Can I set up a scheduling fee to respond to the letters from parking companies? I.e send them a notice that each letter will cost £20? Especially if it's proved that the parking charge notice was issued unfairly?
Thanks for a clear description of the law, so many people harbour misconceptions about this subject, and are too ready to offer unqualified "advice" on UA-cam and in social media which can mislead people into taking bad decisions.
It's always a good idea to photograph your blue badge on display whenever you park. More than once we've had tickets saying it wasn't displayed when it clearly was.
Some of the tactics used by these greedy parking corporations are absolutely despicable. I got charged for parking on my own land once! - some senantic question over the permit - even though I was displaying one! Barstewards!
So often people repeat what they have heard and assert it to be true. Recently, someone asked "what makes you [me] qualified to talk about this?" Me: I am quite _literally_ qualified to talk about this! 😂
@@BlackBeltBarrister Obviously, your black belt qualifies you to talk about anything you want, and your law degrees and professional experience and training qualify you to talk about it _correctly!_
I have argued two parking charges , successfully , always take photos to have evidence if the signs are not present or unreadable , because they usually fix the situation very quickly and if you have no evidence you will loose .
I challenge them all regardless as I hate this lacerny. I have about a 90% success rate. Note that if they misspell or put the wrong street or your vehicle details you will escape any fine. I recently went to court for no ticket on a train and won because they didn’t turn up. Be prepared to fight these to the bitter end, they rely on compliance and fear, doubling the fine if have the temerity to appeal. it’s a numbers game. A complete racket.
I mentioned this on Part 1. If you have a lease vehicle, then the lease company will pay the PCN on your behalf. Many of these parking companies have a clause in the small print saying 'if you pay, you accept liability and can not appeal'. I often get these as part of my job, usually because someone else has forgotten to forward my registration number to the parking company to say I am a legitimate visitor. 'ARVAL', the lease company pays and then invoices my company with a handling fine on the top and it is then deducted from my salary.
@@derekheeps1244 - Apparently the clause is in the contract between my employer and the lease company, so we do not have a leg to stand on. If the parking company agrees that there was a mistake they sometimes refund the charge (only Parking Eye ever does this) but the lease company still wants their admin fee. This means even if the charge is refunded with a 'Yes, sorry, that was a mistake' it still costs me £15 - for someone else's mistake.
The law in Scotland is different and a private PCN can usually be ignored. They will threaten court action but rarely do unless it is multiple incidents.
@@paulbrown9802 yep. I sold a car and the buyer didn't change the V5 and parked in a private car park. They came after me and I told them I had sold the car at the time and gave them the address of the new owner and still they threatened so I just ignored. If it had gone to court my defence was going to be that I wasn't insured to drive the car so it could not have been me. I had to write to DVLA to get the V5 changed.
you have to be careful with this though. If you respond to the company and tell them you were driving they will take that as confirmation of the contract and will have a "person" they can take to court. If you do not confirm the driver it is up to them to prove it as the English rule of the keeper being liable is not enforceable. The contract must exist with the driver and they have to prove who that was.
@@markhamilton7289 yes I don't know how they did it but they even had my mobile number and called me a few times. I told them they were chasing the wrong person as I no longer owned or drove that car. They threatened all kinds of legal routes they would take and I just ignored. The only person I have heard who was taken to court was in Dundee but she owed something like 20k's worth of penalties.
I got a Parking Charge Notice in a DIY superstore car park that doesn't actually belong to the store. One of the conditions was "Do not leave the premises at any time whilst your vehicle is parked in this car park". Not realising this, I walked out of the car park to visit another shop before returning with the intent to visit the DIY store. I was seen by an attendant leaving the car park and was issued a charge of £90. I paid it but I thought the condition about leaving the premises was a bit unfair. I have boycotted buying from that particular DIY chain in future.
I visited a car park and it was only when I tried to pay upon leaving I noticed they didn't accept coins due to covid. I and some other parents were stuck. I called the operator and explained there were no signs upon entry advising they were only taking care payments. I argued my case clearly and she took my details, saying I had so many days to pay £5 to them. I never heard from them since. I believe that if it weren't for the other people complaining the same thing, is have to pay. Three company argued that there were signs upon entry but some vandal must have taken them down. If it went to court, how would it turn out, had I been portraits for payment
To ask if private companies can be prevented from getting your data off the DVLA? Breach of the Data Protection Act that the DVLA can hand out your name and address without your consent?
Apologies if this isn't the right area to ask this question, however i have received a FPN for parking on a harbour side where the signs telling me the area is covered by cameras, the signs from the company in question are fixed onto a fence that does not belong to them and without permission from the owners. the signs are less than 4 feet off the floor and can be blocked by parking cars, the land itself is questioned as it could be classed as sea defence and not owed by the yacht club who employs the company to manage the area. have i any case as not to pay? thanks in advance
Hi, I have noticed that Registration plates are actually owned by the secretary of state and only merely nominated to vehicles for identification purposes, surely if a person owns a vehicle but does not own that number plate, any fine which is applied to that number plate should be charged to the owner of the plate which is the secretary of state, not the vehicle owner?.
I currently have hip problems, and find it difficult to walk. I always park in normal parking bays at my local supermarket. A thing that upsets me, is when visiting the local supermarket, I find people parking in a "Pickup Only" space, leaving their car or someone in the car, and go off to do s shop. There is a 10 minute time limit on this. I wonder, if the supermarket have powers to enforce the "Pickup Only" by fining people to leave park and do a shop as well, when there are plenty of empty parking bays in the carpark?
Having won a fight with Parking Eye due to having photos of my car elsewhere at the time I was supposed to be in their car park parking wrongly, I always now take a photo of my car in the car park, takes a few seconds as you walk away, just in case. But I was lucky as the photos were taken by the Police as I was witness to an accident, Parking Eye only dropped it the day before the hearing.
@@SAHBfan Yes, agreed, just a scam. People talk about breach of contract part of making a contract is the offer and acceptance, none of this 'deemed' accepted rubbish.
