BS: Parking charge scam notices - don't pay

Subject: BS: Parking charge scam notices - don't pay
From: theleveller
Date: 16 Feb 12 - 03:45 AM

A member of my family recently stayed over the limit in a car park next to Asda and received an 'Charge' notice through the post demanding £90 (£50 if paid within 14 days) - all official, with photos of the car entering and leaving. Thanks to the advice of some friends on Facebook, I've now discovered that these are a complete scam and there is no need to pay them. The parking company will go through the process of sending various scary letters from fake solicitors and debt collectors threatening legal action but they never take it - one of the reasons being that they can only claim against the driver and they have no way of knowing who that was, only who the car is registered to.

Parking companies make a fortune out of these so-called charges so don't pay if you get one and don't respond to their letters.

Here's an excellent site that puts it all in perspective (be sure to watch the video of a solicitor showing what to do with the charge notices).

http://forums.moneysavingexpert.com/showthread.php?t=2214803

Subject: RE: BS: Parking charge scam notices - don't pay
From: theleveller
Date: 16 Feb 12 - 03:58 AM

One thing that did surprise me is that these companies can get the owner details from the DVLA - I assumed that only the police or proper authorities could get this information. Yet another example of personal information being accessible to devious people.

Subject: RE: BS: Parking charge scam notices - don't pay
From: Mr Happy
Date: 16 Feb 12 - 04:27 AM

theleveller,

Thanks for the heads up, will pass around

Cheers

Subject: RE: BS: Parking charge scam notices - don't pay
From: Rob Naylor
Date: 16 Feb 12 - 05:51 AM

FOR NOW they can only take action against the driver. When the new laws are passed this year parking enforcement companies that are members of the "trade body" (BPA) will be able to take action against the *owner* of the car, irrespective of who was driving it.

There's a petition against this huge extension of their powers on the government petition website but it seems to be under most peoples' radar. The powers are conferred under Clause 56 of the Protection of Freedoms Bill (should read Erosion of....). You can read about it and access the petition at:

Stop Clause 56 Site

Subject: RE: BS: Parking charge scam notices - don't pay
From: Owen Woodson
Date: 16 Feb 12 - 05:52 AM

They're not a scam. Owners of car parks are empowered to make excess parking charges under the Road Traffic Act 1984, in exactly the same way that local authorities are. The reason that failure to pay seldom results in prosecution is because of the costs involved in court action.

BTW, anyone can get owner details from the DVLA. That's what you do if a car bashes into you and you aren't able to collect the owner's name and address or his insurance company.

Finally, it's not the driver who gets the charge but the vehicle's owner. Therefore, there's no need for proof as to who was driving it at the the time.

The best way to avoid excess parking charges is not to outstay your welcome.

Subject: RE: BS: Parking charge scam notices - don't pay
From: Rob Naylor
Date: 16 Feb 12 - 05:55 AM

DAMN.................THE PETITION IS NOW CLOSED.

It only got 7,000 sigs so looks like Clause 56 will stay and pass into law.

Subject: RE: BS: Parking charge scam notices - don't pay
From: Mr Happy
Date: 16 Feb 12 - 06:09 AM

IMO govt takes no notice of petitions

Subject: RE: BS: Parking charge scam notices - don't pay
From: Rob Naylor
Date: 16 Feb 12 - 06:13 AM

Owen:

All fine and dandy IF you assume that Parking Cos are altruistic organisations who never ever exceed their remit, or are never anything other than reasonable in their approach.

I've not personally fallen foul of them but have enough friends and relatives who have to know that even in clear-cut cases of excessive zeal or being plain wrong, they continue to send out threatening letters for months in some cases.

There's also the case that something like a £90 fine for over-staying 5 minutes at an ASDA is out of all proportion to the harm suffered. Sending say a £10 checque in "full and final settlement" and laying out in writing that you believe that this is a reasonable recompense for the inconvenience to the car park owner generally works.

