SLROC Forum

General Category => GENERAL CHAT => Topic started by: 101splat on December 20, 2010, 04:54:14 PM

Title: parking fine in bathgate
Post by: 101splat on December 20, 2010, 04:54:14 PM
 :'( was in bathgate last sunday and parked in argos car park for just over 3 hours and ave been sent a parking charge notice ?80 reduced to ?50 if pay right away or  if i appeal it gos up to ?110 ive googled this company and theres loads on net about them dick turpin springs to mind,  >:( parkingeye
car park management has anyone had this prob ! it seams dvla gives out ur info for ?2.50 to these people wich i think is wrong dvla about to get email about this too   dave
Title: Re: parking fine in bathgate
Post by: jay2578 on December 20, 2010, 04:58:56 PM
Tell `em to shove it mate! If they ain`t council they ain`t jack! Thats what I`d do anyways, but I`m like that ;D
Title: Re: parking fine in bathgate
Post by: 101splat on December 20, 2010, 05:14:25 PM
yeh thats what i thought uck them they aint getting a penny fa me ill see them in court first
Title: Re: parking fine in bathgate
Post by: StewartSkene on December 20, 2010, 05:18:48 PM
They probably have ANPR cameras. They log your vrm on entry and exit. If you have overstayed the time set which legally must be visible and displayed within the car park, they automatically send out a PCN. They also don't have to give a discounted amount however most companies and local authorities do as an incentive to pay it. If to don't pay they will send letters before passing your details to a debt collection agency. Local authority parking services are usually ok to deal with however most private firms have targets, incentives etc for their staff to get bookings.
Depending on the condition of the car park there maybe good grounds for an appeal. Ie if the signs and lines were not visible or obscured by snow etc technically they cannot book as they would be breaking the rules.
Title: Re: parking fine in bathgate
Post by: coolcamper55 on December 20, 2010, 05:27:07 PM
I got a letter from some outfit based in Perth, fine ?60 or if I paid up without challenging it was reduced to ?30. I complained to the Police as the allowed time changed if there was a football match on it went from as long as you like to 1.5 Hours.

The fact it took 30 minutes to get out of the park because there was a match on did not help.

I googled the lot from Perth and they do not enter into discussion on the phone only deal by letter and if the letter takes two weeks to sort you lose the chance of getting the reduced charge.

Anyway the Police went in with my ticket to the shop concerned and it vanished. Apparently there is a regular stream of police complaints, mine was just one of many.
My advise is to speak to the shop, not the customer service but the Security Manager and tell them you are not too chuffed having spent a considerable amount of money in their shop.

It worked for me.

Tommy
Title: Re: parking fine in bathgate
Post by: georgew on December 20, 2010, 05:44:16 PM
I have the fines here for a car i own parked in TK Max in Ayr.
I had to use Google Earth to find where the ticket was for,
they just sent a Post Code.

Parked 5 hours by my G/F.
Only 4 hours free parking allowed.
I have been on the top floor parking place & photographed the signs.
She just read the 'Free Parking',
 never noticed the small print '4 hours'

She hasnt been buying a ?1 ticket in Matalan either.
(you get the ?1 back, taken off your bill, not cash money tho if you pay by card)

Civil Enforcement,
Liverpool
Same people that do Micky D's for over 1 1/2 hours when actually still inside eating possibly etc.

fine was ?150 reduced to ?75 if paid in 2 weeks, sent out 4 weeks after the supposed offence.

Now i have the Debt collection letters from their Solicitors, & the Debt Collection service,
which is them selfs.
Now ?238.13

She then told me she has been there 3 more times for over 4 hours.
Funnily they must think 4 fines might not get paid, so they are only after the one offence.

I am waiting for them to raise the action.
Get a Court Officer to serve the papers for my Local District Court.

I will appear myself, show the Sherriff in the 'Means court' my G/F's reciepts for 5 hours worth of TK Max shopping & ask where fair play & extrortion meet.

So Scottish law, i am the car owner/registered keeper,
 like a Speeding ticket it really the offender they need to persue.

Obviously i should get the driver to pay me the fine, type thing.

We will see what the sherriff says,
looking forward to it.
Then the press & internet coverage i get them.
Lots of forum coverage & lots of people paying up,
 many other ignoring them.
I will refuse to pay, ignore a court award to them & will take some jail time just because i am fed up of thiefs & fagabonds.
Probably those iside will be more honourable.
Plus i am spending a fortune on heating just now,
& i dont have Sky, a cell will be comfier than my house.

george

Ps soap on a rope for my xmas please.

.
Title: Re: parking fine in bathgate
Post by: piper5 on December 20, 2010, 06:25:20 PM
my parents were caught with this in asda car park, you don't have a leg to stand on, they got lawyers involved,
if however you did purchase something in that shop on the day, produce the receipt and they will drop it
Title: Re: parking fine in bathgate
Post by: georgew on December 20, 2010, 06:40:30 PM
 ;D
Actually you are right, well half right,
 i only have one leg to stand on.
(if i wear my clear perspex leg, & stand on it,
i will have 'no visable means of support')

I await them getting a Scottish Solicitor to prepare the papers tho,
Their English law firm doesnt actually have the ability to do that.

