Done some googling but its a minefield

My mums car was photographed on cctv at liverpool john lennon airport last week 19th november. My dad was driving and parked up on a private road on the airport grounds. A letter has arrived today, with 3 pictures of the offence(alleged)

It says parking charge notice on the letter which i will post a copy of later on. What do you guys think is the best plan of action? Personally ive told them to fire it off, like many people do with "parking charge notice" its not issued by the police or liverpool council but a parking firm based in sheffield

Worth looking at the many previous threads on Briskoda covering the subject.

Usually the Advice for over parking, and Parking Ticket Charges is Ignore, 

I have several times with TK Max in Scotland and the 'Charges' sent from Liverpool & Manchester to me for my other half over staying.

Legally they were flawed.

Usually the letters keep coming, the Charge Increases, & then the more threatening letters,

then the ones from a Legal Firm, which is the same company,

then the Debt Collection Letters. Again that is their own Company.

 

But with your Dad, It is what it is, maybe he can get away with paying it, 

but he did what he did possibly to save from paying the Parking Charges, so maybe he should pay up,

or Offer to Pay the Legitimate Parking Charge he Avoided on the day..

But communication with them usually just encourages them to continue pursuit of the Registered Keeper of the Vehicle.

 

I go near quite often to Edinburgh, Glasgow & Prestwick Airport, & almost weekly to Aberdeen Airport,

and drive near and Official Parking, then wait. 

then go collect at the Quick Drop Off point when the person arrives.

But i need to look and learn where the Parking / Stopping restrictions are and know where is safe or not.

Caught on Camera where the Restrictions are Lawful & Legitimate for Security Reasons is different from where charges

are Imposed to stop people just staying out with their high charge areas.

Yes i know i am guilty of doing both these things.

 

george

Ignore and DO NOT HAVE ANY CONTACT WITH THEM. Eventually they will give up. It worked for me.

 

These tickets are not parking charge notices but invoices against a contract that doesn't exist.

Ignore and DO NOT HAVE ANY CONTACT WITH THEM. Eventually they will give up. It worked for me.

 

These tickets are not parking charge notices but invoices against a contract that doesn't exist.

Not always!!

 

You need to know EXACTLY who has issued the Notice.

Is it from Liverpool Council or someone else?

Left off name and address for obvisous reasons

'Vehicle Control Services LTD'

 

'Parking Charge Notice' (not penalty, as I don't think they can call it that).

 

Lower fee if you pay quickly.

 

Looks like a private company, not the council then.

 

Also, it says the driver is 'contractually bound upon entering the carpark' which is not where the pictures were taken, so I read that as void

http://forums.moneysavingexpert.com/showthread.php?t=4399347

I found this, very similiar

Thanks guys. My parents are the sort to panic if they were to get another letter and then just cough up.

'Vehicle Control Services LTD'

 

'Parking Charge Notice' (not penalty, as I don't think they can call it that).

 

Lower fee if you pay quickly.

 

Looks like a private company, not the council then.

 

Also, it says the driver is 'contractually bound upon entering the carpark' which is not where the pictures were taken, so I read that as void

 

 

This looks to me to be one of those notices that are an 'Invitation to make a contractual payment'.  You (your parents) don't agree to this contract, so simply ignore the invitation and that should be the end of it.  With the exception of the inevitable further correspondence.

 

Gaz

I think in this case the wording is based as if you entered a camera monitored car park but didn't use the facilities. My son got one of these for parking in the wrong car park when he went to the local cinema. In such a case the contract and wording is mounted everywhere in the car park and by staying you agree blah blah.

 

You need to check if there are any such signs mounted on that road, no signs then no contract.

 

If they didn't sign of the letter there is no way they can prove they have received it (do not contact reinforces this).

Not always!!

 

You need to know EXACTLY who has issued the Notice.

Is it from Liverpool Council or someone else?

 

The original post does contain this information.

 

 

Anyway: Schedule 4, Paragraph 9, Section 2, has no 'b' or 'f'.

 

9.Access to DVLA registered keeper records

9.1 Where a landholder does not know the name and address of the driver,they can ask the DVLA for details of the registered keeper in order to write to him or her. DVLA decide whether to release data under reasonable cause provisions (for more information on this see www.dft.gov.uk/dvla/data.aspx).

