Author Topic: Parking Ticket Question  (Read 6104 times)

hardstation

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Re: Parking Ticket Question
« Reply #15 on: April 19, 2013, 10:18:57 PM »
Youparklikeacunt then?

Why couldn't you write it?


David McKeown

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Re: Parking Ticket Question
« Reply #16 on: April 20, 2013, 01:13:50 AM »
I got one in Armagh about 18 months ago. Really annoyed me as the time restriction was 1 hour parking in any two hour period. So I had parked for a while drove to Craigavon over lunch then drove back and parked in same spot. Came out to find Warden putting ticket on my car. I complained that I had left and returned and wasn't in violation of the restriction. Warden wasn't having any of it and said he had recorded the positions of the valves on my wheels and they were in the same place. He then opened his book to show me that when he recorded them 90 minutes previous they were the same. The idiot though also showed me that he had only recorded the positions of about three cars and they all had tickets on them. So what he was obviously doing was filling in both valve positions when he was issuing the tickets but pretending he had recorded them at an earlier time.

Anyway I appealed and they rejected it and it was only when I threatened to take them to court did they let up. The worst thing is the warden is still about Armagh.

Orior

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Re: Parking Ticket Question
« Reply #17 on: January 15, 2015, 09:57:22 PM »
I got a parking fine in the post - £100.

Nice.

The document included a picture of my car at the start of December with a fine under the wipers on the windscreen. I never saw the document. Obviously someone lifted it or it blew away.

Q1) If I had paid the original fine would it have been cheaper?

Q2) see question 1.


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T Fearon

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Re: Parking Ticket Question
« Reply #18 on: January 16, 2015, 06:52:26 AM »
The original fine is cheaper if paid within 30 days after which it automatically doubles, but if you didn't see the original fine how could you have known you had to pay it?

on the sideline

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Re: Parking Ticket Question
« Reply #19 on: August 03, 2018, 10:31:24 AM »
Has anyone ever got a parking charge notice from Smart Parking? Got one through the post after parking in the Showgrounds in Omagh which is a free car park with a three hour limit. They have timed pictures of when I arrived and when I left - about 3 and half hours. But Iíd moved the car in between times. 
Do I need to pay this or just ignore it? Anyone had this kind of experience before? Thanks.

MoChara

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Re: Parking Ticket Question
« Reply #20 on: August 03, 2018, 11:15:53 AM »
Has anyone ever got a parking charge notice from Smart Parking? Got one through the post after parking in the Showgrounds in Omagh which is a free car park with a three hour limit. They have timed pictures of when I arrived and when I left - about 3 and half hours. But Iíd moved the car in between times. 
Do I need to pay this or just ignore it? Anyone had this kind of experience before? Thanks.

Generally the rule of thumb is if its not from the council ignore them till they go away I don't see why these fellas would be any different, if you search Smart Parking fines on facebook you'll see ones asking about them.

The logic is if I go and park on your drive way for half an hour, you decide I should give you 60 quid, its not really legally binding.

tyrone girl

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Re: Parking Ticket Question
« Reply #21 on: August 03, 2018, 11:41:45 AM »
I would ignore them. As far as i am aware they arent enforceable.

Main Street

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Re: Parking Ticket Question
« Reply #22 on: August 03, 2018, 11:39:21 PM »
Has anyone ever got a parking charge notice from Smart Parking? Got one through the post after parking in the Showgrounds in Omagh which is a free car park with a three hour limit. They have timed pictures of when I arrived and when I left - about 3 and half hours. But Iíd moved the car in between times. 
Do I need to pay this or just ignore it? Anyone had this kind of experience before? Thanks.
Leaving the car park and returning 'rather soon'  doesn't get you off the hook in the respect of breaking the 3 hour restriction.
Most probably there's  a condition in the regulations stating that if you leave the parking lot within the 3 hour time span, that you cannot return within such and such a time frame. The best advice has already been given, ignore it.
I got recorded twice  on camera in Edinburgh last year  in a Tesco's car park. for overstaying the 3 hour limit. It was a rented car and some time later I got an email message from the rental car company, Interrent mean b**tards, owned by even meaner b**tards  - Budget car hire). I was charged with a parking offence and they stated that they had already paid the fine, 2 x  £60  then sent methe bill along  with an admin charge  of  £60 for each ticket.    It came to a total of £240. If I didn't appeal they would deduct all charges from my credit card the next month.
 

I appealed on the basis  that the Car park authority broke one of the regulations that they are bound to follow, namely that they are mandated to send out the ticket within a timely period, no longer than 28 days after the alleged offence.  My ticket was sent out 2 weeks past that deadline. The car park authority had broken one of  their own golden rules, if that time period was not complied with, the case had to be dropped.  A cast iron appeal  you might think , but Interrent went ahead and deducted GBP240 from my credit card.  They said they would do that pending the outcome of the appeal. 
I asked them for proof that they had actually  paid the parking fine and that they had sent in my appeal,  none forthcoming

 I checked up on the regulations the rental car is supposed to follow and zoomed in on their the golden rule  "no credit card deductions until an appeal has been adjudicated upon". Interrent had broke their very own regulations,  however they just ignored my emails informing them about that detail. I quickly gave up on them, I compiled all the evidence,  put it in a book of evidence file in an orderly fashion (as Harry Bosch might do) and sent it to my credit card company. Within a week they refunded me the Gbp 240 in total, with pleasure they said. They nullified the debit and recouped the money from Interrrent
I then finally received an email from Interrent stating that since I had appealed to the credit card company,  they would no longer consider any further contact from me. I thought that to be be quite funny.


