Parking Charge Notice advice - in the Sun! |
Parking Charge Notice advice - in the Sun! |
Tue, 7 Dec 2021 - 11:04
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
The Sun has attempted to offer advice on how to deal with parking charge notices. I say attempted as.... well read for yourself!
I think they got the legal advice from an assessor at the IPC's IAS judging by the accuracy. https://www.thesun.co.uk/motors/16832363/is...-charge-notice/ Letter of complaint text below. I probably got some details wrong, but nothing could be as inaccurate as the article! So many inaccuracies it's hard to know where to start... "IGNORING a parking charge notice could leave drivers with hefty penalties and even a criminal charge for parking on private land". No, no criminal charge could be made out, also what significant penalties? "However, when parking on private land, the driver and the landowner enter an unwritten contract" No, it's usually the driver and the parking management company and its written on the signs as you then agree "the terms must be clearly displayed and easy to understand." "By ignoring a parking charge issued by a private company, you would be in breach of contract" That presupposes that the contract offered was valid, in many cases it is not, so don't say 'would' say 'could'. "While these charges may be presented as fines, they are formally invoices, and are the responsibility of the car's registered owner, as opposed to the specific driver." OK, there is no registered owner, we have registered keepers, they are 100% the responsibility of the driver and ONLY the liability of the keeper if the parking company have met the legal requirements to hold the keeper liable AND they don't know the name and address of the driver. If they know who was driving then the keeper has NO liability at all. "The good news is you can only be fined the fixed amount stated on the invoice for a parking charge notice." Nope, only a court can fine you, the parking company can issue an invoice and sue for that amount but then it's plus permitted costs. "If you ignore a parking charge, the owner of the private land can take you to court to recuperate the costs of the fine and can result in the motorist paying more than their initial ticket." The owner rarely gets involved the parking company take the defendant to court, again it's not a fine, and this contradicts the quote above! "If you are taken to court over a parking charge and found guilty, you will be required to pay any legal fees incurred, which could cost you significantly more than the parking fine" There is no guilty in a civil court (legal knowledge 101), you are only liable for fixed fees (not 'legal costs' unless they can prove the defendant acted unreasonably, yeah and again, its an invoice not a fine. "You could also be left with a criminal charge for breaching your contract under extreme circumstances." Complete and utter nonsense. "The appeal must be submitted within 28 days of receiving the parking charge notice." Not true, you can inform them of why the invoice has no basis at ANY time! "It is illegal to ignore a penalty charge notice, and can result in larger fines, and may result in Enforcement Agent action to recover the debt." Why tag an, incorrect again of course, bit out penalty charge notices to the end of an article about parking charges? EDIT: Further word salad following that one! This post has been edited by The Rookie: Tue, 7 Dec 2021 - 11:09 -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Tue, 7 Dec 2021 - 11:04
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Tue, 7 Dec 2021 - 11:48
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#2
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
The Sun has attempted to offer advice on how to deal with parking charge notices. I'll pass thanks. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Tue, 7 Dec 2021 - 12:35
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#3
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
The Sun has attempted to offer advice on how to deal with parking charge notices. I'll pass thanks. Probably for the best, it wouldn’t be good for your blood pressure! -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Tue, 7 Dec 2021 - 14:08
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#4
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Recuperate?
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Tue, 7 Dec 2021 - 17:18
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#5
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
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Tue, 7 Dec 2021 - 18:36
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#6
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Member Group: Members Posts: 4,363 Joined: 9 Apr 2021 Member No.: 112,205 |
I think they got the legal advice from an assessor at the IPC's IAS judging by the accuracy. I thought this myself, but then noted it wasn't written in crayon. -------------------- Useful Links (for private parking charges):
Protection of Freedoms Act 2012 (PoFA) Schedule 4 | British Parking Association (BPA) Code of Practice | International Parking Community (IPC) Code of Practice |
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Tue, 7 Dec 2021 - 18:40
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#7
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Member Group: Members Posts: 3,074 Joined: 17 Nov 2015 Member No.: 80,686 |
Would Sun readers understand this? Let alone a 'real' version...........
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Thu, 9 Dec 2021 - 11:37
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#8
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Well some tweaks made but they see no inaccuracies.....
QUOTE Dear 'The Rookie'
https://www.thesun.co.uk/motors/16832363/is...-charge-notice/ Thank you for contacting us about this item. We see no significant inaccuracies, but we have slightly amended the text to reflect the points you make. Yours sincerely Editorial Complaints -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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