Thanks - will have a look at the website suggested

Exactly. A parking company can only issue a Perking Charge Notice, which is on the basis of a breach of "Contract" details posted on signs in the car park There are sometimes dressed with chequered edges to make the look "Official". To get any money from you they need to take you to court and prove they have suffered a financial loss. I think OP overstayed by 15 minutes in a half empty car-park which was free for 2 hours. Hard to prove mush loss there!

"It looks very legit ( header/ boarder/ back icon/ real contact details etc)..."

Depends what you mean by that. The letter is designed to look convincing so as to get you to react; it doesn't mean that it carries any legal force.

I suggest you look at www.pepipoo.com

It seems that Gladstones (which are a genuine firm of solicitors, as far as I can tell) are prepared to be a part of the intimidatory practices of parking companies - and for which they no doubt get paid handsomely.

You do not detail your situation and it's difficult to comment beyond the above generalisations.

Hi I have received and unsigned, cheap paper quality letter from Gladstones also.

I parked in the rain on a road, during a Thunderstorm in between several already parked cars, and did not see private parking signs either end of the road that night, I parked in the middle of the road next to waste ground covered in rubbish in between 2 vehicles, we parked at 6.15pm ticket placed at 6.20pm we all received tickets. The email address on the ticket did not exist, so I looked up the company online AS Parking. When I received notification of a fine, I emailed the company, I went through there appeal process, and of course was denied. I responded I will only pay if instructed to do so through a court, as TV advice is not to pay unless police or council, the road I parked on, is not identified with any road markings for permit holders, as shown in other areas, the signs states, no parking outside of single marked bays, We did not see the sign and there are no road markings indicating permits bays at all, I sent photos to this effect. The road I parked on is identicle to the oposite side of the road , where there are no parking restrictions, we did not know this, as the road was full of cars both sides, when we arrived, we parked in the only gap.

I think we have done enough to show we have tried to explain the situation, I stated I felt they are duping people into parking only to place charges. I had not denied them of any fees nor was the land blocked from entry, I now park a cars width away from the pavement in the road, to avoid tickets, like other cars also do, which is ridiculous but is apparently the public highway as there are no lines there is no reason not to. It just seems strange why you would build a road to look identicle both sides and can see no reason for denying parking on one side. I have asked to be told who owns the road, or the land they have their signs on and was replied, we have no dealings with the land owner, so wondered and questioned how they are allowed to put signs on the land regarding charges. I am intending ignoring the solicitors letter, as it is not signed, and no name upon it. If I go to court I will take the pictures and hope someone sees this for what it is.

Edited by Bemused123 on 09/07/2016 at 01:00

Gladstones are taking me to court on July 5th for my refusal to pay a £60 charge for a 4 minute stay in a permit holder only car park. I have done a lot of research, and this is how I see it.....Under contract law, a parking management company cannot fine you for a breach of contract. They can only seek to recover their losses as a direct result of that breach. Generally, they will have lost nothing more that whatever charge you haven't paid to park, which could be nothing at all if you overstayed in a free car park. However, if they have the correct signs, in the correct place, ie. the car park entrance, then things will be different. The sign will say that there will be a £?? charge if the parker does not satisfy the conditions etc....this is then not a fine, but a charge, the cost of parking, and a binding term of the contract, the same as if they just said....parking here costs £?? right from the outset. There may be an argument that the charge, normally £60 plus, is an unfair term or condition in a contract, but this would be a risky defence, as what is fair could be conceived differently by different judges, and it is likely the amount will be within the guidelines set out by The BPA code of practice. In Beavis vs Parking Eye, the court found that £85 was an acceptable charge under the circumstances, so be careful fighting a ticket with this defence.

Is appointment on 05 July a full Small Claims hearing before a District Judge?

There's some useful guidance here:

www.citizensadvice.org.uk/law-and-courts/legal-sys.../

It's written from perspective of claimant but not difficult to adapt and apply to position of a defendant.