And if car was rented, you get PCN via Rental company who charge additionally £60 for simple letter forwarding and later, you find the receipt you paid for Parking?
i have one of these and refuse to pay it because: 1, i just done a stupid long work day and on my way home and id stared to relax i pulled over to a services at a motorway and slep. 2 i did set a alarm but when i woke id left my radio on and by the time i got a jump start i was over the time. 3, when i got the charge notice i tried to appeal but the phone number did not work. 4, when it went onto debt collector they told my id gone past the time to appeal. 5, logic not law, a, is if i did not stop i could have had a decedent, b, i spent £40 on jump leads from there shop- ripped off, c ,corrupt company that charge is unreasonable because they can.. have no money and have not heard from them for a year now !
But we don't actually own the car the dvla do... We may be the registered keeper but we don't own it outright unless it's put in a trust so wouldn't the fine be sent back to the dvla then?
Not quite on this topic. Would I have a claim taking a multi storey car park to court over damage to my car due to width warning sign not following the highway code width restriction which lead me to miss their warning as it's not wat I was looking for on entering the car park. And court my wheels on entering there toll booth.
Received PCN after charging electric vehicle in hotel car park during long journey. All ordinary car parking spaces had signs with fees and terms, but EV charging space did not. Total time recorded by CCTV at entrance ~1 hour. (Assumed vehicle charging costs would cover parking too). Thoughts?
As POFA does not cover Scotland, and the keeper is unable identify whom the driver was for alleged infraction, when does it become harassment of the keeper (after the 2/3/4 letter/call ??), after all they have no legal liability ?
After you put them on notice. You may as well reserve your rights and enclose a fee schedule with a self executing contract outlining the costs for further harassment or unwarranted correspondence
Check out this guy for the “private administration” notification process. It’s the same process MasterCard uses against you but in reverse and more diverse. ua-cam.com/video/flslzBYYWdE/v-deo.html
Thanks, If I've asked all my staff and nobody puts their hands up to it, and I don't know who was driving, am I not entitled as the keeper to be free from harassment from any parking company by repeated contact/threats. This is after all a criminal offence.
Another great video! I have one question, it’s never happened yet, but where do we stand on “must not return within x hours” We have our dog groomed at Pets at Home on a popular retail park, we come back in an hour or two to pick him up which technically we shouldn’t do according to terms. Or you do your shopping drive down the road and forgot the milk, so you return. Can you successfully argue these things if you do return within the window but only for a short amount of extra time? Thanks.
It's designed to stop people parking for the limit, leaving for a few minutes and coming back to park for the limit again. So it would be unreasonable to enforce the charge because someone did everything properly, but real life got in the way. If you paid for both visits and they were both under the limit the company would have a hard time trying to say their enforcement of it was reasonable. INAL
@@TheSadButMadLad thanks for the reply, I was referring to free parking on retail parks with typical 1.5-3 hour limits etc, so there is no charge, but I imagine your logic should still be correct, if I was charged for returning to the car park for only a few minutes longer I would hope any court would see that it was a genuine need and shouldn’t be classed as taking the piss.
Not everyone has an electronic gadget with which to pay for parking, and more and more companies are doing away with, or have already done away with the means to pay with cash. I am quite happy to pay but, where do I stand if the car park company will not accept cash? What action should I take?
Your best course of action is to not park there. It's private land, they have no obligation to allow you to park there. If you use their land for parking you are agreeing to THEIR terms and conditions.
They're not obliged to accept cash. It is only required to accept cash in payment of a debt but you're not in debt -- you're paying in advance for a service you wish to receive. However, at a carpark where you pick up a ticket on entry and then pay when you leave, you are in debt to the car park owner, so they must accept cash. Same situation with shops vs restaurants. A shop doesn't have to accept cash because you're offering to buy something, not settling a debt. But a restaurant must accept cash because you've already eaten the food, so you owe them the price.
I live on private land, said land A2 dominion housing association build flats on said land. I live on this land, as Tennant , I have social need and a right to park. I have disable parking permit. I parked in the disable bay over the line because one side of car have no space to open car door wide. The fact, they keep on issues tickets and said this is private land. This cancer by these services must be stop. They built flats and have this system activity. I refused to pay, I have no money anyway. This is my right. What is your overview to correct by law this wrong enforcement.
Hi Daniel, I have recently had 2 parking charge notices from being parked in a private road. There are bay's for residents and 2 spaces for visitors. These are always occupied by local residents that have more than 1 vehicle and as such you can only park on the roadside. Do I have an argument against my parking charge notice, especially as I'm only ever 5 to 10 minutes maximum. The notice only puts the time of infraction, i.e. 11 o clock, not 11 until 11.10. My friend has even been ticketed whilst unloading shopping! Many thanks, Darren Grimsley.
Hi, they will have to prove all of the elements that there was a valid contract that was breached! It sounds like they might struggle if it doesn't have enough information? Are there signs?
@@BlackBeltBarrister Yes there are signs but the 2 visitor's parking bay's are never free, 1 even has a car on bricks without any wheels. Is there a length of time given for you to exit your vehicle to read the signs in full, so as to fully understand the restrictions? If that were say 10 minutes then that is longer than I am usually stopped anyway. Many thanks.
I'm concerned about people parking near us on double yellow lines that are very close to a busy junction and the cars cause congestion both in the side and main roads especially at school leaving time when kids are also crossing the road here. I reported it to the Council and they said they weren't interested as they had contracted the work out to a private company. Is this still a legal fine/penalty or merely a parking charge and if there is a danger to childrens' health and safety, why aren't the police present at time to clear the cars away?
I had a parking fine from a shopping mall eventhough I hadn't actually parked there. The cameras had picked up my reg going into car park but not exiting as I had turned around and left with in two minutes.the next time I parked in the mall the camera didn't pick up my reg going in but did going out .I was charged with staying 24 hrs or more.needless to say I appealled the fine however it still toke three months and several letters to have the fine removed. All because of faulty badly positioned anpr cameras.
Just got a notice from the council as my wife took my son on holiday in school term time. We were both sent a charge notice but i did not give permission. We live together but do i have to pay my charge? 🤔🤷♂️
You are not permitted to do that in street parking bays when you have either a long vehicle or a trailer or caravan attached . It can also be an issue where bays are smaller than the vehicle and it is impossible to park entirely in one bay : my Mercedes S Class can be either longer or wider than bays in certain car parks , so I generally park in a relatively empty part of the car park , away from other cars , even if it means I have to walk further . I have never been ticketed for it .
Hello please help 🙏 my friend car battery got flat I come to jump start his car and left car parking, and received 60 fine for not displaying ticket? Can I win and not pay charges,?
