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Author Brittania car parks (fine)
Mertin
Member

Registered: 12th Oct 05
Location: Scotland
User status: Offline
12th Oct 10 at 15:17   View User's Profile U2U Member Reply With Quote

Got a fine today for one at a travelodge in edinburgh, ticket ran out. Thinking ofleaving itand seeing if they bother chasin it up, its just a private one
Anyone had dealings with them? Car parks a rip off
AlunJ
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Registered: 3rd Apr 07
Location: Newport
User status: Offline
12th Oct 10 at 15:18   View User's Profile U2U Member Reply With Quote

Don't think it can be enforced.
Check out this site http://forums.pepipoo.com/
mattk
Member

Registered: 27th Feb 06
Location: St. Helens
User status: Offline
12th Oct 10 at 15:30   View User's Profile U2U Member Reply With Quote

ignore it. dont contact them at all.

they will send you another wanting more money, then another one

then a letter from "sollicitors"

then that will be it. thats my experience of CP Plus anyway
JaffaTB
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Registered: 7th Oct 09
Location: Sheffield, South Yorkshire
User status: Offline
12th Oct 10 at 16:03   View User's Profile U2U Member Reply With Quote

my mum got one for 40 quid, ignored it and got another one with red all over if saying it had gone up to 80, my mum got scared and contacted them, they agreed to let her pay 5 pound a week and agreed to reduce it back to the original amount
mattk
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Registered: 27th Feb 06
Location: St. Helens
User status: Offline
12th Oct 10 at 16:12   View User's Profile U2U Member Reply With Quote

they prey on people like your mum, I dont blame her for doing because if you didnt know what they were like then they could seem intimidationg

I got one demanding £40, I was skint so I ignored it, 3 weeks later they wanted £80, then 3 weeks later I got a letter that was underlined in red saying they wanted £120 or I would hear from their solicitors

3 weeks later I get the worst photo copy, really patchy, of a letter from a solicitors with words such as CLAMPED, COURT, CCJ, BAILIFF ect all in bold and underlined, looked totally unproffesional, wasnt dated and wasnt signed

thats the last I heard and thats from Trax last year

they are totaly non enforcable. its like you drawing a yellow line on your drive and if someone parked on it asking them for £40 you have no power to charge them
JaffaTB
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Registered: 7th Oct 09
Location: Sheffield, South Yorkshire
User status: Offline
12th Oct 10 at 17:24   View User's Profile U2U Member Reply With Quote

K2 GTi
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Registered: 21st Oct 04
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12th Oct 10 at 19:37   View User's Profile U2U Member Reply With Quote

I got one from cp plus end of august.. Ignored it and now got one from parking collection plus . I might post a blank letter back with no stamp just for the crack . Ignore it!!
GF-91
Banned

Registered: 8th Jul 09
Location: Burnley!
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12th Oct 10 at 19:40   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by K2 GTi
I got one from cp plus end of august.. Ignored it and now got one from parking collection plus . I might post a blank letter back with no stamp just for the crack . Ignore it!!


...Posting without a stamp
K2 GTi
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Registered: 21st Oct 04
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12th Oct 10 at 21:56   View User's Profile U2U Member Reply With Quote

Yeah??
Anty
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Registered: 19th Mar 08
Location: droitwich
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12th Oct 10 at 23:43   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by K2 GTi
Yeah??


post it free post.. they have to pay
AlunJ
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Registered: 3rd Apr 07
Location: Newport
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12th Oct 10 at 23:51   View User's Profile U2U Member Reply With Quote

they have to pay if you send it without a stamp anyway
Ian
Site Administrator

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Registered: 28th Aug 99
Location: Liverpool
User status: Online
13th Oct 10 at 00:00   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by mattk
they are totaly non enforcable. its like you drawing a yellow line on your drive and if someone parked on it asking them for £40 you have no power to charge them
As it stands that is correct but the problem is that you can actually secure a charge for this if, at the time the parking took place, there was sufficient notification in place that the person parking would be entering a contract by doing so.

The letters aren't fines for traffic offences, they're invoices for services rendered. And if you agreed to the services at the time, legally you're obligated to pay for them.

Of course, establishing whether the contract was taken up is a matter for the courts and it's unlikely they'll take it that far as they would need to prove both that sufficient notification was in place and visible at the time of the parking and, crucially, that the person they're invoicing was actually the person who was doing the parking.

They'll have normally applied to the DVLA for the keeper details. If so, unless they can confirm that the registered keeper was the one driving (very difficult indeed as even with photographs, you're under no legal obligation to identify yourself, they won't generally have the capability to do so and the Police won't be interested as it's not a criminal matter) then you can safely say that it wasn't the keeper driving. Obviously that is easier to do if there's a few people insured on the car although they've no legal right to see insurance details so unless you volunteer those facts, they won't know if it's just insured policy holder only. You could even go to court and claim that someone else was using the car that day and driving on their policy. They wouldn't even need to be insured as it would represent a defence for the matter in question, although you may incriminate your mate if you state in court that they were driving uninsured.

They may have also obtained details from Travelodge which may assist with the invoice but almost certainly represents an offence under Data Protection Act unless you have specifically agreed to have your details disclosed in this way. I would doubt the hotel would do this although if they have, that is worth persuing as it will make them look silly. This probably isn't the case but if you make a subject access request you may find information in there which indicates that they are gathering data with a view to securing parking invoices at a later date.

If you can't be arsed reading that, summary is ignore them, it's unlikely they'll be able to do anything with it.
ssj_kakarot
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Registered: 29th Apr 03
Location: hartlepool
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13th Oct 10 at 01:12   View User's Profile U2U Member Reply With Quote

just reply with a polite letter saying you can remeber who was driving the car at that time/date as your car is shared.

however, if they would like to provide visiual evidence of who was driving then you will proptly pay the fine.

its not illegal just a civil contract so the burden of proof is on them to prove who was using the car, if they cant do this they can not enforce the fine.

uh yeah just read above me lol what he said just in less detail



[Edited on 13-10-2010 by ssj_kakarot]
K2 GTi
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Registered: 21st Oct 04
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13th Oct 10 at 06:17   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Anty
quote:
Originally posted by K2 GTi
Yeah??


post it free post.. they have to pay




That's why I said post it in the letterbox with no stamp???
Mertin
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Registered: 12th Oct 05
Location: Scotland
User status: Offline
13th Oct 10 at 08:08   View User's Profile U2U Member Reply With Quote

Looks like it will be getting ignored then! Says £60 fine at the top, then lower down says 'however we will accept £30 within 21 days'
Sometimes costs them more to chase you up with letters etc than the cost of the fine itself. Also they didnt photograph the car either

 
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