If it is from a private company and not the Police.
This is the advice of Tim Cary a Solicitor who specialises in traffic law and appeared as a guest of Anne Robinson on the BBC program WATCHDOG which was shown on BBC1 on Thursday the 6th of May 2010.
Tim stated that he ‘was surprised at the volume of these fines being issued’ and said, ‘ People don’t have t deal with them, people don’t have to answer them because it is NOT A CRIMINAL OFFENCE not to answer these unless they are from the police.’
Anne Robinson then said that ‘People are worried about being taken to court… what are their chances of being taken to court?’
Tim answered that ‘It is up to the parking company to sue the driver NOT THE OWNER OF THE VEHICLE OR REGISTERED KEEPER and they have to prove that the driver was in breach of some contractual term,
Anne then asked ‘will they do that?’ and Tim said ‘I don’t know of any cases where they have done it and it would be incredibly difficult to mount a case before a County Court.
Anne then went on to mention people’s other worry about when debt collectors get involved and peoples credit ratings getting marked down.
Tim, who is an expert in traffic law said ‘Complete nonsense, complete nonsense. The only way that you will have your credit rating damaged is if you were to get a County judgment against you that was registered’.
And since he already indicated that that would be nearly impossible for the Private Parking Companies to do and to his knowledge they haven’t done it yet. I wouldn’t worry about ignoring parking fines no matter how officious they may seem.
As a matter of point, Anne Robinson pointed out that the fine itself, complete with photos of the ‘offending vehicle’ really did look like an official penalty charge and Tim agreed that it looked impressive. He then went on to state that if his Mum got one he would advise her to fold it up into a paper aeroplane and simply throw it away.
So it seems that the Parking Companies have been telling us a few porkies…
How To Deal With Private Parting Companies – A Truth Hunters Film
My response to this company was as follows…
To whom it may concern,
I received notification of a parking charge your company believe you can charge me for parking my car in the car park for the DW Sports centre in Warrington.
Firstly your so called notice is nothing but an attempt to frighten people into paying your invalid charges. The so called notice is not legally binding as no contract agreed or implied has been entered into as I cannot confirm I was the driver of the vehicle at that time.
I would like to draw your attention to the following article and believe that as your company is a private company and is not associated with either the local council or police authority, your charge is invalid.
I have not and will never enter in to any contract agreed or implied with your company nor have I broken any law or statute. I have returned your notice clearly marked “No Contract Return To Sender” as I have no wish to enter into contract with your company.
Further action on my part will incur charges which be chargeable to your company!
My charges will be invoiced at the following rates…
Initial Charge of £250 then £100 each time I have to respond in relation to this matter. All legal expenses and costs will be charged in addition to the above charges. Pursuing this matter will trigger these charges and by doing so, your company agrees to these terms.
I look forward to your response within 7 days.
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