They receive my appeal though email that was provided, but still worrying that I lack off evidence from my self , I asked to check car parking CCTV so they can clearly see I was doing what I saying in appeal, please respond and thank you for your valuable content 👍 🙏 ❤️
I am currently starting a claim against a company who have started a bathroom renovation at my property but have walked away leaving me with no bathroom or hot water. Can I claim punitive damages under a small claim track? Thanks for the advice in advance.
Punitive damages no. An award to put things right, yes. Do they have assets? If yes, the proceed. Get your written evidence collected. Write out your timeline. Pay to get water connected. Get your bathroom repaired. Send them the bill. Then start the legal action.
A notice at one carpark which said "If you enter or Park on this land contravening the terms and conditions displayed, you are agreeing to pay" does this mean that if you drive into this carpark and stop to read the terms and conditions before you deicide to park or not, your still have to pay, or face a parking fine?
These pcns are unlawful and immoral full stop if there is no harm injury or loss what is the payment for? Where does it go how is the money spent and who benefits stop if people are benefiting it's not a penalty it's an unlawful tax. Under common law which is the law of the land and natural law we all have the right to live in peace provided we do No Harm. In the case of a Wrong Turn driver era or parking comma if there is not any harm injury or loss caused to a living man or woman or property what justification do they have for charging money for a human mistake. It's about time all these unlawful taxes innocent members of the public are stopped and government and councils stop profiteering from innocent mistakes made by the public. You cannot claim somebody is speeding at 25 mph in a 20mph if it's an a road through London which is happening. There's no justification for it being a 20 mph limitation especially when it's been an established 30 mph road for over 50 years full stop the authorities and government have completely lost the plot and are working against public interest
Can a penalty/parking charge notice from a local council be enforced? For example, once they send the debt to a collector and that debt collector sends bailiffs, can they physically force entry into your home? Or because it's a civil matter and not a criminal matter, can they only enter peacefully thereby through an unlocked door or you actually letting them in? I pay my fines btw of which I've had few but I've had a friend who had one that ended up being around £475 (From a £70 fine) and a debt collection agency showed up to his home. He didn't let them in but they were quite abusive and threatening towards him and told him they could force entry if payment wasn't made. I'm not sure they can but he was scared enough to pay them. I'm not sure if this has been covered in another video as I only just started following the channel.
@@stevenhodgson834 no Steve , although hidden contracts are established at berth/registration..not in this instance, keep brainstorming, I will let you know if correct
@@Miles_Ahead547 No, I'm good. Having seen that you're into that "birth"/"berth" woo I can see we will never agree. I might find any further comments of yours amusing, though.
@@stevenhodgson834 ok steevo although I am quite correct also bearing in mind your original ask of the wet ink malarkey highlighting a weakness of understanding yes please feel free to lookout for further raving looney comments #moneycontractlaw
Regards to a space and sign that states “Parent and child” not toddler or other, can I park in that space if I am with my 80year old mother, we are after all a ”Parent and Child “ ? 😂
I do use them if my 13 year old son is with me , as long as there are plenty of other spaces for people with small children . My 34 year old daughter is still my child regardless of her age , we satisfy the description ‘parent and child’ .
Most private car parks have entrance and exit cameras to time arrivals & departures. The private parking contractor uses these to harvest registration numbers. The cameras are directed and focused low down on the plates if you own a hatch back with the registration on the rear access 'door' just open it up before you drive out and wallah no exit photo & time, thus no 'invoice' from the leeches.
Not sure I fully agree with your reading of Britannia v Semark-Julian, the appeal court decided (from my reading of it) that it was wrong to strike out the whole claim for the possible abuse of process, it did not rule that the extra charge was permitted but that the lower court should properly consider whether it was or not once it had decided on the validity of the underlying claim. PoFA specifically limits keeper liability to the amount of the original charge, so if the parking company is pursuing the keeper then the extra charges certainly aren’t permitted.
The problem is that certain private car parking companies aren't interested in legal niceties. Their operating model is deliberately predatory, relying on unclear signage and the fact that most consumers will be intimidated by them into paying up irrespective of whether the charge is legitimately levied. They wilfully ignore all relevant consumer protection legislation, their trade bodies code of practice, and pay their non-independent appeals outfit to do the same. It's an unregulated industry with no standards that does as it pleases.
My address (but not my name) has been used to register a vehicle with DVLA. I received a V5C document in May and returned it with a covering letter explaining that the person and vehicle are not known to the occupier. Now I am getting demands from TFL for non payments of fines, and an enforcement notice has today been received from an enforcement agency. I have again written to DVLA advising them, but my premises are still under threat from a call from the enforcement agency soon. TFL have been advised but they immediately passed matters to the agency.
hi i had a pcn for parking on a footway outside where i live i have parked always like this for 10 years never had a pcn, there is no restriction in my street i made an appeal but it turn down can you help
what is the law regarding getting a PCN just from a camera as you exit and enter an area and you have nothing posted on your windscreen. Went to a cafe with mum , had Lunch and left , there was no fee or parking meter ? 1 hour between the in and out photos , but the photos were of a moving car.
In circumstances where parking on private land is free for residents can a parking Charge notice be issued because signage has been erected? This has happened at a block of private flats where the car park is used by members of the public and leaseholders who are entitled to park without charge in any available space. Does the lease take precedence? I very much enjoy and support channel.
@@derekheeps1244 So you are saying you can park in the bay that i pay for where the signs say residents only without any comebacks? I find that hard to believe, do you have any examples? Genuine question.
@@derekheeps1244 I find that very hard to believe. By the same token, "Customers only" applies to everyone who buys anything in any shop, "Asda customers only" applies to me because I generally buy my groceries at Asda (and am, therefore, an "Asda customer"), even though I might not be shopping there today (in the same way that somebody is a "Manchester United supporter" even at times when they're not watching football matches). It seems obviously implied that "residents only" means "residents of this address" rather than simply "anyone who resides anywhere; tough luck if you're homeless."
I have a PCN for making a mistake on a hand written entry on a permit. They claim that my squiggle/mistake contravenes the term 'altered forms will be deemed void'. But then stated I should have used a new entry after the mistake if I wanted to avoid a PCN. My issues are that I have not 'altered' anything plus they are interpreting the term 'altered forms will be deemed void' in contradiction of the dictionary definition on the words 'altered' & 'forms' its also not my understanding of these words in this term. Is this fair?