Is there anything in the signage etc that might provide you with a defence? In your shoes and if I thought there was I'd be tempted to attend in person and make my case.

If I ever ever ever consider taking a case to court again ever, please just somebody slap me. If, like me, you spend literally hours and hours.....probably days in total, researching every avenue, and knowing your case inside and out, and all of the supporting cases from history, then you have completely wasted your time if you walk into the court without a legal representative, as you run the risk of the judge showing you zero respect whatsoever, and simply dismissing every valid point that you raise.

The oponent in my case, A M Parking of Maidstone, issued me with a ticket which was a copy of a statutory notice, and therefore misrepresentation of authority, it was completed incorrectly, as it did not show a period of parking in accordance with the requirements of POFA. Their agreement with the land owner was dated prior to my ticket by a year, and could not be proven to have been current at the time of my ticket, nor did it show any mention of authority for the parking company to issue tickets, collect fines, or issue proceedings. There was no mention of any authority from the permit holder owner of the space concerned. There were also no signs whatsoever in the carpark entrance.

The judge pretty much started by saying this would be dealt with quickly, as he had a long list of cases today. He dismissed the BPA code as worthless, and said he would assume that the parking company had all of the relevant authorities, even though there was no evidence. He didn't seem interested that there were no entrance signs.

I lost......the p*** was taken out of me. I feel 100% sure, that had I had the support of a solicitor, I would not have been treated so badly. The law is for the wealthy.

Be warned.

What did you end up having to pay Titan?

No...I read all of your information Davey, thank you, and feel I presented myself well.......I parked in a permit holder space, because without a sign, I didn't know what the rules were ! The total cost was only £213.....so not life changing......it's just the dismissive attitude of the judge that urks so !

I don't think the Judge is being dismissive, they simply don't like having their and court time wasted for no good reason.

You may believe your evidence was watertight but the judge obviously didn't. That's his role.....suck it up!

I am also of the belief we are not hearing the full story . if you have knowingly admitted at some point you have done something that you think may be wrong you may have well as said guilty! And simple common sense tells us that if you have doubts over the legality of a parking condition you don't do it until the doubt is removed.

Of course the advantage of full representation is that your advocate will also tell you WHAT NOT to say.

And.......is anyone else 'getting' sour grapes?

please could someone give me an isight as to where i stand with my pcn. the reason to why i did not originally pay for the parking was because the parking machine was out of order so i could not get the ticket to put in my windscreen.

thanks

The magistrates courts are a joke and openly unjust, you are right that without a lawyer they will not take a blind bit of notice of any evidence put before them, it's a boys club law and unless you are in the club forget it. They have all but abolished legal aid, so thats another knife in the back of working people who earn too much to qualify but not enough to pay legal fee's.

Cpmpanies and councils try and make it look all legal and from the courts, the only way to find out if its really from the courts is to take it to the magistrates court and ask them if its from them, the poll tax people sent me one years ago, and even RENTED A COURT ROOM in the magistrates court, when I asked the court clerk she said it had nothing to do with them,

I am not a court officer mate I drive a hgv. or did I misunderstand your first sentence.

The case in question was not actually mine but a bloke I was hanging around with, a friend of a friend, of a friend, anyway I went to the case to see for myself, so called justice at work ?

The police where clearly lying, and simply said I dont recall when clearly they did, also the judge allowed the guy to be referred to as thug 1 by the police, also their notes from which he read contracted the other officers notes, and missed out some information that could have helped the guy being charged.

In short you could have driven 3 arctics through the holes in the police evidence but he still got convicted. And yes he had a barrister.

But the courts and the police are 2 fingers on the same hand and most judges, in whatever court will believe whatever bull the police tell them.

Edited by 30 yr's a Professional Driver on 13/02/2018 at 22:13

I was there when the machine wasn't working i think i saw you there to. Kjp 123 . See my thread below . Ignore all they won't turn up at court and it will be thrown out like mine was . Just received court letter saying they have throw it out .hope this helps . Don't let tgem bully you