Subject: RE: BS: Parking charge scam notices - don't pay
From: Rob Naylor
Date: 16 Feb 12 - 06:14 AM

As I understand it, if a petition on the official government petitions website gains 100,000 signature, they HAVE to give parliamentary time to discussing the issue raised.

Subject: RE: BS: Parking charge scam notices - don't pay
From: Richard Bridge
Date: 16 Feb 12 - 06:21 AM

In my experience, argumentative correspondence usually eventually results in the parking companies going terminally silent.

Subject: RE: BS: Parking charge scam notices - don't pay
From: Owen Woodson
Date: 16 Feb 12 - 06:25 AM

I didn't say anything about parking companies being altruistic. They're not. But if you've been wrongly charged that's the time to dig your heels in and scream like mad. Not if the rules are clearly stated and you haven't obeyed the rules.

Subject: RE: BS: Parking charge scam notices - don't pay
From: theleveller
Date: 16 Feb 12 - 07:04 AM

"BTW, anyone can get owner details from the DVLA. That's what you do if a car bashes into you and you aren't able to collect the owner's name and address or his insurance company."

There's a specific click through on the DVLA website for getting details in the event of an accident. What I am questioning is any Tom, Dick or Harry being able to get your name and address and harass you for any reason at all.

Subject: RE: BS: Parking charge scam notices - don't pay
From: theleveller
Date: 16 Feb 12 - 07:13 AM

"There's also the case that something like a £90 fine for over-staying 5 minutes at an ASDA is out of all proportion to the harm suffered."

The point is that it isn't a 'fine' - only the police or those authorised by law can issue fines. What it is is a speculative invoice for an implied contract that can only be enforced by taking legal action through the county courts, where it can be challenged.

Subject: RE: BS: Parking charge scam notices - don't pay
From: Richard Bridge
Date: 16 Feb 12 - 09:51 AM

I have not checked Owen Woodson's references to the 1984 Act, above, but it appears to contradict what you say, leveller, about this being a purely contract matter.

Subject: RE: BS: Parking charge scam notices - don't pay
From: GUEST,leeneia
Date: 16 Feb 12 - 11:50 AM

"all official, with photos of the car entering and leaving."

Hmmm...

A customer could enter and leave on a Monday.

Enter and leave on the next Friday.

A crook from the parking company could show the photo of the customer entering on Monday and leaving on Friday and falsely claim that the car was there the whole time, could they not?

Subject: RE: BS: Parking charge scam notices - don't pay
From: Ebbie
Date: 16 Feb 12 - 01:41 PM

In Juneau, Alaska, most or our 'car parks' are differently monitored- they hook up a 55 gallon drum to one's wheel and give a phone number to call to get 'unbooted'.

In most places, it costs $60 CASH to get disattached.

Subject: RE: BS: Parking charge scam notices - don't pay
From: Richard Bridge
Date: 16 Feb 12 - 02:15 PM

Clampers are regulated in the UK and should be more so.

Subject: RE: BS: Parking charge scam notices - don't pay
From: McGrath of Harlow
Date: 16 Feb 12 - 03:46 PM

...they can only claim against the driver and they have no way of knowing who that was, only who the car is registered to...

You aren't really called Chris Huhne are you, the leveller?

Subject: RE: BS: Parking charge scam notices - don't pay
From: theleveller
Date: 17 Feb 12 - 03:20 AM

LOL! Actually, though, I did once get a speeding fine (only the second in my life)and neither mrsleveller nor I could actually work out which of us would have been driving at the time. So I took the rap and because it was for doing 33 mph in a 30 limit I was 'let off' with attending a speed management course (which I quite enjoyed as we were told how to find out where speed traps were being placed and the most likely places to get caught speeding).

Subject: RE: BS: Parking charge scam notices - don't pay
From: Ebbie
Date: 17 Feb 12 - 11:43 AM

33mph in a 30mph zone? What? Implausible, innit?