Totally off-topic question regarding the law: we all know that in the UK it is illegal to proxy buy cigarettes or alcohol for a minor, but what about lottery tickets, especially since the legal age to buy has recently been raised from 16 to 18? Also, supposing an adult was actively encouraging an obvious child to choose a lottery scratch card would the cashier be open to prosecution if they then served the adult (the adult could argue, my child is my lucky charm or something), basically are there equivalent proxy buying laws for lottery tickets and scratch cards to the laws regarding alcohol and cigarettes?
Yesterday I accidentally left my bag, containing my phone, wallet, ipad and other items hanging on a chair outside the coffee shop in a retail park. When I was halfway home I realised I had left it behind so rushed back to get it. This car park had a "No return within 2 hours" notice. I drove into the car park, very luckily retrieved my bag which a lovely person had handed into the coffee shop, and drove out again within about 3 minutes. I have decided to write to the car-parking company immediately today saying why I had to return because I don't think that this will be a fair charge - should they choose to apply it.
Tesco’s agents have recently issued us a pcn after 49 minutes on a Sunday evening whilst we were waiting for and using the EV charge point. We are challenging it, hopefully successfully, we are in discussions with Tesco! I don’t know if you want to know more or the outcome/you can contact me through this, but we’d be happy to share the outcome. Thanks for all your postings they are brilliant! B
Thank you for this in depth law explanation. Can I ask about the new (June 2022) Tresspass law? Particularly how land owners (private car parks) stand with those who just park without consent or permission. I run property with a private car park and I am fed up with leaseholders having to find other parking places away from a car park they pay for.
I went into a car park yesterday and lots of us go stuck in because the barriers got stuck! The lady and child at the front of the barriers got very distressed and another lady had a three month old baby in the car! It was very hot and we all got upset! We pressed the intercom but no one was there to help us! After half an hour one man removed the barrier! The other barrier was out of order so when the other one got stuck every one got stuck! Would he get in trouble for that! Or what should one do in that situation! Twice now I've got stuck, last time it was an hour before I got out and my frozen shopping was no good in the heat! So what does one do in that situation! This was very distressing for us all! It seems to happen all the time when you talk to people! Can you give advice on that! Thankyou,
I always have tools in my car , since most of these barriers are bolted to the pivot mechanism , I’d just unbolt it causing no damage . Re the lady with the thawing frozen food ; I’d go back into the shop telling them that due to THEIR car park barrier failing your food has gone off and demand that they replace it - always easier if your name is Karen
@@collincovid6950 thankyou! The company that owns the car park never answer the intercom when you need help! This is twice now it's happened to me! N c p car parks it happens alot if you look it up! Lots of people have been trapped in the past sometimes for a long time! I'm not using them again! It was very hot and distressing children were crying! Felt so sorry for the lady at the front of the barrier,
One comment is that the situation is different here in Scotland as our law differs . Private signage cannot form the basis of a contract unless the owner can PROVE that it was drawn to the attention of the customer BEFORE any alleged contravention took place . For example a sign in an open car park does not cut it because public are under no obligation to read signs ; but if you have to press a button and take a ticket to open a barrier , and the T&Cs are printed on the ticket then you can be deemed to have received them . One last thing : do not ‘appeal’ parking charge notices : by going through the private company’s appeal process you are conceding that they have some authority to decide whether you have to pay : it is better to write back to them , returning their speculative invoice , telling them you REJECT it as you never entered into any contract with them .
It appears to be just a lawyer who has experience and training that makes them suitable for complex cases. Why wouldn't it be lawful for them to prosecute?
@@beeble2003 I was found guilty sentenced to 5 n half years for a crime I didn’t commit. The man responsible came forward. I’ve seen a L4P in action. Turned witnesses hostile when he didn’t get his own way. Even brought up my dad dying of cancer during questioning. Made so many suggestive remarks he sold my guilt purely on suggestion. My representation said hardly anything. So no it’s not just a lawyer. I believe this is a way a prosecution is manufactured. Nobody anticipated the guilty party would confess. I’ve been persecuted ever since it’s destroyed my life. My mental health has deteriorated. There’s no where you can go for advice on this matter. BBB has been the only source I could seem to find. Although limited.
PART 1 HERE: ua-cam.com/video/Zy3MY_j7JYw/v-deo.html
Can I set up a scheduling fee to respond to the letters from parking companies? I.e send them a notice that each letter will cost £20? Especially if it's proved that the parking charge notice was issued unfairly?
Thanks for a clear description of the law, so many people harbour misconceptions about this subject, and are too ready to offer unqualified "advice" on UA-cam and in social media which can mislead people into taking bad decisions.
It's always a good idea to photograph your blue badge on display whenever you park. More than once we've had tickets saying it wasn't displayed when it clearly was.
Maybe its a question of Clearly not displayed, or Displayed not clearly?
I am just guessing eg displayed at an angle (not Displayedd clearly) or expiry date not visible ( not Clearly displayed)
Some of the tactics used by these greedy parking corporations are absolutely despicable. I got charged for parking on my own land once! - some senantic question over the permit - even though I was displaying one! Barstewards!
I love how some of the commenters think they know better than the barrister, because if what they've read online and/or heard down the pub.
So often people repeat what they have heard and assert it to be true. Recently, someone asked "what makes you [me] qualified to talk about this?" Me: I am quite _literally_ qualified to talk about this! 😂
@@BlackBeltBarrister Obviously, your black belt qualifies you to talk about anything you want, and your law degrees and professional experience and training qualify you to talk about it _correctly!_
I have argued two parking charges , successfully , always take photos to have evidence if the signs are not present or unreadable , because they usually fix the situation very quickly and if you have no evidence you will loose .
I challenge them all regardless as I hate this lacerny. I have about a 90% success rate. Note that if they misspell or put the wrong street or your vehicle details you will escape any fine. I recently went to court for no ticket on a train and won because they didn’t turn up. Be prepared to fight these to the bitter end, they rely on compliance and fear, doubling the fine if have the temerity to appeal. it’s a numbers game. A complete racket.
I mentioned this on Part 1. If you have a lease vehicle, then the lease company will pay the PCN on your behalf. Many of these parking companies have a clause in the small print saying 'if you pay, you accept liability and can not appeal'.
