I ran up to Uni on the bike today, and was pleased to see a long road adjacent to the lecture hall had lots of cars parked along it, but one or two bike sized spaces. Being a student, and careful about this sort of thing, I had a good squint up the road to see if there was any evidence of no parking signs. IN fact. I had to walk about half of the road to get back to the entrance, and didn’t see a sign. When I came out an hour later, I and about 30 other students had been ticketed.
I am absolutely bloody livid. Do they really assume that everyone who parked in that street was a gambler with money to burn? If the signs had been clear, the street would have been empty, period! Turns out there are two limp signs attached to lampposts along this 1/4 mile stretch of road, blink and you’d miss them.
So they have effectively lured at least 30 impoverished students into making themselves liable for a 60 quid fine that they can ill afford, to put it lightly! financial rape?
Is it private or municipal? Ignore if it’s private…
My brother took a parking ticket to court because the sineage was not clear. The case was heard and the ticket was dropped. I think the chap assessing it was a Jag enthusiast which may have helped.
private,
This is what I have written in blind rage so far:
I write with reference to a parking ticket I received todayon Albatross Way, Hatfield.
I attended my first lecture on De Havilland campus today,and was pleased to find a road adjacent to the lecture hall with apparently noroad markings, apparently no restriction notices and a long line of student’scars parked along the side. I have been caught out before, so I had a good look50 yards or so in each direction to check for enforcement signs. I could notsee any.
An hour later when I left my lecture, I arrived back at mybike to see that every single car on that road, including my motorbike had beenissued with a fine notice of £100.
To be frank I am furious. As I was driving out of the road,I eventually noticed a small sign tied to a lamp post directly adjacent to theroundabout, where the driver’s attention is clearly on the road and not thepavement, warning of parking restrictions.
This just isn’t fair. Are you asking me to believe that the50 or so impoverished students all saw that sign, knew the risks, and gambled£60 to park there anyway?
From the Consumer Contract Regulations of 1999:
5.—(1) A contractual term which has not been individuallynegotiated shall be regarded as unfair if, contrary to the requirement of good faith,it causes a significant imbalance in the parties’ rights and obligationsarising under the contract, to the detriment of the consumer.
Thoughts?
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OK - as Conrad mentioned you’ll need to find out whether it’s a private or municipal notice. Many people just pay private tickets because they think they can be enforced, which they can’t. Head over to http://forums.pepipoo.com/. They will ask you to scan the ticket, and possibly take photos of the signs. From what you say it is quite likely it will be unenforceable.
Googlemaps shows a couple of signs on lampposts along that road. Are they the signs you are talking about? Just at quick glance I would be surprised if that signage comes anywhere close to being adequate to enforce anything.
Oh it’s private, then yeah, you can forget it. It’s worth confirming that at pepipoo still and I think the general advice is not even bother contacting them. However, if the University have a way to charge you that money (doubtful unless you tell them it was you driving/your bike) you might want to tread carefully. As I say - pepipoo.
No clear signage, no road marking = ticket not enforceable.
When I took a Vehicle Immobilizer course (wheel clamping) and I was taught that a sign must always be clearly readable from where you exit the vehicle.
Thanks guys, from what you write I think I can calm down a touch. I’ve sent them that letter anyway on principle…the cheeky bastards…I am still livid!
tell em to swivel
I would go back and take photos of the signage just so that they don’t put any up to say ‘well it was clkearly there’
Along with the outlawing of clamping on private property, the law on this changed on Monday too. Previously you could just ignore demands for ‘fines’ for parking on private property as there was no way they could prove the registered owner was the actual driver at the time & therefore the person who was in breach of contract, However, since the new changes, the registered keeper can now be held liable for any parking charges incurred by the vehicle on private property, the same as applies for public parking fines.
Of course this all needs a few challenges in court to see how well written/enforceable the new laws are.
Even if the signs are enforceable and the driver can technically be held liable, they have to prove that you actually read them. As I understand it the only thing private land owners can take you to court for in cases such as this is ‘breach of contract’. In order for a contract to be breached you must have read and agreed to that contract. If you didn’t see the signs (or didn’t read them if you did see them) then you never accepted the contract and they have no case.
Most people advise you to just ignore any tickets issues on private land, but make 100% sure that it is a private ticket and not an official council issued PCN (penalty charge notice).
It’s a ticket from Parking Control Management(uk) Ltd.
Well, as was said earlier, post it up on one of the sites that help people with stuff like this. I use http://www.consumeractiongroup.co.uk and they’ve been very helpful. You may find that simply the way the ticket is worded makes it invalid.
Ignore ignore ignore ignore ignore …
And if you get a warning letter to your home address threatening court action unless you pay up, ignore that too.
When the next letter comes - as it may well do - you know what to do???
Yup, ignore that too.
Not one person who’s been ticketed by a private company has taken someone to court for non-payment. The explanation behind this failure to act appears to be that they’re **** scared the case would be rejected, thereby causing a precedent and their entire policy of ticketing vehicle owners would collapse.
Read what Martin Lewis has to say on the subject: http://www.moneysavingexpert.com/reclaim/private-parking-tickets
Yeah understood, but things aren’t really worse for the motorist because the changes only affect their ability to direct the charge at the RK, but that doesn’t make it any more enforceable and the hassle/costs the process for the parking company are likely to put them off chasing.
Couple of good things - one to read.
http://forums.pepipoo.com/index.php?showtopic=46975
and one to print ready for the the next time you see thirty “tickets” on cars…
http://forums.pepipoo.com/index.php?act=attach&type=post&id=17573
Its not within council duristiction, so is non enforcable. Besides the application of this fine depends on you filling out the “contract” details, name, address etc. Just write no contract on the front and send it back.
Out of interest, is the ticket made out to the owner or registered keeper? There is a difference.
All the advice I received when the fuckers hit me with such a ticket was definitely NOT to reply in any way.
Just ignore it. Plain and simple and it’ll go away.
I wavered a bit when I got the second letter but I stuck it out and nothing more came of it.
Fantastic resource. Thanks for that.
+1 for just ignoring it…
Also, if you want to be a real wind up merchant…park there again tomorrow 