
AlbertFox Posted 1 August 2014 Posted 1 August 2014 You sign a contract, to prove you accept and understand the contract. If you don't sign the contract, this has to be proved by a different method, which is nigh on impossible. Especially in this scenario. As regards tickets etc, I'm pretty sure that's more down to regulation,and your part of the contract is often printed on the ticket, making the whole thing much easier should a breech be in place. If you don't physically sign a contract there are numerous other ways that the law will consider to be your acceptance of the terms of the contract. In this case the contract terms would be deemed to have been accepted by the conduct of the car owner i.e. by the car being parked there....on multiple occasions. In terms of sale of tickets, I think that is covered by the law of contract and the Sale of Goods and Services Acts. As for terms on the back of a ticket, they may or may not be valid dependant upon when the terms were considered to be introduced into the contract, which in turn depends upon the point at which the contract was considered to be made. If the ticket is handed out after the contract was made (offer, acceptance, consideration and intention to create legal relations) the terms would have been introduced after the contract was made and could be considered to be outside the contract. However, you then get into the course of dealings argument which says that standard terms can become applicable in the contract if there is a history of the same style of contract being entered into between the parties (i.e. buying match tickets for the majority of the games during a season).
kingcarr21 Posted 1 August 2014 Posted 1 August 2014 Just read through this dilemma you have Vlad. Bit shit there taking you to court but bottom line is you should of acted on it when you got the first notice by not parking there. Dont mean to sound harsh but its your own stupid fault for continuing to park there when you knew full well you werent supposed to. Years ago i was getting hassled with CCJ's and its not nice being involved in that. Hope you get it sorted
Steven Posted 5 August 2014 Posted 5 August 2014 Somebody still trying it on. http://www.dailymail.co.uk/news/article-2716193/Rail-commuters-hit-40-000-bogus-parking-fines-Pirates-accused-demanding-money-commuters-using-wrong-law.html
David Guiza Posted 5 August 2014 Posted 5 August 2014 Anyone ever had one from abroad? Got a letter the other day from the car hire company charging me 30euros for passing on the information to the relevant authority for a speeding fine, apparently doing 140km/h in a 120km/h zone. No idea whether I'll receive the ticket, or it'll be dropped etc.
Vlad the Fox Posted 29 August 2014 Posted 29 August 2014 Just an update. It appears that parkingeye have crumbled under my legal might as this has been settled without costing me a penny. Not quite sure what happened as the court told me the parkingeye (the claimant) have settled it in full themselves. How a claimant pays their own claim I don't know but anyway I'm off the hook and my wallet can breath a sigh of relief. Special thanks to ADK as the forum he linked was very helpful.
kingcarr21 Posted 29 August 2014 Posted 29 August 2014 Just an update. It appears that parkingeye have crumbled under my legal might as this has been settled without costing me a penny. Not quite sure what happened as the court told me the parkingeye (the claimant) have settled it in full themselves. How a claimant pays their own claim I don't know but anyway I'm off the hook and my wallet can breath a sigh of relief. Special thanks to ADK as the forum he linked was very helpful. Thats excellent news Vlad . Glad it didnt escalate to much for ya.
Sir Fynwy Posted 29 August 2014 Posted 29 August 2014 Anyone ever had one from abroad? Got a letter the other day from the car hire company charging me 30euros for passing on the information to the relevant authority for a speeding fine, apparently doing 140km/h in a 120km/h zone. No idea whether I'll receive the ticket, or it'll be dropped etc. I drive hire cars in Europe a lot, I've only ever been chased for 1 fine but that was 18 months after the offence and in Italy, I was advised to pay (€250) otherwise I could be arrested on the spot if I was pulled over by the Italian police whilst driving. Most countries have a 1 or 2 week limit to inform the offender so don't bother with sending anything to foreign drivers who will most likely ignore the letter anyway.
Sir Fynwy Posted 29 August 2014 Posted 29 August 2014 Just an update. It appears that parkingeye have crumbled under my legal might as this has been settled without costing me a penny. Not quite sure what happened as the court told me the parkingeye (the claimant) have settled it in full themselves. How a claimant pays their own claim I don't know but anyway I'm off the hook and my wallet can breath a sigh of relief. Special thanks to ADK as the forum he linked was very helpful. There is a case going through appeal at present that is likely to strengthen the case for parking companies but until it is concluded they are probably playing things safe.
Filbert_Ross Posted 29 August 2014 Posted 29 August 2014 I got a parking ticket for overstaying in a MFI car park. Did my research and ignored all the letters which got more and more threatening. Ignored the phone calls then I never heard anything again after I while. I'm sure I read at the time that not one person has been prosecuted for a private parking ticket like this.
Vlad the Fox Posted 29 August 2014 Posted 29 August 2014 I got a parking ticket for overstaying in a MFI car park. Did my research and ignored all the letters which got more and more threatening. Ignored the phone calls then I never heard anything again after I while. I'm sure I read at the time that not one person has been prosecuted for a private parking ticket like this. To be honest that is usually sound advice and nothing ever comes of it, but parking eye have started taking thousands to court even though it costs them more than the charge and they lose the majority of cases. There is a case going through appeal at present that is likely to strengthen the case for parking companies but until it is concluded they are probably playing things safe. Is this the beavis case? I've read somewhere however that if they lose the appeal it will hammer the power of private parking company's which is why they never usually take cases they lose to an appeal.
Sir Fynwy Posted 29 August 2014 Posted 29 August 2014 To be honest that is usually sound advice and nothing ever comes of it, but parking eye have started taking thousands to court even though it costs them more than the charge and they lose the majority of cases. Is this the beavis case? I've read somewhere however that if they lose the appeal it will hammer the power of private parking company's which is why they never usually take cases they lose to an appeal. That's it, the thing is the private parking company won in the lower court and if they win the appeal it will strengthen their powers.
ADK Posted 29 August 2014 Posted 29 August 2014 According to the law they have no right to charge penalties. I'm a bit suspicious though, especially as Capita recently bought ParkingEye for £57 Million.
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