A bit of legal advice please

[Sam_M]

So basically I have just turned up to my partners parents house and her mum has been given a parking ticket by a private firm for parking on private property. Now the car park has 2 small unlit signs at either side of the car park and nothing at the front. The ticket was given at half 9 tonight so it was dark. Now checking the firms website, who are gmd car park management both the number on their site and the number on the ticket are invalid and the only way to pay is via cheque to some mans house. The only way to appeal is to a hotmail email address so doesn't seem very legit.

So what do people recon? Should she pay or should she just ignore it?

Thanks

 

[admin]

Just ignore them, she'll probably get all sorts of nasty and even more threatening letters through, but basically, the only one she needs to look out for would be if the company goes to court... but given the high cost to apply for court action vs the likelyhood of winning... this will probably never happen.

Take a read: http://www.parkingcowboys.co.uk/parking-tickets/

 

[alexd]

Just ignore them, she'll probably get all sorts of nasty and even more threatening letters through, but basically, the only one she needs to look out for would be if the company goes to court... but given the high cost to apply for court action vs the likelyhood of winning... this will probably never happen.

Take a read: http://www.parkingcowboys.co.uk/parking-tickets/

I also used to ignore them... but there have been legislation changes which impact this strategy. I recently got issued a ticket and decided to pay it

Until last year that would have been the right advice... however, there is now greater enforcement capabilities held by parking companies (specifically Section 56). I would look for examples where the parking company is not complying with the code / obligations, which is still a legal requirement

The site above has this explained http://www.parkingcowboys.co.uk/protection-of-freedoms-act/

Also the appeals process / Parking Ombudsman heavily favours the parking companies interests!

 

[Sam_M]

Thanks for your replies, this is the thing from what ive read people have differing opinions, i think she is just going to ignore it and hopefully nothing will come of it

 

[Tom]

GMD don't appear to be approved by the British Parking Association, in which case POPLA is not applicable
A good thing if they are not BPA approved is they cannot request details from the DVLA

http://www.britishparking.co.uk/Approved-Operators

 

[Sam_M]

Thanks for checking Tom, does this mean they cannot get her address etc?

 

[Dusty]

They're chancing their arm to be honest. If your partner's mum pays the ticket they're quids in, if she doesn't they haven't really lost anything either.

If they don't have access to DVLA then no, they won't be able to look up the address that way.

 

[Sam_M]

Thankyou so much everyone

 

[Tom]

Thanks for checking Tom, does this mean they cannot get her address etc?

No guarantee that they can't

But POPLA is meant to be an independant body from the car park operators established as part of the review that outlawed private land wheelclamping.

Either GMD are a member and not currently on the website list, are there under a different name, or to the best of my knowledge the dvla should refuse any request for registered keeper information

If I'm correct they can't get details and there will be no letters to worry about

I'm awaiting contact with regard to a ticket from someone who is BPA approved, and have been waiting over a month. Under the parking operators appeal process I have no grounds of appeal, and under POPLA I have no grounds of appeal.
Im waiting to ignore any stroppy letters and to see if they go as far as court action, I don't fancy that but consider my grounds valid

 

[Tom]

Little update on mine, which was with a popla registered company - so they have access to the dvla
Parked 31 may
They wrote to me on 8 July (titled parking charge notice) - my reduced price had expired, I now have to pay the full fine, I have 14 days or late charges are raised, but I've still got 28 days to appeal

Any appeal I make to them would fail, and again with POPLA would fail.
4 months after the letter, 5 months after parking and no further correpondence or action