ChatterBank9 mins ago
Parkin Fine from Private Company
Please help advise how do i stand. I parked on a road late at night (it was dark) when I returned the following day I had a penalty notice stuck to my car window. The charge was that I had parked in a restricted area and the fuine is £80 raising to £120 if I dont pay within 7 days. In daylight I did see some signs but they are visible from where I parked and I will explain further. from the direction I entered the road there were not signs, I parked on the right hand side of the road. There were no signs at all on the right hand side of the road where I parked. On the left hand side of the road there were some signs but about 200 yards further up the road. There is no markings on the road, no yellow lines nothing and nothing to state where the restricted parking started. I only saw the signs 200 yards further up the road in day light as i walked the length of the road to see why I had a ticket, these signs would also not be visible at night. Also anotherpoint is the tiicket was put on my car at 7am on a Sunday morning and they stated the colour of my car incorrectly. They also state on the ticket that they can obtain my details from the DVLA, would this also be true. I am thinking of appealing against the fine due to there been no clear indication of where the restriction began or ended and also i was parked on a side of the road with no signs what so ever and 200 yards before the first sign on the opposite side of the road
Answers
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No best answer has yet been selected by M1969. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.I think you were lucky they didn't clamp your car - or tow it away!
From what you say I assume the road is a private road, as otherwise the company would have no right at all to impose penalties for parking there. Are there any notices at the start of the road (which you would have driven past) which make it clear it is private? If there are - & if they are visible at night - you might be faced with an argument that you should have realised from them that you were trespassing. [I'm not saying I agree with this - my own view is that these clamping outfits are often bullying sharks - but it is as well for you to be prepared if the point is raised.]
Yes, unfortunately, these people can get your details from DVLA. In my view this is a breach of the Data Protection legislation but unfortunately the powers that be are more interested in the money DVLA get for providing the details.
Because of this, you are likely to get further contact. If I were you I would not ignore it. One letter, sent by recorded delivery (keep a copy) should set out all the reasons why you will not be paying - in particular that there were no visible signs anywhere near where you parked. Then, if they decide to take you to Court you can provide a copy of the letter as proof that you did not ignore them, & it will in effect be your defence because it will state your reasons for not paying.
From what you say I assume the road is a private road, as otherwise the company would have no right at all to impose penalties for parking there. Are there any notices at the start of the road (which you would have driven past) which make it clear it is private? If there are - & if they are visible at night - you might be faced with an argument that you should have realised from them that you were trespassing. [I'm not saying I agree with this - my own view is that these clamping outfits are often bullying sharks - but it is as well for you to be prepared if the point is raised.]
Yes, unfortunately, these people can get your details from DVLA. In my view this is a breach of the Data Protection legislation but unfortunately the powers that be are more interested in the money DVLA get for providing the details.
Because of this, you are likely to get further contact. If I were you I would not ignore it. One letter, sent by recorded delivery (keep a copy) should set out all the reasons why you will not be paying - in particular that there were no visible signs anywhere near where you parked. Then, if they decide to take you to Court you can provide a copy of the letter as proof that you did not ignore them, & it will in effect be your defence because it will state your reasons for not paying.
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