Parkingticket
A website
to give advice on UK parking regulation and help those unlucky enough to
have received a parking ticket. Website: www.parkingticket.co.uk Email parkdoc@parkingticket.co.uk
for comments etc
I am occasionally contacted by motorists who have received a parking penalty notice issued by a private parking management company. Such companies look after supermarket, retail park and station car parks. They would appear to be on the increase if the number of these enquiries I receive is any indication.
The tickets look official although give no indication on what legal basis they are issued. I have long held the view that they have no legal authority, but faced with a doubling of the fine if payment is not received within a specified time and the threat of court action, a significant number of people pay up to avoid any hassle.
Roy and Angela Norris went to Manchester Airport in October 2001 to collect their children from Arrivals. Roy purchased a pay-and-display ticket and fixed it to the windscreen of their car. Within half an hour they returned to the vehicle and were shocked to find a parking ticket under the wiper blade. The car park attendant was close by so Roy asked him why the ticket had been issued. He said, "Because there was no ticket displayed." When he pointed to the ticket on the windscreen the attendant refused to discuss the matter further.
Angela
phoned Excel Parking on their 50p per minute premium rate number to complain
and was asked to send in the pay-and-display ticket. She kept the original
but sent in a copy and asked for the penalty notice to be cancelled. Excel
wrote back saying "…we feel that the Notice was correctly issued.
The car park attendant has stated on his records that all the windows were
checked
and there was no sign of a ticket." The letter went on to demand £60
within seven days with the threat of court proceedings if payment was not
received.
Following legal advice Angela wrote to Excel Parking again and also to Manchester Airport. The Airport did not even have the courtesy to reply and no more was heard until February 2002 when Excel sent a 'Notice to Debtor of Intent to Issue Court Proceedings.' This time payment of £100 was demanded within seven days with the threat of interest accruing and a further £70 in court fee and solicitor's costs if payment was not received. Angela acknowledged receipt of the Notice and said that she looked forward to meeting them in court!
By the time that the case came to court the charges had been further increased to £178. "The case was heard on 18th June and were we nervous," said Angela. "We had to send everything twice, one lot to the court and the other to their solicitors. Around a week before the hearing we received a bundle of 26 pages from Excel, including photos of the parking place, price board, map of where the car was supposed to be parked and the car park attendant's statement."
Angela said that on the day of the hearing they felt like lambs being led to slaughter. The judge asked to look at the original ticket and said that we had submitted the papers relevant to our defence whereas Excel had only one page out of the 26 sheets that was relevant. Comparing the car park attendant's signature on the penalty notice with those on the court documents, which he was supposed to have signed, he thought they looked different.
The judge turned on the Excel representative and tore strips off him, according to Angela. He even said that Trading Standards might be interested in the 50p per minute phone charges. She said that the judge also criticised Excel for being unable to produce a witness as the car park attendant no longer worked for them.
"Oh my did we feel good," said Angela. "At last justice was done - after nearly two years - what a load off our minds. It was a lot of hassle but I am glad that I did not let this company rip me off!" Angela said that she hoped that her success would give encouragement to others to challenge private parking tickets - particularly those issued by Excel Parking Ltd!
"It's about time something was done about this company and the way
they earn their living," said Angela. "If I can be of assistance
to anyone in a similar situation I can be contacted via angelanorris1@hotmail.com."
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