Then the Scottish solicitor will need to get a Baliff/sherriffs officer to serve me with the papers to appear in a small claims court local to me. (civil matter)
'They' will require there representation in court, which will be a Scottish solicitor.

If Court costs & 'their' costs are awarded against me,
 it will be expensive right enough.

They need to get their grasp of the Scottish laws together tho,
i will be their test case i expect.

george

PS soap on a rope for my Xmas please.
Title: Re: parking fine in bathgate
Post by: jay2578 on December 20, 2010, 06:42:03 PM
 :D ;D :D ;D Good one George! LMAO
Title: Re: parking fine in bathgate
Post by: python on December 20, 2010, 06:44:22 PM
i agree mate, good on you.
Title: Re: parking fine in bathgate
Post by: StewartSkene on December 20, 2010, 06:49:35 PM
If it's a private company or local authority it comes under the de criminalised parking legislation. From that de criminalised parking enforcement (DPE) they won't normally take you to court as it costs too much money. If it's a local authority and you keep getting tickets and not paying for them, they will end up uplifting the motor if it gets booked again. Private firms will get debt collectors pestering you etc. Usually they will only try to go for a county court judgement if the evader has a serious amount of un paid pcn's. The only other time anybody will go to court is if you have been booked by a police traffic warden or a policeman.
Title: Re: parking fine in bathgate
Post by: sthrifty on December 20, 2010, 06:57:14 PM
Civil enforcement is the only way theses pirates can try to enforce these penalties.

To my knowledge not one case has been taken to the small claims court in Scotland.

Reason varied,in my mind they have to prove that there contract with land owner ie supermarket or shopping centre,who very rarely own the land entitles them to act on there behalf in in pursuance of a civil claim,they then have to prove that a contract has been established with the "offender".

I have had a few of these I write and request they provide me with evidence that they have a legal right to act on behalf of the landowner or a devolved right to a tennent,there then is the question of how evidence of the parking breach has been established(if photography has been used as evidence without your prior consent ,thats a breach of your human rights)

Then would if none of the foregoing help invite them to prove that there signs and notices are sufficient to establish a contract with you.

Finnish your missive inviting there "writ" and advising you will be counterclaiming for reading this and any anxiety problems

Dont pay

WITHOUT PREJUDICE
Title: Re: parking fine in bathgate
Post by: jay2578 on December 20, 2010, 07:03:51 PM
Excellent.... I`m writing all that down!
Title: Re: parking fine in bathgate
Post by: coolcamper55 on December 20, 2010, 07:10:13 PM
Glad to see that all that legal education is being put to good use Mr McEwan ;) ;)
Title: Re: parking fine in bathgate
Post by: sthrifty on December 20, 2010, 07:17:19 PM
My last missive to the council re a taxi related penalty remains unanswered (it was in latin)

Need to catch up with you soon
Title: Re: parking fine in bathgate
Post by: jay2578 on December 20, 2010, 08:16:30 PM
Latin? This gets better and better ;D
Title: Re: parking fine in bathgate
Post by: genem on December 20, 2010, 08:24:02 PM
My last missive to the council re a taxi related penalty remains unanswered (it was in latin)


I got a fine for parking a 110 SW in a Coach space on Johnston Terrace in Edinburgh a few years ago. After a few rounds of argument they accepted that A. none of their "car" spaces were large enough for a 110 SW and B. at 11 seats it was by their own definitions a "Minibus" and therefore quite entitled to use a Coach space. Smug Grin !
Title: Re: parking fine in bathgate
Post by: Sandy on December 21, 2010, 12:37:23 AM
As I understand it there are no costs awarded in the Small Claims Court - John will keep us right here - so, even if you lose, you may not be any worse off.

Fight this nonsense all the way - if big companies want to regulate their parking space they should have staff on the ground looking after it. Otherwise it's just another money making scam to fleece the motorist.

Sandy.
Title: Re: parking fine in bathgate
Post by: NIJ on December 21, 2010, 03:23:32 PM
There's lots of stuff about such charges in the Telegraph Motoring's Honest John section on Saturdays.
Generally says either don't pay, or send say a ?10 cheque in fair and final settlement.
Varying charge for "late" payment could be extortion - report to police.

see e.g.  http://www.honestjohn.co.uk/forum/post/index.htm?t=85380

I object strongly to DVLA divulging one's details so readily.

Surely also the driver rather than the car owner is the relevant party.
Title: Re: parking fine in bathgate
Post by: Radarears on December 21, 2010, 03:57:37 PM
In have experience of parking eye and the only recourse you have here is if the signs were not clearly displayed in the car park. They do work on number plate recognition and unless you either registered with the reception, hotel etc, then you will be fined.
I was not let off despite writing and sending proof of the poor signage and taking legal advice.

I know it is wiser after the event but I now double check that I have understood the parking regulations if it is not council run etc.       
Title: Re: parking fine in bathgate
Post by: 101splat on December 21, 2010, 05:26:58 PM
well thanks for all replys guys am going to hold firm and if they send any more letters i will comfirm i am the owner of the landrover but will not disclose who was driving at the time it of the aledged offence deny everything till proven guilty eg photos of me parking it there its not the money its just the big brother thing i have problum with eg dvla giving out my info to anyone who pays a fee to them i dident think they could do that i understand police/council but not private companys who are trying to scare u into paying them without a fight   thanks again for advice dave