Private Parking Charges

[mattylondon]

Two years ago I gave SWMBO a lift to a conference that was at a Holiday Inn hotel, I was in their car park about 5 minutes. 3 hours later I picked her up and again was no more than 5 mins. Each visit well within their 10 minutes free policy. However, I was very shocked to have received a private parking charge stating I was parked for 3 hours - my exit and entry in between had not been recognised by their ANPR system. Something called double-dip in my internet search back then. I appealed to them but never received any further correspondent from them or a POPLA code.

Maybe I was foolish to think that the matter was done and dusted as yesterday the car park operator, Civil Enforcement Ltd, sent me a Letter Before Action threatening County Court proceedings.

Unfortunately I have no idea how to defend myself. I can't prove that I left the car park and came back later.

My mistakes were when I appealed to Civil Enforcement Ltd I didn't use Signed For postage (how can I prove they got my appeal?) and I never chased them regarding an acceptance.

Unfortunately I am going to pay the inflated pre proceeding settlement they are asking for. I have no idea of the fee I would have to pay if I lost in court. So they are winning only by fear even though I did not illegally park as they claim.

I hope no other forum member has to pay an unjust penalty to any private parking operator.

To add I was disappointed with how the mangers and staff of the Holiday Inn wiped their hands of the situation and their only line was to contact their car park operator, Civil Enforcement Ltd. Since then we've avoided Holiday Inn and InterContinental Group.

Rant over.

[roberto]

if their anpr system cant prove your lying id go to court
they have no evidence

http://forums.moneysavingexpert.com/...1251735&page=2

also have a word with Dan

[tintin]

I'd just ring the hotel manager: in my experience it's not in their interests to have the bad publicity for what is fairly evidently an admin ****-up. I don't think you should need to have signed for evidence of your prior correspondence.

[moltuae]

Wording such as "Letter Before Action" are just scare tactics.

Private car parking 'fines' aren't really fines at all, they're invoices. While they could take you to court, it rarely (if ever) happens.

I'm not qualified to give you legal advice but, if it were me, I'd just ignore it.

[47p2]

Unsure about down south as I believe the law has recently changed, but up here the only persons who can dish out a parking ticket are uniformed council traffic wardens or policemen/women. My wife has a rather large accumulation of parking 'invoices' that have arrived through our door. She has never paid them and has no intention of paying them. She never replied to the 'invoices' and has had numerous letters threatening court, CCJs, loss of property etc...


What concerns me about the OP's letter is it is two years since the alleged offence and yet out of the blue they sent you this letter. If it were me I would say nothing to the enforcement company and have my day in court giving the judge the facts.

[Dezzy]

Originally Posted by mattylondon

Two years ago I gave SWMBO a lift to a conference that was at a Holiday Inn hotel, I was in their car park about 5 minutes. 3 hours later I picked her up and again was no more than 5 mins. Each visit well within their 10 minutes free policy. However, I was very shocked to have received a private parking charge stating I was parked for 3 hours - my exit and entry in between had not been recognised by their ANPR system. Something called double-dip in my internet search back then. I appealed to them but never received any further correspondent from them or a POPLA code.

Maybe I was foolish to think that the matter was done and dusted as yesterday the car park operator, Civil Enforcement Ltd, sent me a Letter Before Action threatening County Court proceedings.

Unfortunately I have no idea how to defend myself. I can't prove that I left the car park and came back later.

My mistakes were when I appealed to Civil Enforcement Ltd I didn't use Signed For postage (how can I prove they got my appeal?) and I never chased them regarding an acceptance.

Unfortunately I am going to pay the inflated pre proceeding settlement they are asking for. I have no idea of the fee I would have to pay if I lost in court. So they are winning only by fear even though I did not illegally park as they claim.

I hope no other forum member has to pay an unjust penalty to any private parking operator.

To add I was disappointed with how the mangers and staff of the Holiday Inn wiped their hands of the situation and their only line was to contact their car park operator, Civil Enforcement Ltd. Since then we've avoided Holiday Inn and InterContinental Group.

Rant over.

So basicly they have a system in place that can't cope with their own policy? And 2 years ago, pfff. don't pay anything make them prove with photographic evidence that the car was parked in the car park for that period of time. Or just send a letter to say you bought the car 18 months ago and have no idea what they are talking about.

[limoncello]

ive got one going at the moment, and its with the ombudsman, i was late back by 20 minutes to an almost empty carpark. a carpark which is basically a bit of disused land rubble everywhere and no parking bays

The "invoice" is for £60 rising to £100 if you dont pay within 2 weeks. my objection is that according to goverment guidelines they can ask for a sum which is appropriate only to their losses and you can ask for a breakdown of the looses incurred, which i did and they ignored, i could have stayed allnight for an extra £2 so i see that as their loss.

they also say that if you go to the ombudsman they will be asking for £100 only, not £60 anymore, all scare tactics to make you pay up.

im not holding out much hope of POPLA deciding for me, as they seem to run on membership from the private parking firms. but im still not going to pay.

[mattylondon]

Reading some of the other forums they mention that Civil Enforcement have a tactic of waiting and chasing unpaid parking charges for up to 6 years.

Within the letter they sent me was also a court extract of ParkingEye v Mr Beavis where the law lords rejected Mr Beavis appeal. In their judgement, the charge was reasonable. This case is different to mine as I never illegally parked. Mr Beavis was appealing against the disproportionally high penalty for overstaying. This extract was sent to me as another scare tactic trying to prove the law is on their side.

I need to join one of the 'parking penalty' forums, read more and ask for their help.

If it ever went all the way to court my defence is that I never stayed for the time they stated, it was a double entry. Evidence, I can get a witness statement from the Chair of the conference that I was not in attendance but my wife was - hence the two visits for drop off / pick up. I went shopping between the two visits - maybe I could get a transaction time from my Bank which would show me, my card, was used miles away when they say I was parked.

I wish England and Wales would follow the law like up north regarding these parking cowboys.

[mattylondon]

Originally Posted by limoncello

The "invoice" is for £60 rising to £100 if you dont pay within 2 weeks. my objection is that according to goverment guidelines they can ask for a sum which is appropriate only to their losses and you can ask for a breakdown of the looses incurred, which i did and they ignored, i could have stayed allnight for an extra £2 so i see that as their loss.

They will try and use this recent case as a precedent.

http://www.parkingcowboys.co.uk/private-parking-law/

The Muppets at Civil Enforcement included this case with their letter to me to add weigh and scare tactics that the law is with them.

Which parking company 'invoiced' you?

[limoncello]

it is Parking Eye based in Croydon