Parking Fine Question??

[jd_1984]

I know there are mixed views on this, but what I am looking for is the official legal stance on the below;

I was issued a parking fine by Paid Parking Company a private car parking management comapny based in Chorley, Lancashire.
I was sent a very obscure letter saying that I owed them £100 (reduced to £50 if paid within 14days - the usual blurb!)
My honest recollection of the evening in question is that I DID properly pay and display.
They have CCTV footage of me arriving and leaving the car park, which I admit to.
What they are saying is that there is no record of vehcile details even resembling mine in their system (one of those machines where you punch in your reg number). But this is total rubbish, I know that I did!!

I have advise ranging from "Ignore them, flat out. It is not enforcable by law as it it sprivate land and they will send a couple of formal looking letters and leave you alone" and "These companise just try their luck but cant do anything, dont be so gullible!"
To " You should really should pay they can chase you up in a civil court and throw all kinds of extra charges at you!"

To clarify, I am not trying to avoid a penalty that I am guilty of, I genuinely paid and displayed, it has to be an error on their part but how do I go about proving my case, I threw the ticket away! Or should I even bother trying, will it just go away.....?????

[EDDIE51]

Look at this
http://www.ticketfighter.co.uk/private.htm
THESE ARE NOT FINES !!!
Only the police or a local authority can issue a fine. These tickets are just a request for payment , they are NOT legaly enforceable just ignore them.

[cathfromsaron]

if it comes to it THEY have to prove you DID NOT pay NOT vice versa!

[jd_1984]

I have writen to them stating that they, as the accuser, must provide me with evidence to back up their claims.
I am not prepared to pay a fine based on an unsubstantiated claim by them. They wrote a second vague and unsubstantiated letter which I am inclined to ignore as they have not answered any of my questions (such as providing cctv footage or an electronic read out from the machine proving I didnt pay) I.E show ME the evidence that your claim is based on??

[New Judge]

Just a point of pedantry on what Eddie has said. In fact only a court can issue fines (although some bodies such as the FSA and HMRC also issue notices for payments which they term as fines). The police and local authorities issue Fixed Penalty Notices (FPNs) or (in the case of the police dealing with disorderly conduct) Penalty Notices for Disorder (PNDs). If these notices are declined or not paid and the matter ends up in court the thr court may levy a fine.

[jd_1984]

Thanks.
I am partially inclined to ignore all together. BUT I want to prove my innocence too, I am stubborn like that!!
I know i paid and displayed, I kind of want an apology!! But why get stressed over it, as you say they cant actually LEGALLY fine me only write to me to notify that I owe them a fine.

[EDDIE51]

As you have been told twice . this is NOT a fine , only a court can issue a fine. This is just a request to pay an invoice it is NOT repeat NOT enforecable in law !

[themas]

I'm sorry Eddie, but I don't agree. It is a civil matter, not a criminal one, which is why it is not a fine. However, there is nothing to stop the company issuing a County Court claim for the money + costs. jd would then have to enter a defence, there would be a Court hearing & the judge would decide on the basis of the evidence. In essence, the claimant would have to prove to the judge's satisfaction that, on the balance of probabilities, jd did not pay. To do this, the company would have to provide to the judge some, maybe all, of the evidence jd has already asked them for.

[dotty.]

I park on the flat iropn twice a week and it's easy to punch in your 3 letters wrong, but even so, you should always keep the white ticket and check you have keyes in the correct details. if you've keyed in the wrong letters the traffic warden will have maybe noticed, but, i have also seen them in action and they take pictures with a digital camera of your car's position, the windscreen if it has no ticket, the number plates and your tax disc, so ask for the pictures and park behing RBS in future it's free.

[dotty.]

and if you were born in 84 and went to souies you'll know my daughter

[EDDIE51]

themas, There are several cases of these parking companies going to court , however recently they have been awarded negligible damages usually £1 .
There was a case in Oldham I believe , in addition to the damages the companies have been ordered to pay their own costs of around £1500 .
No parking company is going to go to court now, although as you correctly state they can do so if they want to risk being charged £1500 to recover £1.

[dotty.]

as i have said, it's my local car park and i know that if he had not bought and displayed a valid ticket with the correct 3 letters from his number plate on it, the warden would have at least 5 photos of the car and so he needs to ask for copies.

[themas]

Eddie - I'm glad you agree it is enforceable. Of course, the outcome in any particular case will depend on the facts, & on what evidence is presented to the judge. I know a lot of these are pretty dubious - shark type outfits out to make a quick buck - but that doesn't apply to all of them. Some will be large car parks (supermarkets; motorway service areas etc.) where there might be seen to be more of a justification for a penalty.

[danchip]

jd, how did you pay for te parking, i ask because all of the machines around where i live that you have to put your reg number in only accept credit/debit cards and if this is the case then you will have a record of it on your bank statement!

[jd_1984]

danchip - cash. Input reg, then put in the coins, then press for ticket.
They are claiming there is no record of any reg even resembling mine!
I have had car 2 years. Ok perhaps it is possible to have mis-entered a digit, but they say "not even resembling mine"

[sir.prize]

Have a look at these BBC Watchdog clips



A good suggestion is: Do not contact them again.

[sir.prize]

[factor-fiction]

I know the position regarding Penalty Charge Notices on places like supermarket carparks, but do the examples on Watchdog also include 'Pay and Display car parks then, sir.prize? Does that mean we can avoid payment on any car park where there is no barrier to prevent you leaving?

[sir.prize]

factor - where there is no barrier, it generally means that the parking is pre-payment.