Omega Owners Forum
Chat Area => General Discussion Area => Topic started by: dbr on 13 December 2012, 16:28:44
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http://www.youtube.com/watch?v=XAIcdi9niHA If it's a Private Parking Company notice then just bin it and forget it. Ignore all the tat they send through the post and they'll eventually get the message
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yep, thanks to sound advice here that put my mind at rest, that proved to be correct in my case. :)
didnt click the link btw
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that is untill they goto county court and the charges mount up and the county court bailif turns up and takes your car or goods to the value of...just like our parking company will and have done ,much better to park somewhere you wont get a ticket
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...like in a CAR PARK at B+Q you mean?
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Beware that video is out of date, the law changed in October 2012. Now they don't have to find the driver; they can claim from the owner even if they don't know who the driver was. They do have to follow strict new procedures though.
Since October the best defence is to either prove you didn't see a sign or establish that you couldn't reasonably be expected to see the sign, or that it is not resonable to think that their sign relates to where the car was parked. Therefore you have not entered into a contract with them. Vine against London Borough of Waltam Forest indicates that to establish a contract you would need to demonstrate that the car driver actually saw and understood the significance of a warning notice or notices (http://www.bailii.org/ew/cases/EWCA/Civ/2000/106.html (http://www.bailii.org/ew/cases/EWCA/Civ/2000/106.html)). Judges however are likely to decide you did actually see the sign (despite what you claim) if it was reasonable for you to have seen it and understood it.
If that fails tell them their ‘fine’ is an unfair term in a contract, contrary to section 5 of the Unfair Terms in Consumer Contracts Regulations 1999 (below)
“5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.” Untested as yet, if you were not the driver I don't see how you could see the contract to accept it.
Failing that tell them the fine exceeds any conceivable loss or damage caused by the alleged trespass, especially if no marked bay was occupied by the vehicle and the road was not obstructed. It is very doubtful that merely the costs incurred in policing the area and enforcing the fine can justify the fine itself.
If they hassle you or send debt collectors round this can be classed as harassment. Regard any contact with debt collectors, or by their debt collecting department, or warnings of the involvement of debt collectors, as unreasonable and unlawful harassment as per section 40 of the Admin of Justice Act 1970:
“40. (1)A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—
(a)harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
(b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
(c)falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
(d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
(2)A person may be guilty of an offence by virtue of subsection (1)(a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment. “
The design and wording of the initial ‘parking ticket’ is probably already a breach 40 (d) above, in that it will I am sure resemble an official public parking ticket much more closely than is necessary or reasonable for its purpose.
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Currently ignoring one of these ::) Alledged offence was in September, so the new law can whistle Dixie.
Couple of points to note:
1. Most, if not all of these so called parking management firms have been or still are banned from using the DVLA database as a direct result of misusing the database and information supplied from it. This alone should tell you alot...
2. The revised law only applies to England/Wales. Ineffectual in Scotland :-\
There's a huge amount of useful information on The Money Expert site regarding these parasitic tosspots.
The least you can do is treat them with the contempt that they deserve :y
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They make such a lovely sound going through the shredder. :D
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;D indeed they do :y
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The parking fines or the enforcers/baliffs make a lovely sound going through the shreader?
My son got a notice on his golf. he knew he wasnt parked where they said on the day in question. After several threatening letters, he asked for photographic proof as they said got hs address from DVLA database. Photo had a mercedes with his plate on it. Several apologetic letters came back with a cxheque for "goodwill gesture" after pointing out he owned a Golf and why hadnt they picked that up from the DVLA enquiry?
keith B
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;D Both :y
The bailiffs take a bit longer and are generally messier though ;D
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I got a £45 ticket for being 7 minutes late back to the car last week. Unfortunately it was a council run car park so I paid up. :(
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I don't think that it was the council rather than a private firm makes much difference but if you had already paid and overran it would be
difficult impossible to argue you had not entered into a contract.
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most of them from privite companys are parking charge notices.
its a form of unsolicited invoice.
look here http://www.moneysavingexpert.com/reclaim/parking-ticket-appeals (http://www.moneysavingexpert.com/reclaim/parking-ticket-appeals)
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Guys just read the signs when you enter a private land site.... A lot of sites only issue if they have too I.E. landlord get complaints from tennants of abuse of P/T and disablity bays, i saw a guy who parked up yesterday in a Disabilty bay with no badge so all i did was ask him do you have a blue badge?? he says no.. so i then ask him to park elsewhere on site.. you get the "there`s no spaces!!!" to which i reply theres always a space sir... Now the only reason he`s parked there is go to the gym, dunno why it is but it always seems to be gym members who do this....anyways he moves his car and i get the "you f***king jobs worth!!!" i dont care i really dont..... So i suppose what i`m saying is you have a brain in your head you have eyes and ears and hopefully you have intelligance as well.. So read the signs and obey the site rules its simple and hopefully will result in no tickets... Park outside of the rules then take reponsibilty for your actions....