I often get these as part of my job, usually because someone else has forgotten to forward my registration number to the parking company to say I am a legitimate visitor. 'ARVAL', the lease company pays and then invoices my company with a handling fine on the top and it is then deducted from my salary.
Ouch
If the charge was wrong you could always make a money claim against the lease company
@@derekheeps1244 - Apparently the clause is in the contract between my employer and the lease company, so we do not have a leg to stand on. If the parking company agrees that there was a mistake they sometimes refund the charge (only Parking Eye ever does this) but the lease company still wants their admin fee. This means even if the charge is refunded with a 'Yes, sorry, that was a mistake' it still costs me £15 - for someone else's mistake.
The law in Scotland is different and a private PCN can usually be ignored. They will threaten court action but rarely do unless it is multiple incidents.
I came here to say that Scotland had different rules, I’ve ripped up a few of these ‘PCNs’
@@paulbrown9802 yep. I sold a car and the buyer didn't change the V5 and parked in a private car park. They came after me and I told them I had sold the car at the time and gave them the address of the new owner and still they threatened so I just ignored. If it had gone to court my defence was going to be that I wasn't insured to drive the car so it could not have been me. I had to write to DVLA to get the V5 changed.
you have to be careful with this though. If you respond to the company and tell them you were driving they will take that as confirmation of the contract and will have a "person" they can take to court. If you do not confirm the driver it is up to them to prove it as the English rule of the keeper being liable is not enforceable. The contract must exist with the driver and they have to prove who that was.
@@markhamilton7289 yes I don't know how they did it but they even had my mobile number and called me a few times. I told them they were chasing the wrong person as I no longer owned or drove that car. They threatened all kinds of legal routes they would take and I just ignored. The only person I have heard who was taken to court was in Dundee but she owed something like 20k's worth of penalties.
I got a Parking Charge Notice in a DIY superstore car park that doesn't actually belong to the store. One of the conditions was "Do not leave the premises at any time whilst your vehicle is parked in this car park". Not realising this, I walked out of the car park to visit another shop before returning with the intent to visit the DIY store. I was seen by an attendant leaving the car park and was issued a charge of £90. I paid it but I thought the condition about leaving the premises was a bit unfair. I have boycotted buying from that particular DIY chain in future.
I visited a car park and it was only when I tried to pay upon leaving I noticed they didn't accept coins due to covid. I and some other parents were stuck. I called the operator and explained there were no signs upon entry advising they were only taking care payments. I argued my case clearly and she took my details, saying I had so many days to pay £5 to them. I never heard from them since. I believe that if it weren't for the other people complaining the same thing, is have to pay. Three company argued that there were signs upon entry but some vandal must have taken them down. If it went to court, how would it turn out, had I been portraits for payment
To ask if private companies can be prevented from getting your data off the DVLA? Breach of the Data Protection Act that the DVLA can hand out your name and address without your consent?
Apologies if this isn't the right area to ask this question, however i have received a FPN for parking on a harbour side where the signs telling me the area is covered by cameras, the signs from the company in question are fixed onto a fence that does not belong to them and without permission from the owners. the signs are less than 4 feet off the floor and can be blocked by parking cars, the land itself is questioned as it could be classed as sea defence and not owed by the yacht club who employs the company to manage the area. have i any case as not to pay? thanks in advance
Hi, I have noticed that Registration plates are actually owned by the secretary of state and only merely nominated to vehicles for identification purposes, surely if a person owns a vehicle but does not own that number plate, any fine which is applied to that number plate should be charged to the owner of the plate which is the secretary of state, not the vehicle owner?.
I currently have hip problems, and find it difficult to walk. I always park in normal parking bays at my local supermarket. A thing that upsets me, is when visiting the local supermarket, I find people parking in a "Pickup Only" space, leaving their car or someone in the car, and go off to do s shop. There is a 10 minute time limit on this. I wonder, if the supermarket have powers to enforce the "Pickup Only" by fining people to leave park and do a shop as well, when there are plenty of empty parking bays in the carpark?
Having won a fight with Parking Eye due to having photos of my car elsewhere at the time I was supposed to be in their car park parking wrongly, I always now take a photo of my car in the car park, takes a few seconds as you walk away, just in case. But I was lucky as the photos were taken by the Police as I was witness to an accident, Parking Eye only dropped it the day before the hearing.
Same - with Euro Car Parks - scammers.
@@Steven-D-Allan - But if you are in a lease car... the lease company pays and you almost never get the money back no matter what proof you have.
@@SAHBfan Yes, agreed, just a scam. People talk about breach of contract part of making a contract is the offer and acceptance, none of this 'deemed' accepted rubbish.
Just change the name on the V5 registration document. Problem solved.
And it’s free
And if car was rented, you get PCN via Rental company who charge additionally £60 for simple letter forwarding and later, you find the receipt you paid for Parking?
i have one of these and refuse to pay it because:
1, i just done a stupid long work day and on my way home and id stared to relax i pulled over to a services at a motorway and slep.
2 i did set a alarm but when i woke id left my radio on and by the time i got a jump start i was over the time.
3, when i got the charge notice i tried to appeal but the phone number did not work.
4, when it went onto debt collector they told my id gone past the time to appeal.
5, logic not law, a, is if i did not stop i could have had a decedent, b, i spent £40 on jump leads from there shop- ripped off, c ,corrupt company that charge is unreasonable because they can..
have no money and have not heard from them for a year now !
What law allows DVLA to provide the vehicle keeper to a private company? As personal data surely this is in contravention of DPA 2018 (GDPR).
But we don't actually own the car the dvla do... We may be the registered keeper but we don't own it outright unless it's put in a trust so wouldn't the fine be sent back to the dvla then?
Not quite on this topic. Would I have a claim taking a multi storey car park to court over damage to my car due to width warning sign not following the highway code width restriction which lead me to miss their warning as it's not wat I was looking for on entering the car park. And court my wheels on entering there toll booth.
I have been sent a court claim form for an unfair parking ticket, what should I tell them?
Received PCN after charging electric vehicle in hotel car park during long journey. All ordinary car parking spaces had signs with fees and terms, but EV charging space did not. Total time recorded by CCTV at entrance ~1 hour. (Assumed vehicle charging costs would cover parking too). Thoughts?
