AM parking services ltd Ticket

[simong93]

Hi Guys i hope this is the right section. I parked up in maidstones car park around the back on tescos to take a phone call from a customer. As soon as i pressed answer a unmarked traffic enfourcer came from around the corner got a pic off the car and slaped a ticket on my window. I tried to explain it wasnt in the way, im here so if i need to move i could and does he also endorse driving while on the phone.

He refused to help me and i am now awaiting a letter through the door. My question do i have to pay or do i just ignore the letter's as i feel this is a unwarented ticket. Also on the ticket it does say if i dont pay they will get debt collectors involved for the sum of £100

 

[Merchant UK]

Just to clarify, Did the car park belong to Tesco? Were you parked up in a bay or just stopped in the road? Secondly did you explain to him that he has to give you time to park, and finally no one except the Police can Fine you for talking on your phone and certainly not on private land. What does it say on the ticket?

 

[kjmcculloch]

Personally, I'd ignore it. They are parking charge notices and really no more than an invoice for a breach of contract. Generally they get fed up. I've certainly not heard of anyone being taken to court for it.

 

[simong93]

Just to clarify, Did the car park belong to Tesco? Were you parked up in a bay or just stopped in the road? Secondly did you explain to him that he has to give you time to park, and finally no one except the Police can Fine you for talking on your phone and certainly not on private land. What does it say on the ticket?

The car park was private property i was stationary in a residents spot as there was no other spots. So no it dosent belong to tesco.
I was in a bay.
Yes i did he just said i must apeal.

On the ticked it just says failure to provide a permit.

 

[simong93]

Personally, I'd ignore it. They are parking charge notices and really no more than an invoice for a breach of contract. Generally they get fed up. I've certainly not heard of anyone being taken to court for it.

Thats what i thought but i just wanted to make sure

 

[Merchant UK]

Personally, I'd ignore it. They are parking charge notices and really no more than an invoice for a breach of contract. Generally they get fed up. I've certainly not heard of anyone being taken to court for it.

Kinda bad advice there without any guarantee that the OP will not incur further charges

These kind of things are best dealt with as they happen and certainly not left, If no one was taken to court then it kind of defeats the object of parking enforcement

 

[kjmcculloch]

You could pay it. All I said, is I woulnd't

 

[Merchant UK]

The car park was private property i was stationary in a residents spot as there was no other spots. So no it dosent belong to tesco.
I was in a bay.
Yes i did he just said i must apeal.

On the ticked it just says failure to provide a permit.

So you was parked in a private residents parking bay, so you was caught out. I would simply pay and be done with it how much was the charge?

 

[kjmcculloch]

http://www.penaltychargenotice.co.uk/private-land-enforcement/parking-charge-notices/

Take a look here, or here

http://www.moneysavingexpert.com/reclaim/private-parking-tickets

 

[kulture]

as an aside, using a phone whilst driving is an offence which relies on the definition of driving. In law you are driving UNLESS the car is parked with the engine switched off.

 

[OldWelshGuy]

if you were IN the car then you weren't parked. to park a car the engine has to be turned off and you have to get out.

So I would fight it on that basis.

 

[cholland]

This sounds like a ticket from the council? If this is the case do not ignore the ticket as it is enforceable but I would go with the above and appeal on basis you weren't parked.

 

[simong93]

This sounds like a ticket from the council? If this is the case do not ignore the ticket as it is enforceable but I would go with the above and appeal on basis you weren't parked.

Nope this is a ticked by a private company is there any way i could contact the DVLA and tell them not to give out my details

 

[The Resolver]

You cannot prevent DVLA giving the information. But always best to simply refuse to pay. They have no right to force you to pay or issue a fine. If you do not pay the only way they can claim monies is by issuing a claim in the County Court and obtaining a judgment. That will cost them more than the sum claimed from you. If they win the case they would only be entitled to their court fee (say £35 or £25 if issued online - although other court fees will be added if it want as far as a full final hearing) not their legal costs so they are bound to lose more by suing than forgetting all about it. It is a good defence to say you had not seen a notice to say it was private land or that given the circumstances of the short stay, the sum they claim is unreasonable.

BTW they cannot also add anything to your credit file until such time as they have obtained a court judgment and you then do not pay.

The simplest step to take that puts them on the back foot is to require them to follow Annexe A to the Practice Direction on Pre-Action Procedure which means answering many questions you can raise about their claim (name and address of land owners, copy of their authority to take action on behalf of the landowners, location of the sign, content of the sign, identity of the driver on the day - DVLA only gives registered keeper etc etc). Their staff and systems are simply not set up to follow the Practice Direction and so they ignore. By ignoring the Practice Direction they risk being punished in costs by the court whatever the outcome. But simply by referring to the PD tells them you will be a tough opponent were they to issue in court so they just drop it (after a series of chaser letters that do not respond to your request)

 

[MBE1]

The ticket is almost certainly unenforceable, these companies simply rely on you paying on the threat of action. Do a bit of research, plenty of info around the web.

 

[Faevilangel]

as above, ignore them, BBC watchdog done an episode on them, the ticket is not a fine but an invoice, meaning they can't endorse you for not paying and they need to go through the courts as a civil matter.

Had this with my local Tesco, said I overstayed the 3 hour limit, told them to prove it and they couldn't, ignored their calls and they went away.