David McKeown

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Re: Parking Ticket Question
« Reply #23 on: August 04, 2018, 12:12:33 AM »
Has anyone ever got a parking charge notice from Smart Parking? Got one through the post after parking in the Showgrounds in Omagh which is a free car park with a three hour limit. They have timed pictures of when I arrived and when I left - about 3 and half hours. But Iíd moved the car in between times. 
Do I need to pay this or just ignore it? Anyone had this kind of experience before? Thanks.

I got one a few years ago. Still no idea where from (in terms of where I was supposed to have parked) but they got my details from DVLA. They sent me 17 letters 15 of which were marked final demand and were headed with three or four different debt collection agency alias. I continually reminded them that any contract that they were claiming breach of was with the driver and I was the owner.   They said I had to appeal and sent me numerous pieces of case law that they had edited or truncated to try and pressure me into paying. I continually asked them to sue me and eventually threatened them with harassment proceedings before they desisted.

Owen Brannigan

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Re: Parking Ticket Question
« Reply #24 on: August 04, 2018, 10:37:13 AM »
I would ignore them. As far as i am aware they arent enforceable.

Oh yes it is. Here is the history of how it became so:

The Beavis case (Barry Beavis v/s Parking Eye) went to appeal at the Supreme Court where the case was heard on 21st-23rd July 2015. The Law Lords were asked to consider the ruling of the Appeal Court on 23rd April 2015. The Judgement was made on 4th November 2015.

The seven Law Lords were being asked to rule on:

Whether a charge of £85 for exceeding a maximum car parking period is an unenforceable penalty?
Whether a charge of £85 for exceeding a maximum car parking period is unfair under the Unfair Terms in Consumer Contracts Regulations 1999/2003?

https://www.supremecourt.uk/cases/uksc-2015-0116.html

The Beavis case and its implications are very well described here: http://ukscblog.com/case-preview-parkingeye-limited-v-beavis/

It is unfortunate that Beavis clearly ignored well-posted warnings that parking was for 2 hours only and exceeding that carried a penalty of £85.

On 4th November 2015, The Supreme Court dismissed the Beavis appeal by a majority of six to one, and declared that the charge of £85 does not contravene the penalty rule, or the Unfair Terms in Consumer Contracts Regulations 1999.

Mr Beavis had a contractual licence to park in the car park on the terms of the notice posted at the entrance, including the two hour limit. The £85 was a charge for contravening the terms of the contractual licence. This is a common scheme, subject to indirect regulation by statute and the British Parking Associationís Code of Practice. The charge had two main objects: (i) the management of the efficient use of parking space in the interests of the retail outlets and their users by deterring long-stay or commuter traffic, and (ii) the generation of income in order to run the scheme.



So, this judgement of the Supreme Court has set the law on both parking on private land and the use of cameras for ticketing in place of or as well as placing a ticket on the car.

Anyway what were you doing in the Showgrounds for over 3 hours?



David McKeown

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Re: Parking Ticket Question
« Reply #25 on: August 06, 2018, 03:05:41 PM »
Quite correct the Supreme Court has set the law for England and Wales. It has little to no application in Northern Ireland. For a start any contract would have to be formed between the company and the driver not the company and the owner as is permissible in E&W. Moreover the Unfair Contract Terms Act on which the case was brought has no application to NI.

At the minute parking companies would find it very difficult to enforce these tickets in Northern Ireland. Considerable differences in land law rules would have to be considered for a start.

general_lee

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Re: Parking Ticket Question
« Reply #26 on: August 06, 2018, 06:53:57 PM »
Iíve always been told to ignore private parking company fines as they arenít enforceable in NI. Has there been any case where theyíve actually gone ahead and taken someone to court here?

trailer

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Re: Parking Ticket Question
« Reply #27 on: August 07, 2018, 06:52:36 PM »
Jesus Christ. Had been reading this thread thinking that will never happen to me. Anyways, wife parked somewhere in Bangor wtf? Got one of these through the post today. Smart parking. What's the story? Pay it or ignore it.


charlieTully

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Re: Parking Ticket Question
« Reply #28 on: August 07, 2018, 08:43:01 PM »
Jesus Christ. Had been reading this thread thinking that will never happen to me. Anyways, wife parked somewhere in Bangor wtf? Got one of these through the post today. Smart parking. What's the story? Pay it or ignore it.

I got one a few months back, Mrs parked in a carpark in Banbridge that was 3 hours only, have had 5 letters so far, latest threatening debt recovery agencies and court, going to keep ignoring them.

David McKeown

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Re: Parking Ticket Question
« Reply #29 on: August 07, 2018, 09:04:26 PM »
Jesus Christ. Had been reading this thread thinking that will never happen to me. Anyways, wife parked somewhere in Bangor wtf? Got one of these through the post today. Smart parking. What's the story? Pay it or ignore it.

I got one a few months back, Mrs parked in a carpark in Banbridge that was 3 hours only, have had 5 letters so far, latest threatening debt recovery agencies and court, going to keep ignoring them.

Given they have no contract with you they would do well to take you to court. Assuming you are registered keeper. They will keep coming for a while but imagine they will give up.