As POFA does not cover Scotland, and the keeper is unable identify whom the driver was for alleged infraction, when does it become harassment of the keeper (after the 2/3/4 letter/call ??), after all they have no legal liability ?
After you put them on notice. You may as well reserve your rights and enclose a fee schedule with a self executing contract outlining the costs for further harassment or unwarranted correspondence
Check out this guy for the “private administration” notification process. It’s the same process MasterCard uses against you but in reverse and more diverse.
ua-cam.com/video/flslzBYYWdE/v-deo.html
ua-cam.com/video/flslzBYYWdE/v-deo.html
Thanks, If I've asked all my staff and nobody puts their hands up to it, and I don't know who was driving, am I not entitled as the keeper to be free from harassment from any parking company by repeated contact/threats. This is after all a criminal offence.
Another great video! I have one question, it’s never happened yet, but where do we stand on “must not return within x hours” We have our dog groomed at Pets at Home on a popular retail park, we come back in an hour or two to pick him up which technically we shouldn’t do according to terms. Or you do your shopping drive down the road and forgot the milk, so you return. Can you successfully argue these things if you do return within the window but only for a short amount of extra time? Thanks.
It's designed to stop people parking for the limit, leaving for a few minutes and coming back to park for the limit again. So it would be unreasonable to enforce the charge because someone did everything properly, but real life got in the way. If you paid for both visits and they were both under the limit the company would have a hard time trying to say their enforcement of it was reasonable. INAL
@@TheSadButMadLad thanks for the reply, I was referring to free parking on retail parks with typical 1.5-3 hour limits etc, so there is no charge, but I imagine your logic should still be correct, if I was charged for returning to the car park for only a few minutes longer I would hope any court would see that it was a genuine need and shouldn’t be classed as taking the piss.
Not everyone has an electronic gadget with which to pay for parking, and more and more companies are doing away with, or have already done away with the means to pay with cash. I am quite happy to pay but, where do I stand if the car park company will not accept cash? What action should I take?
Your best course of action is to not park there. It's private land, they have no obligation to allow you to park there. If you use their land for parking you are agreeing to THEIR terms and conditions.
Park elsewhere; I have a policy of only using free car parks ; if someone wants money to park , I go elsewhere.
@@derekheeps1244 Blimey, you must be fit with all that walking.
They're not obliged to accept cash. It is only required to accept cash in payment of a debt but you're not in debt -- you're paying in advance for a service you wish to receive. However, at a carpark where you pick up a ticket on entry and then pay when you leave, you are in debt to the car park owner, so they must accept cash.
Same situation with shops vs restaurants. A shop doesn't have to accept cash because you're offering to buy something, not settling a debt. But a restaurant must accept cash because you've already eaten the food, so you owe them the price.
I live on private land, said land A2 dominion housing association build flats on said land. I live on this land, as Tennant , I have social need and a right to park. I have disable parking permit. I parked in the disable bay over the line because one side of car have no space to open car door wide. The fact, they keep on issues tickets and said this is private land. This cancer by these services must be stop. They built flats and have this system activity. I refused to pay, I have no money anyway. This is my right. What is your overview to correct by law this wrong enforcement.
Hi Daniel, I have recently had 2 parking charge notices from being parked in a private road. There are bay's for residents and 2 spaces for visitors. These are always occupied by local residents that have more than 1 vehicle and as such you can only park on the roadside. Do I have an argument against my parking charge notice, especially as I'm only ever 5 to 10 minutes maximum. The notice only puts the time of infraction, i.e. 11 o clock, not 11 until 11.10. My friend has even been ticketed whilst unloading shopping! Many thanks, Darren Grimsley.
Hi, they will have to prove all of the elements that there was a valid contract that was breached! It sounds like they might struggle if it doesn't have enough information? Are there signs?
@@BlackBeltBarrister Yes there are signs but the 2 visitor's parking bay's are never free, 1 even has a car on bricks without any wheels. Is there a length of time given for you to exit your vehicle to read the signs in full, so as to fully understand the restrictions? If that were say 10 minutes then that is longer than I am usually stopped anyway. Many thanks.
if they issue me with a parking charge notice ticket after 14 days can they enforce it?
Whats the statute of limitations on pcn's?
I'm concerned about people parking near us on double yellow lines that are very close to a busy junction and the cars cause congestion both in the side and main roads especially at school leaving time when kids are also crossing the road here. I reported it to the Council and they said they weren't interested as they had contracted the work out to a private company. Is this still a legal fine/penalty or merely a parking charge and if there is a danger to childrens' health and safety, why aren't the police present at time to clear the cars away?
Police can still enforce parking on double yellow lines , just call them
@@derekheeps1244 Especially if the parking is within 20m of the junction.
I had a parking fine from a shopping mall eventhough I hadn't actually parked there. The cameras had picked up my reg going into car park but not exiting as I had turned around and left with in two minutes.the next time I parked in the mall the camera didn't pick up my reg going in but did going out .I was charged with staying 24 hrs or more.needless to say I appealled the fine however it still toke three months and several letters to have the fine removed. All because of faulty badly positioned anpr cameras.
The real question here is, can you bill them for taking up your time dealing with the matter in which was their error?
Does penalty charge notice characterise as a penalty when applying for citizenship, and should it be declared or not?
Just got a notice from the council as my wife took my son on holiday in school term time. We were both sent a charge notice but i did not give permission. We live together but do i have to pay my charge? 🤔🤷♂️
For the straddling the line one, what if you purchased two parking tickets?
You are not permitted to do that in street parking bays when you have either a long vehicle or a trailer or caravan attached .
It can also be an issue where bays are smaller than the vehicle and it is impossible to park entirely in one bay : my Mercedes S Class can be either longer or wider than bays in certain car parks , so I generally park in a relatively empty part of the car park , away from other cars , even if it means I have to walk further . I have never been ticketed for it .
Hello please help 🙏 my friend car battery got flat I come to jump start his car and left car parking, and received 60 fine for not displaying ticket? Can I win and not pay charges,?
They receive my appeal though email that was provided, but still worrying that I lack off evidence from my self , I asked to check car parking CCTV so they can clearly see I was doing what I saying in appeal, please respond and thank you for your valuable content 👍 🙏 ❤️
I am currently starting a claim against a company who have started a bathroom renovation at my property but have walked away leaving me with no bathroom or hot water. Can I claim punitive damages under a small claim track? Thanks for the advice in advance.
