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| ken Member Since: 18 Aug 2009 Location: Banging Birds with my bitches !! Posts: 4328  
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Yes Parking eye is a pain however they comply with plain to see notices so I'd pay this there are plenty of other ones to refute thou
The current favorite is CCTV thou now that's just not cricket |
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7th Jan 2013 7:38pm |
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| Retroanaconda Member Since: 04 Jan 2012 Location: Scotland Posts: 2651 
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Unfortunately you're probably unlikely to get away with this one.
On private land, the parking charges work by a contract with the driver of the vehicle. The signs in the car park will say this - for example "by parking here you agree to these terms etc. etc. etc.". This differs from public land (council car parks etc.) where the contract is with the registered keeper - no way out for these usually. The usual way of wriggling out of a parking charge on private land is to deny you were the driver. The onus is on them to prove you were driving, and of course you have no obligation to incriminate yourself. Unfortunately in your case because it was a hire car there's fairly good evidence that you were driving as you had hired the vehicle at the time! They may also pull CCTV images from the car park camera to identify you if you were to take it to court and they bothered with it. It will be the hire company that has passed your details onto the parking service people. So in this case I think you're not likely to get away with it, but in a normal situation if there's no way of proving it was you driving the car (as the PCN will get sent to the registered keeper) then often you can get away with it if you have the nerve to ignore the ever-increasingly serious letters that arrive. |
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7th Jan 2013 8:06pm |
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| Laurie Member Since: 22 Feb 2008 Location: Sussex, England Posts: 2897  
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.....or point them in the direction of
TIREDNESS CAN KILL TAKE A BREAK   |
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7th Jan 2013 8:28pm |
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| leeds Member Since: 28 Dec 2009 Location: West Yorkshire Posts: 8581
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It is a long time since I have hired a car. Normal condition was that the hirer was liable for any parking charges etc. IF they paid the parking fine etc, they would charge an administrative fee. Normally you have given them permission to raid your credit or debit card. I would read the small print of your hire contract closely and then decide what is your cheapest option. Brendan |
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7th Jan 2013 9:14pm |
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| markb110 Member Since: 22 May 2010 Location: Guildford Posts: 2641 
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There is a note about this in the current copy of Land Rover World
They noted a case on page 3 and said that the company involved (service station on the M40) had no legal power to issue fines and you as the driver have no obligation to tell them who was driving or pay when parking on private as opposed to public property. Their research showed that only 55% of these penalty charges were ever paid! Good luck Mark |
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7th Jan 2013 9:20pm |
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| NoDo$h Member Since: 18 Aug 2007 Location: Buried in deer guts in Dorset Posts: 972
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As noted above, you will have signed authority for the hire company to settle any fines and debit your card, however you need to read the wording very carefully. You have not received a fine as private companies cannot issue a fine - what you have is to all intents a speculative invoice. Speak to the hire firm and establish their policy with regard to these. They may take the view that having notified the thieving scum of your details they have no further involvement with them, in which case you are in the clear and can tell them you will pay them £5.00 in full and final settlement as a reasonable cost of parking in a half-empty car park. Or ignore them. Either way, there is no legal grounds for the usury they are attempting.
54 Freelander modded for mud 2008 D3 SE 2010 90 XS SW 1978 88 Series 3 undergoing surgery with a new owner 2007 90 County Truck Cab - gone 2006 D3 SE - gone 2004 Freelander Sport - gay 1999 Disco V8 ES rotted to bits |
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7th Jan 2013 9:39pm |
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| ken Member Since: 18 Aug 2009 Location: Banging Birds with my bitches !! Posts: 4328
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In my line of work we receive about 50 PCNs a day so my advice as before is pay this one Parking eye is a well run well informed company and not a typical
 one ( there are plenty out there) as Brendan has stated your in a hire car so the fine will be paid and charged on anyhow.
You where there you overstayed in this instance that's that We contest loads win most however this company have it sewn up I'm afraid we have battled and lost enough times to give this info it is your choice thou  |
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7th Jan 2013 9:44pm |
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| Retroanaconda Member Since: 04 Jan 2012 Location: Scotland Posts: 2651
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Yes. The distinction of it not being a fine is very important. What you have basically is a breach of contract (ie. by overstaying you breached the terms of the contract you agreed to by parking there), and you are being asked to pay the costs for doing so. It could be argued for example that if you over-stay by three hours in a £2-per-hour car park then the costs the operator has incurred are £6. So it's some stretch for them to demand £60 off you. There are legal grounds for them to charge you, after all the terms are on the signs, but what is debatable is them charging so much - and of course the matter of them proving just whom they have their contract with. |
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7th Jan 2013 9:47pm |
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| NoDo$h Member Since: 18 Aug 2007 Location: Buried in deer guts in Dorset Posts: 972
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That trumps my advice
54 Freelander modded for mud 2008 D3 SE 2010 90 XS SW 1978 88 Series 3 undergoing surgery with a new owner 2007 90 County Truck Cab - gone 2006 D3 SE - gone 2004 Freelander Sport - gay 1999 Disco V8 ES rotted to bits |
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7th Jan 2013 10:34pm |
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| RobKeay Member Since: 19 Jul 2009 Location: Stafford Posts: 1582 
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When I was working in London at wickes stores. We got a few tickets I ignored them nothing has come of it. Maybe just lucky.
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7th Jan 2013 10:44pm |
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| andy-c Member Since: 21 May 2012 Location: loch lomond Posts: 40 
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Don't pay and don't reply to them. I had the same thing happen to me. 1st letter £60. Next £90 with a photo of me in the car. The letter was made to look like a police letter with checker all round it. They cannot legally issue you with a fine.
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7th Jan 2013 11:26pm |
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| Welshsurferdude Member Since: 23 Feb 2012 Location: Newport Posts: 2410 
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Had a few over the years and ignored them all but you were in a hire car so hire company will charge you anyway
I only pay police or council all the others get filed in the big round bin 2008 Santorini Black 110 XS USW (Sold) 2015 Discovery 4.5 Black pack Firenze red XS 2008 Corris Grey 110 XS USW (sold) 2011 Santorini Black 110 XS USW (Sold) |
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7th Jan 2013 11:56pm |
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| warren Member Since: 14 Oct 2009 Location: East Lancs. Posts: 903 
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If it's a private company who ticket you, and you ignore the ticket, how do they get your address? I thought it was only the police or council enforced traffic wardens who could issue tickets and get your address from the DVLA.
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8th Jan 2013 1:41am |
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| Welshsurferdude Member Since: 23 Feb 2012 Location: Newport Posts: 2410
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From your reg number. Dvla sells your details to private companies basically 2008 Santorini Black 110 XS USW (Sold)
2015 Discovery 4.5 Black pack Firenze red XS 2008 Corris Grey 110 XS USW (sold) 2011 Santorini Black 110 XS USW (Sold) |
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8th Jan 2013 1:52am |
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