not applicable - Private Parking Charge

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Sat 19 Nov 2011 11:03
not applicable - Private Parking Charge - Peawet

Hi, I just received a PPC from a company called OPC stating that I stayed on a car park for 20 minutes longer than the maximum stay. They state they have photographic evidence of me entering and leaving. The fine is for £100, £50 if I pay within 14 days (this increase/discount surely can't be legal). The car park is a free car park. Is this illegal as I did not think company's could isue fines unless backed by a court judgement? If it is legal, then surely as the car parking is free then they have not suffered a loss anyway and have nothing to sue me for? The letter threatens court action if no payment is received in 28 days. The letter is on bright yellow paper and looks official. It has a BPA stamp on it. The fee seems extreme for 20 minutes overstay in a free car park , and on a day when it was not very busy. Have you any advice you can offer?

NB: I went back and had a look at the site and there is a sign at the entrance - I did not notice it when parking - it does clearly say max stay 3 hours/free car parking, it only details that a parking charge will be issued if fail to comply in very small writing at bottom of sign.

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Sat 19 Nov 2011 11:30
not applicable - Private Parking Charge - RT

As long as it's not a council car park you can safely ignore it.

It's not a fine or a penalty, despite it's appearance. It's an invoice - they can't prosecute you for not paying it but they could theoretically sue you but only for the revenue they lost, not for any penalty. The registered keeper's under no obligation to name the driver and they can't sue anyone they don't know

Important thing is not to answer - they'll carry on hounding you if you respond in any way.

None of the above applies if it's a council car park or you're on the public highway - those tickets have teeth !!

Edited by RT on 19/11/2011 at 11:31

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Sat 19 Nov 2011 12:02
not applicable - Private Parking Charge - Peawet

what about Protections of Freedom Bill 2011 as this appears to be allowing PPC companies to seek debt from registered keeper - due to be introduced in 4/12 - and not the driver.

My main point is that regardless of who is driving surely they can not seek damages for parking 20 minutes longer in a free car park? What loss are they claiming for?

Just to clarify it is private car park and free parking for customers of retail park.

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Sat 19 Nov 2011 12:11
not applicable - Private Parking Charge - RT

That's not the current law - many have concerns about the effect of that bill going through.

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Sat 19 Nov 2011 13:36
not applicable - Private Parking Charge - bonzo dog

The owners of the car park are inviting you to park there, subject to certain conditions.

By parking there it is deemed that you have entered into a contract with the owners - THEY let you park there, YOU abide by the conditions.

If you fail to abide by the conditions then you have broken the contract, for which they can sue you to recover damages

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Sat 19 Nov 2011 13:58
not applicable - Private Parking Charge - Dwight Van Driver

You have one of two options:

(1) Pay, or

(2) The 'contract' is between the DRIVER and the Company. To take Court action they have to prove who the DRIVER was. As stated there is NO obligation at law for the Reg Keeper to disclose who that driver was. You can, if you are so disposed, not respond to that demand in any shape or form or send payment. Be aware that you will be the reciepient of more demanding/threatening letters which can also be ignored unless accompanied by a County Court summons if they chance their arm on a dodgy expensive claim just for a few coppers.

As stated when the new Act comes into force next year (second reading recently) they will have the power to chase the Reg Keeper for the monies.

dvd

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Sat 19 Nov 2011 18:40
not applicable - Private Parking Charge - Bromptonaut

EDIT posted in error was confusing Localism Act and Protection of Freedoms Bil.

Edited by Bromptonaut on 19/11/2011 at 18:44

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Sun 20 Nov 2011 10:11
not applicable - Private Parking Charge - ifithelps

Ignore - it's nothing more than a scam invoice.

But be prepared for several threatening letters.

Even under the new Act - which cannot apply retrospectively to your case - the parking companies can only recover damages.

No private company can fine the individual.

The damages can only be the advertised cost of the parking not paid for.

Where there are no parking charges, it is difficult to see what damages the landlord suffers by someone staying for more than two hours.

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Mon 21 Nov 2011 12:06
not applicable - Private Parking Charge - Peawet

I went back to the car park and on one of the signs it does state that if you overstay you will be charged £100, £50 if paid within 14 days and another £300 will be added after 28 days. Does this count as an advertised charge?

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Mon 21 Nov 2011 22:43
not applicable - Private Parking Charge - concrete

Ref: Protection of Freedoms Bill- everyone please write to your MP, the Minister for Transport, the Prime Minister and anyone else you can think to get this Bill amended to prevent these private parking scammers getting the powers they crave. Also sign the e petition which HJ supports. Don't sleep walk into having your legal rights eroded by this lobby group. Best to all. Concrete

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Tue 22 Nov 2011 00:59
not applicable - Private Parking Charge - ifithelps

I went back to the car park and on one of the signs it does state that if you overstay you will be charged £100, £50 if paid within 14 days and another £300 will be added after 28 days. Does this count as an advertised charge?

It might under the new legislation, but that doesn't apply in your case.

You can safely ignore this 'ticket'.

But as I said, you will get a stream of threatening letters.

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