Punitive damages no. An award to put things right, yes. Do they have assets? If yes, the proceed. Get your written evidence collected. Write out your timeline. Pay to get water connected. Get your bathroom repaired. Send them the bill. Then start the legal action.
Thank you
Did you make payment via credit card?
A notice at one carpark which said "If you enter or Park on this land contravening the terms and conditions displayed, you are agreeing to pay"
does this mean that if you drive into this carpark and stop to read the terms and conditions before you deicide to park or not, your still have to pay, or face a parking fine?
Good information. We'll done
These pcns are unlawful and immoral full stop if there is no harm injury or loss what is the payment for? Where does it go how is the money spent and who benefits stop if people are benefiting it's not a penalty it's an unlawful tax. Under common law which is the law of the land and natural law we all have the right to live in peace provided we do No Harm. In the case of a Wrong Turn driver era or parking comma if there is not any harm injury or loss caused to a living man or woman or property what justification do they have for charging money for a human mistake. It's about time all these unlawful taxes innocent members of the public are stopped and government and councils stop profiteering from innocent mistakes made by the public. You cannot claim somebody is speeding at 25 mph in a 20mph if it's an a road through London which is happening. There's no justification for it being a 20 mph limitation especially when it's been an established 30 mph road for over 50 years full stop the authorities and government have completely lost the plot and are working against public interest
Can a penalty/parking charge notice from a local council be enforced? For example, once they send the debt to a collector and that debt collector sends bailiffs, can they physically force entry into your home? Or because it's a civil matter and not a criminal matter, can they only enter peacefully thereby through an unlocked door or you actually letting them in? I pay my fines btw of which I've had few but I've had a friend who had one that ended up being around £475 (From a £70 fine) and a debt collection agency showed up to his home. He didn't let them in but they were quite abusive and threatening towards him and told him they could force entry if payment wasn't made. I'm not sure they can but he was scared enough to pay them.
I'm not sure if this has been covered in another video as I only just started following the channel.
They can't force entry. They can only make peaceful entry with or without owners permission. Simple answer don't open doors/Windows to them
@@hali8580 Can they not? That's news to me but great to know. I find it easier to just pay, the hassle isn't really worth it.
🧑⚖👩⚖ 👨⚖ 👩⚖👍👍👍👍
No there not valid
The so called ‘private parking companies’ always neglect to post out a vital piece of paperwork 🤐
Contract signed in wet ink by both parties?
@@stevenhodgson834 no Steve , although hidden contracts are established at berth/registration..not in this instance, keep brainstorming, I will let you know if correct
@@Miles_Ahead547 No, I'm good. Having seen that you're into that "birth"/"berth" woo I can see we will never agree. I might find any further comments of yours amusing, though.
@@stevenhodgson834 ok steevo although I am quite correct also bearing in mind your original ask of the wet ink malarkey highlighting a weakness of understanding yes please feel free to lookout for further raving looney comments
#moneycontractlaw
@@Miles_Ahead547 Yes, that's a good start. 🤣
Sorry if you missed the sarcasm of my "wet ink" comment. Poe's Law _can_ be tricky to navigate.
non of these are fines, why are you a barrister saying that a pcn is a fine?
Love your videos but please stop the music. There is no need.
Regards to a space and sign that states “Parent and child” not toddler or other, can I park in that space if I am with my 80year old mother, we are after all a
”Parent and Child “ ? 😂
If you are aged 17, yes as you are still a child. If you are 18 or over, you are not a child you are an adult.
@@knetbafoon am I not my mothers child ?
@@hozzer68 Yes, but you are not legally classed as a child if you are 18 or over. Hey give it a go, let us know how you get on in court.
I do use them if my 13 year old son is with me , as long as there are plenty of other spaces for people with small children .
My 34 year old daughter is still my child regardless of her age , we satisfy the description ‘parent and child’ .
@@derekheeps1244 She's an adult, not a child. Good luck in court with that.
Most private car parks have entrance and exit cameras to time arrivals & departures. The private parking contractor uses these to harvest registration numbers. The cameras are directed and focused low down on the plates if you own a hatch back with the registration on the rear access 'door' just open it up before you drive out and wallah no exit photo & time, thus no 'invoice' from the leeches.
Not sure I fully agree with your reading of Britannia v Semark-Julian, the appeal court decided (from my reading of it) that it was wrong to strike out the whole claim for the possible abuse of process, it did not rule that the extra charge was permitted but that the lower court should properly consider whether it was or not once it had decided on the validity of the underlying claim.
PoFA specifically limits keeper liability to the amount of the original charge, so if the parking company is pursuing the keeper then the extra charges certainly aren’t permitted.
The problem is that certain private car parking companies aren't interested in legal niceties. Their operating model is deliberately predatory, relying on unclear signage and the fact that most consumers will be intimidated by them into paying up irrespective of whether the charge is legitimately levied. They wilfully ignore all relevant consumer protection legislation, their trade bodies code of practice, and pay their non-independent appeals outfit to do the same. It's an unregulated industry with no standards that does as it pleases.
My address (but not my name) has been used to register a vehicle with DVLA. I received a V5C document in May and returned it with a covering letter explaining that the person and vehicle are not known to the occupier. Now I am getting demands from TFL for non payments of fines, and an enforcement notice has today been received from an enforcement agency. I have again written to DVLA advising them, but my premises are still under threat from a call from the enforcement agency soon. TFL have been advised but they immediately passed matters to the agency.
hi i had a pcn for parking on a footway outside where i live i have parked always like this for 10 years never had a pcn, there is no restriction in my street i made an appeal but it turn down can you help
what is the law regarding getting a PCN just from a camera as you exit and enter an area and you have nothing posted on your windscreen. Went to a cafe with mum , had Lunch and left , there was no fee or parking meter ? 1 hour between the in and out photos , but the photos were of a moving car.
Why isn’t it a defense to put a note in your window declaring that you are not accepting T&Cs and you are trespassing?
standard barrister tripe
In circumstances where parking on private land is free for residents can a parking Charge notice be issued because signage has been erected? This has happened at a block of private flats where the car park is used by members of the public and leaseholders who are entitled to park without charge in any available space. Does the lease take precedence?
I very much enjoy and support channel.