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Guys just read the signs when you enter a private land site.... A lot of sites only issue if they have too I.E. landlord get complaints from tennants of abuse of P/T and disablity bays, i saw a guy who parked up yesterday in a Disabilty bay with no badge so all i did was ask him do you have a blue badge?? he says no.. so i then ask him to park elsewhere on site.. you get the "there`s no spaces!!!" to which i reply theres always a space sir... Now the only reason he`s parked there is go to the gym, dunno why it is but it always seems to be gym members who do this....anyways he moves his car and i get the "you f***king jobs worth!!!" i dont care i really dont..... So i suppose what i`m saying is you have a brain in your head you have eyes and ears and hopefully you have intelligance as well.. So read the signs and obey the site rules its simple and hopefully will result in no tickets... Park outside of the rules then take reponsibilty for your actions....
Thoroughly agree Bertie. :y
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Depends on the site. We had a new development of flats next to us, we said they woudl create a parking problem but the developers said they would provide more than enough and even let us park there. Did they f. There are enough spaces if they were all available but now they have numbered them, new flat residents with two cars only get one space and park their second car in the road we have parked in for 20 years, completely filling it up. Meanwhile there are always empty spaces in their numbered car park.
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Guys just read the signs when you enter a private land site.... A lot of sites only issue if they have too I.E. landlord get complaints from tennants of abuse of P/T and disablity bays, i saw a guy who parked up yesterday in a Disabilty bay with no badge so all i did was ask him do you have a blue badge?? he says no.. so i then ask him to park elsewhere on site.. you get the "there`s no spaces!!!" to which i reply theres always a space sir... Now the only reason he`s parked there is go to the gym, dunno why it is but it always seems to be gym members who do this....anyways he moves his car and i get the "you f***king jobs worth!!!" i dont care i really dont..... So i suppose what i`m saying is you have a brain in your head you have eyes and ears and hopefully you have intelligance as well.. So read the signs and obey the site rules its simple and hopefully will result in no tickets... Park outside of the rules then take reponsibilty for your actions....
Obviously one of the 10% of selfish numpties on the road, where they know, just positively know, they are the most important person in the world, so normal rules only apply to everybody else. Personally I can't stand the attitude of fit people that park in disabled bays and deprive them from members of society that we should all go out of our way to help the best we can.
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Depends on the site. We had a new development of flats next to us, we said they woudl create a parking problem but the developers said they would provide more than enough and even let us park there. Did they f. There are enough spaces if they were all available but now they have numbered them, new flat residents with two cars only get one space and park their second car in the road we have parked in for 20 years, completely filling it up. Meanwhile there are always empty spaces in their numbered car park.
It used to be 2 parking bays per person in the planning rules, but 2 jags changed this as part of the war on motorists, by reducing it to a maximum of one.
My daughter has the same problem where she lives on a new development with allocated parking, where there are no other parking places within about a mile of where she lives. Fortunately, one of the residents does not have a car and lets her partner park his van there. It is a nightmare trying to park as a visitor.
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Guys just read the signs when you enter a private land site.... A lot of sites only issue if they have too I.E. landlord get complaints from tennants of abuse of P/T and disablity bays, i saw a guy who parked up yesterday in a Disabilty bay with no badge so all i did was ask him do you have a blue badge?? he says no.. so i then ask him to park elsewhere on site.. you get the "there`s no spaces!!!" to which i reply theres always a space sir... Now the only reason he`s parked there is go to the gym, dunno why it is but it always seems to be gym members who do this....anyways he moves his car and i get the "you f***king jobs worth!!!" i dont care i really dont..... So i suppose what i`m saying is you have a brain in your head you have eyes and ears and hopefully you have intelligance as well.. So read the signs and obey the site rules its simple and hopefully will result in no tickets... Park outside of the rules then take reponsibilty for your actions....
Obviously one of the 10% of selfish numpties on the road, where they know, just positively know, they are the most important person in the world, so normal rules only apply to everybody else. Personally I can't stand the attitude of fit people that park in disabled bays and deprive them from members of society that we should all go out of our way to help the best we can.
A friend of mine is paraplegic and has been in a wheelchair for 12 years. These able bodied, ignorant, arrogant arseholes who park in disabled bays make his life even more difficult. >:( However he's the sort of bloke who dosn't take any shit from anyone and positively enjoys 'aving a go at idiots like this!! ;D He's got very good at making these sort of people squirm and it can be quite entertaining! :y