Author Topic: can you get away with never paying in a private car park?  (Read 404 times)

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NBSCMN

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can you get away with never paying in a private car park?
« on: December 07, 2023, 11:12:30 am »
my friend is saying that as you can always contest these tickets. Can you basically never pay? I would assume there would come a point where if you repeatedly do this in one car park or with one company, they would use all of the contraventions and build a case against you?

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slapdash

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Re: can you get away with never paying in a private car park?
« Reply #1 on: December 07, 2023, 11:46:25 am »
You can contest anything you want.

Doesn't mean you will win.

Millions of private tickets are issued annually. Most (rightly or wrongly) are paid.

Many thousands of people are routinely sued. Some companies are more aggressive than others.

If your friend puts it into practice sooner or later it will end badly.
« Last Edit: December 07, 2023, 12:22:01 pm by slapdash »

cp8759

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Re: can you get away with never paying in a private car park?
« Reply #2 on: December 11, 2023, 11:13:19 pm »
my friend is saying that as you can always contest these tickets. Can you basically never pay? I would assume there would come a point where if you repeatedly do this in one car park or with one company, they would use all of the contraventions and build a case against you?
I could probably park in many places where you're not supposed to or without paying and I could use my knowledge of the system to get out of virtually any council PCN.

Would it ever be worth the hassle? No, not in a million years.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
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DWMB2

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Re: can you get away with never paying in a private car park?
« Reply #3 on: December 12, 2023, 10:22:19 am »
I could probably park in many places where you're not supposed to or without paying and I could use my knowledge of the system to get out of virtually any council PCN.

Would it ever be worth the hassle? No, not in a million years.
I'd agree with this for private PCNs too. The plethora of private parking companies operate with varying degrees of competence - there are some that if I received a charge from them, I'd be confident I could get it cancelled, even if I was "bang to rights" in terms of breaching the terms and conditions. Others do operate in a more by the book manner, and absent an obvious defence would be much more difficult to challenge.

But even with the companies I'd be confident in successfully challenging, I'd never deliberately acquire a Private Parking Charge, as the hassle isn't worth it. All it takes is for the initial notice to go missing in the post (a look through here and PePiPoo will vouch for how often that can happen) and then you end up dragged into going to court over what would have been a 2 pay and display ticket.

It's also worth bearing in mind that the reason these companies exist, and are hired by landowners, is because people mis-use their car parks. Deliberately doing so if anything encourages their spread.

slapdash

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Re: can you get away with never paying in a private car park?
« Reply #4 on: December 12, 2023, 11:25:26 am »
All it takes is for the initial notice to go missing in the post (a look through here and PePiPoo will vouch for how often that can happen) and then you end up dragged into going to court over what would have been a 2 pay and display ticket.

When the Royal Mail ran their own test a few years ago (and these would definitely be clearly and perfectly addressed) 17 out of 15,000 were lost (that seems extraordinarily high to me).

Dreadful problems can result (though the chances of a reminder also getting lost are down to 1/million approx).

Given so much is now on line the vast majority of post now is actually important.

There seems to me to be a particular problem with post from the DWP, HMRC (though most is online) and individual DVLA letters. Often those that I receive are not properly visible in the window envelope. The service the NHS uses is also poor in this respect.

Government departments seem to be putting in place systems to help. Everytine (as far as I can tell) DWP send me something they also text.


Southpaw82

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Re: can you get away with never paying in a private car park?
« Reply #5 on: December 12, 2023, 03:35:13 pm »
The service the NHS uses is also poor in this respect.

My local health service uses a system that occasionally sends out an appointment letter after both (1) the appointment date has passed and (2) a wagging finger letter pointing out that the appointment has been missed has been sent.

sparxy

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Re: can you get away with never paying in a private car park?
« Reply #6 on: December 15, 2023, 05:21:45 pm »
Even if the post is not lost, the health systems get confused. A friend had an appointment, went to it, got booked in and sat down only to be told 45 mins later that his appointment had been cancelled, and he should have got a letter re-arranging it. Quite how they booked them in for their appointment when it had been cancelled I'll have no idea.

Alas, back to the topic of the thread - I've had approx 3 private tickets. Two were before PoFA came in (so ignored), and the latest was parking out of a stores hours which was cancelled by the store. Although I'm very aware of most PPC's ineptitude, I simply do not have the time or will to fight one unless I absolutely have to, so I try to remain within the "rules".

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tonys

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Re: can you get away with never paying in a private car park?
« Reply #7 on: December 16, 2023, 09:16:30 am »
It's also worth bearing in mind that the reason these companies exist, and are hired by landowners, is because people mis-use their car parks. Deliberately doing so if anything encourages their spread.
I think that's a point that's lost among some standing up for their perceived right to park their car on anyone's property, whenever they feel like it. Take for example a local garden centre located close to the railway station. Their carpark was routinely filled with cars left all day by people commuting into thr city. Engaging PPC caused the staff a lot of grief initially, but that settled down after a while, and it's made a big difference to the use of their car park.