EVERYONE is a resident since they reside somewhere. Unless the sign specifies the car park is only for residents of that address , it fails .
@@derekheeps1244 So you are saying you can park in the bay that i pay for where the signs say residents only without any comebacks? I find that hard to believe, do you have any examples? Genuine question.
@@derekheeps1244 I find that very hard to believe. By the same token, "Customers only" applies to everyone who buys anything in any shop, "Asda customers only" applies to me because I generally buy my groceries at Asda (and am, therefore, an "Asda customer"), even though I might not be shopping there today (in the same way that somebody is a "Manchester United supporter" even at times when they're not watching football matches). It seems obviously implied that "residents only" means "residents of this address" rather than simply "anyone who resides anywhere; tough luck if you're homeless."
I have a PCN for making a mistake on a hand written entry on a permit. They claim that my squiggle/mistake contravenes the term 'altered forms will be deemed void'. But then stated I should have used a new entry after the mistake if I wanted to avoid a PCN. My issues are that I have not 'altered' anything plus they are interpreting the term 'altered forms will be deemed void' in contradiction of the dictionary definition on the words 'altered' & 'forms' its also not my understanding of these words in this term. Is this fair?
Very good tips! Thanks
Glad it was helpful!
Totally off-topic question regarding the law: we all know that in the UK it is illegal to proxy buy cigarettes or alcohol for a minor, but what about lottery tickets, especially since the legal age to buy has recently been raised from 16 to 18? Also, supposing an adult was actively encouraging an obvious child to choose a lottery scratch card would the cashier be open to prosecution if they then served the adult (the adult could argue, my child is my lucky charm or something), basically are there equivalent proxy buying laws for lottery tickets and scratch cards to the laws regarding alcohol and cigarettes?
Yesterday I accidentally left my bag, containing my phone, wallet, ipad and other items hanging on a chair outside the coffee shop in a retail park. When I was halfway home I realised I had left it behind so rushed back to get it. This car park had a "No return within 2 hours" notice. I drove into the car park, very luckily retrieved my bag which a lovely person had handed into the coffee shop, and drove out again within about 3 minutes.
I have decided to write to the car-parking company immediately today saying why I had to return because I don't think that this will be a fair charge - should they choose to apply it.
Tesco’s agents have recently issued us a pcn after 49 minutes on a Sunday evening whilst we were waiting for and using the EV charge point. We are challenging it, hopefully successfully, we are in discussions with Tesco! I don’t know if you want to know more or the outcome/you can contact me through this, but we’d be happy to share the outcome.
Thanks for all your postings they are brilliant!
B
Thank you for this in depth law explanation. Can I ask about the new (June 2022) Tresspass law? Particularly how land owners (private car parks) stand with those who just park without consent or permission. I run property with a private car park and I am fed up with leaseholders having to find other parking places away from a car park they pay for.
would you be able to make a video discussing what an unfair term is, i know its not black and white but its rather interesting?
I went into a car park yesterday and lots of us go stuck in because the barriers got stuck! The lady and child at the front of the barriers got very distressed and another lady had a three month old baby in the car! It was very hot and we all got upset! We pressed the intercom but no one was there to help us! After half an hour one man removed the barrier! The other barrier was out of order so when the other one got stuck every one got stuck! Would he get in trouble for that! Or what should one do in that situation! Twice now I've got stuck, last time it was an hour before I got out and my frozen shopping was no good in the heat! So what does one do in that situation! This was very distressing for us all! It seems to happen all the time when you talk to people! Can you give advice on that! Thankyou,
Personally I would have pushed the barrier up, and if it broke the mechanism it was broke in the first place, would be my argument.
I always have tools in my car , since most of these barriers are bolted to the pivot mechanism , I’d just unbolt it causing no damage .
Re the lady with the thawing frozen food ; I’d go back into the shop telling them that due to THEIR car park barrier failing your food has gone off and demand that they replace it - always easier if your name is Karen
@@derekheeps1244 the car park has nothing to do with Tesco or marks and Spencer it a private company! But thankyou for your help,
@@collincovid6950 thankyou! The company that owns the car park never answer the intercom when you need help! This is twice now it's happened to me! N c p car parks it happens alot if you look it up! Lots of people have been trapped in the past sometimes for a long time! I'm not using them again! It was very hot and distressing children were crying! Felt so sorry for the lady at the front of the barrier,
@@derekheeps1244 Nice one. Karen :)
One comment is that the situation is different here in Scotland as our law differs .
Private signage cannot form the basis of a contract unless the owner can PROVE that it was drawn to the attention of the customer BEFORE any alleged contravention took place . For example a sign in an open car park does not cut it because public are under no obligation to read signs ; but if you have to press a button and take a ticket to open a barrier , and the T&Cs are printed on the ticket then you can be deemed to have received them .
One last thing : do not ‘appeal’ parking charge notices : by going through the private company’s appeal process you are conceding that they have some authority to decide whether you have to pay : it is better to write back to them , returning their speculative invoice , telling them you REJECT it as you never entered into any contract with them .
I received a PCN from a private residential car park in Scotland there were no barriers just signs. Do I ignore the company or do I have to pay?
@@1875Aldo ignore it until official court proceedings notice comes through your door. 9/10 they don't issue proceedings
@@hali8580 Thanks
@question Can you please explain what a level 4 prosecutor is? And is it lawful for one to prosecute whilst the defendant has a standard barrister?
It appears to be just a lawyer who has experience and training that makes them suitable for complex cases. Why wouldn't it be lawful for them to prosecute?
@@beeble2003 I was found guilty sentenced to 5 n half years for a crime I didn’t commit. The man responsible came forward. I’ve seen a L4P in action. Turned witnesses hostile when he didn’t get his own way. Even brought up my dad dying of cancer during questioning. Made so many suggestive remarks he sold my guilt purely on suggestion. My representation said hardly anything. So no it’s not just a lawyer. I believe this is a way a prosecution is manufactured. Nobody anticipated the guilty party would confess. I’ve been persecuted ever since it’s destroyed my life. My mental health has deteriorated. There’s no where you can go for advice on this matter. BBB has been the only source I could seem to find. Although limited.
Come on BB tell us how to send the clowncil packing with their kangaroo court bulk hearings please!
Simple. You have to have legitimate grounds or demonstrate they have made an error to win.