fivetide

iTrader: (1)

I'm sure i read on here that a parkign fine issued for private grounds is unenforcable, is that right?

My sister has a parking ticket for staying 20 minutes past the alloted free parking at a shopping centre. they have sent pics of her car going in and out (although the out one doesn't show the plate). She was genuinly there but they are demanding £95 for a 20 minute overstay which is total rip off.

Anyone got any ideas? Also it is in england (Meadowhall actually) as i know the regs are different to sunny Scotland!

Cheers,

5t.

PeteBrant

I suppose they could go after you in a small claims court - Stating your siste rknew the "rules" before she parked there, or if she didn;t they were clearly advetised.

But I'm with you - I would tell them to get to ****.

CyprusScooby

They really don't have a leg to stand on.
Where they displaying signs stating that people would be photographed and pics would be used as evidence? I doubt it!
Also they are commiting an offence under Regulation of Investigatory Powers Act (RIPA). Basically in waiting for your sister to come back to her car so they can photograph her, they are undertaking an illegal surveillance operation. Right back to them quoting this and they will quickly back down!

fivetide

iTrader: (1)

Cheers guys. I'll ask about signage. I assume the camera is automatic and on the entrance but it will be interesting to see if the signs mention it and if that defence works!

Deffo want to tell them where to shove it.

5t.

Bodgit

she could also argue it took 15 minutes to find a suitable parking spot and as she tried to leave her pathe was blocked by another vehicle for 10 minutes, thereby she was not "parked" for an extra 20 minutes.

CyprusScooby

If it was CCTV, it would need to have notices up at entrance to the car park. Plus you can also ask them to give you free a copy of the footage.
CCTV used in carparks is normally only used for security and as this is not a security issue, it means they are using it for means that it is not intended for which is also illegal under RIPA.

andy97

iTrader: (1)

These private parking companies have little powers to enforce the fine. DO NOT contact them, ignore all threats and eventually they go away. If you start communication, they will harrass you till the cows come home.

room 512

Have a look here, may be of some use:- Sheffield Forum - Has anybody else been fined for parking in the Meadowhall Retail Car park?

Chrisgr31

I'd ignore it. The moment you respond they know that they have the owner of the car, and if she states she was driving it is even worse.

The cotract for parking was between the driver and the car park operator. The driver may not be the RK, and the RK has no obligation to name the driver. If the picture clearly shows the driver then there may be a problem but I'd still say its not worth the car park operator chasing. They just hope people will pay £95.

My car was parked in a prive car park over a year ago and overstayed its welcome and received a ticket. I ignored the 3 requests for payment and haven't heard anything for 6 months or so. I'll let you know if a summons arrives!

NACRO

I just send a form letter stating I wasn't in the place at the alleged time and invite them to take me to court if they want to enforce as I will be more than happy to see them laughed out of the place.
I also explain that any further demands will be replied to with my standard 'Correspondence handling fee' letter and that continued dialogue constitutes acceptance of the £100 charge I will levy for said service.

Oddly enough I never hear anything from them again.

boomer

Visit FightBack Forums to answer all of your questions!

mb

fatherpierre

Tell em to stick it.

Ask them to prove who actually was driving at the time, request footage of the cctv and, as above ask them for proof of authority under RIPA to use any images/footage in order to obtain proof of her car leaving.

fivetide

iTrader: (1)

Thanks guys. Taking the advice. They actually sent pics from the camera so you can see the car and my sis drive in but the exit pic doesn't show the reg plate, just the roof of what could be any car at all! Seems like a common issue from that Sheffield Forums link too with people driving in, not being clocked out, coming back and then being done for one stay. Total idiocy!

5t.