9.2 Where DVLA provide details of the registered keeper to the landholder, he or she may write to the registered keeper for payment or the driver’s details so that the landholder can pursue the unpaid parking charge. If the driver's details are provided by the registered keeper, then the landholder must pursue the driver for the unpaid parking charge, and the registered keeper cannot be liable for the charge.

9.3 The registered keeper has 28 days after receiving a notice from the landholder in which to provide the driver’s details, pay the parking charge, or appeal against the ticket. If the registered keeper fails to do any of these things the landholder may begin proceedings to recover theparking charge from the registered keeper (see Q1 FAQ).

 

Source:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9155/guidance-unpaid-parking-charges.pdf

 

Interestingly......

 

4.On what type of land does Schedule 4 apply?

 

4.1 The provisions in Schedule 4 are intended to apply only on private land in England and Wales. Public highways are excluded as well as any parking places on public land which are either provided or controlled by a local authority (or other government body). Any land which already has statutory controls in relation to the parking of vehicles (such as byelaws applying to airports, ports and some railway station car parks) is also excluded.

 

....so, if I read that right, Schedule 4 doesn't apply if there are already byelaws applying to the airport? In which case, if Schedule 4 doesn't apply, no "powers" inferred or otherwise are applicable either. Especially considering there is no 'b' or 'f' in the section they quote. (In fact there appears to be no 'f' anywhere in the document.)

 

 

Also, Schedule 4 appears to be with the act of Parking, not the act of Stopping. In fact:

 

5.2 For Schedule 4 to apply the driver of a vehicle must first be liable for unpaid parking charges. There are broadly two situations where a driver could become liable for parking charges:

a. where a driver has entered into a contract to park on private land and failed to comply with the terms and conditions of that contract; or

b. where a driver has trespassed on private land where signs showing charges for unauthorised parking are displayed.

 

 

So, again if I've read that correctly, you can only receive a charge for not having paid to park where you should have paid to park. Their letter clear states "stopped" not "parked".

 

 

Anyway, that's how I read the regulations they have alluded to in their introduction letter. Others may read the regulations differently.

4.1 above. Slam dunk. It would be heading for the bin if it had been sent to me.

Any parking ''invoice'' from a private car parking company can and should be ignored. They cannot call it a parking fine (It's a civil matter) These ''invoices'' are not worth the paper they are printed on...Please DO NOT correspond with them in any way, Just ignore, ignore and ignore some more, After a while they go away, but you may get threatening letters saying they will involve bailiffs to remove goods (which they cannot do without a county court order which they wont get cos they will not take it to court, And if they did they wouldn't win) just keep all letters from them and forget all about it 

Not always!!

 

You need to know EXACTLY who has issued the Notice.

Is it from Liverpool Council or someone else?

This is from a private parking company,, NOT local authority or rozzers.......

 

Anyway: Schedule 4, Paragraph 9, Section 2, has no 'b' or 'f'.

 

9.Access to DVLA registered keeper records

9.1 Where a landholder does not know the name and address of the driver,they can ask the DVLA for details of the registered keeper in order to write to him or her. DVLA decide whether to release data under reasonable cause provisions (for more information on this see www.dft.gov.uk/dvla/data.aspx).

9.2 Where DVLA provide details of the registered keeper to the landholder, he or she may write to the registered keeper for payment or the driver’s details so that the landholder can pursue the unpaid parking charge. If the driver's details are provided by the registered keeper, then the landholder must pursue the driver for the unpaid parking charge, and the registered keeper cannot be liable for the charge.

9.3 The registered keeper has 28 days after receiving a notice from the landholder in which to provide the driver’s details, pay the parking charge, or appeal against the ticket. If the registered keeper fails to do any of these things the landholder may begin proceedings to recover theparking charge from the registered keeper (see Q1 FAQ).

 

Source:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9155/guidance-unpaid-parking-charges.pdf

 

 

The danger of using a guide to legislation as a source of what is in that legislation is that it will be an abridged interpretation. The guide does not give the complete wording.

 

Schedule 4, Paragraph 9, Section 2, has got a 'b' and an 'f', as can be seen in the original legislation here, and the notice complies.

 

Having said that, it is still not an enforceable penalty charge, for the reasons already given (IMHO).

I stand updated