Parking fines

D

DaveHerns

New Member
If as I understand parking penalties for parking on private property are not enforceable , how can it be legal for parking companies to try to collect such fines ? Isn't it obtaining money under false pretences?
 
They can ask you for payment, it's just that legally they're not able to force you, but there's nothing to stop them asking. If you were taken to court over it, firstly they would have to prove you were in charge of the vehicle at the time, and secondly, all they could claim for was the amount they lost in fees for the time you overstayed.

Any or all of the above may or may not be complete b*ll*cks, but I have been watching re-runs of Rumpole of The Bailey, so I think that probably puts me on an equal legal footing to the parking companies.
 
Private car park fines are completely unenforceable and thus far no one has ever been taken to court.

Martin Lewis's money saving expert website has all the details including samples of the letters that all the private companies send out. Ignore them all.

Whatever you do, don't confuse them with local authority parking fines. These are completely enforceable and they will take you to court for non-payment.

Dave
 
harveyp6 said:
Any or all of the above may or may not be complete b*ll*cks, but I have been watching re-runs of Rumpole of The Bailey, so I think that probably puts me on an equal legal footing to the parking companies.
Click to expand...

Far in front of them, I would say. :mrgreen:
 
It just seems wrong they can ask you to pay fines which cannot be legally enforced]
Still , I suppose it's not as big a con as the payday loan companies which seem to be left to carry on unregulated
 
They may call them "fines" but that's only so people think that they have to pay them. All the paperwork is deliberately made to fool you into thinking it's a legally enforcable PCN, which it isn't.
 
So where do you stand when they clamp your car and ask for a heavy release fee?

This is operated at a shopping complex not far from me.
 
Clamping of cars on private land has been a criminal offence since October 1st last year, the relevant legislation is Section 54 of the Protection of Freedoms Act 2012. Northern Ireland may be different though.
 
Talago said:
So where do you stand when they clamp your car and ask for a heavy release fee?

This is operated at a shopping complex not far from me.
Click to expand...

Tell them to release your car immediately, otherwise they shall be hearing from your mate Harvey of the Bailey :D .
Seriously, even if it's debatable that they operating within the law they probably gamble on people coughing up the "fine" rather than go to the trouble and expense of taking any legal action.

http://www.bbc.co.uk/news/uk-19782680
Wheel-clampers have been outlawed from clamping vehicles on private land under new legislation in England and Wales.

The Protection of Freedoms Act makes it an offence to clamp on private land.

The law does not affect Northern Ireland, and clamping and towing away on private land has been banned in Scotland since 1992
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Going by the consultation response in August 2012 from the NI Dept of Justice, it looks like the clamping on private property in NI may still be legal.
http://www.dojni.gov.uk/index/publi...ustry---response-to-consultation-document.pdf
page 40 says:
8.9 The DOJ recognise that this is an important issue, especially since
Northern Ireland is now the only region of the United Kingdom where vehicle
immobilisation (or wheel clamping) is a legal activity. In acknowledgement of
this, the Department proposes to subject this issue to further consideration.
An options paper outlining the issue and proposals for the way forward is
being prepared. This paper will take into account the research carried out in
late 2011, the responses to the consultation document, the outcomes of the
focus group and discussions with the SIA and other key stakeholders. The
Justice Minister will have the opportunity to consider this paper as part of his
decision making process.
Click to expand...
I did a quick Google but couldn't find the options paper referred to? Like all good Government doc's they maybe neglect to mention any target date for publication :roll: .
 
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