Info and forum posts by 'Racsam'

Joined on: Saturday, 24th August 2013, 18:32, Last used: Monday, 2nd September 2013, 16:12

Access Level: Harmless

About this user: This user has chosen not to submit a description :(

This user has posted a total of 9 messages. On average, since joining, this user has posted 0 messages a day, or 0.02 messages a week. In the last 30 days, this user has posted 0 messages, which is on average 0 messages a day.

Recent Messages Posted:

RE: Smart Parking Limited also trading as Town & City Parking- Parking Charge Notice

They are still writing, Zenith Collections, last offer of a reduction apparently before court proceedings.....holding my nerve :)

RE: Smart Parking Limited also trading as Town & City Parking- Parking Charge Notice

Yes, I think you are right, am continuing to ignore and will keep you updated. Thanks for your continuing support.

RE: Smart Parking Limited also trading as Town & City Parking- Parking Charge Notice

Found this on the link to the Dept Transport Guidance, ironically enough from the dept agency's page. This backs up your point that as it was a free space, they can only claim loss of business.

What are the main laws relating to parking on private land in England and Wales, and the charges that can apply?

A driver who is invited to park on private land and pay a fee does so under a contract with the landholder. Any terms and conditions which either party wishes to enforce against the other are therefore be subject to the laws of contract. Where a car parks on land where parking is not invited, the laws relating to trespass may apply.

A parking contract must set out the terms that apply, including the fees payable. It must also clearly set out the charges that apply if the terms of the contract are broken – for example, by parking for longer than the time paid for.

Charges for breaking a parking contract must be reasonable and a genuine pre-estimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken. For example, to cover the unpaid charges and the administrative costs associated with issuing the ticket to recover the charges. Charges may not be set at higher levels than necessary to recover business losses and the intention should not be to penalise the driver.

If the terms and conditions of parking contracts seek to impose charges for different types of breaches (eg for straddling two bays compared to overstaying in one bay), or for the same breaches in different car parks, consideration should be given to whether the level of loss is likely to vary accordingly.

Schedule 4 also provides for parking charges in England and Wales to be recoverable from the registered keeper where a person trespasses on private land by parking a vehicle on the land without permission. In those circumstances a landholder must be able to show he or she has suffered a loss

RE: Smart Parking Limited also trading as Town & City Parking- Parking Charge Notice

Thank you for your reply and sorry for the delay. It quotes Schedule 4 of the Protection of Freedoms Act 2012 which refers to the recovery of unpaid parking charges. It says that they believe these conditions have been met, and that the charge is due to be paid. I have today received another letter threatening court action and if I look at www.debtrecoveryplus.co.uk I will find a list of court judgements obtained against people who have not paid. All a little alarming to be honest!

RE: Smart Parking Limited also trading as Town & City Parking- Parking Charge Notice

Just an update, I have received two reminders and today received a letter from a debt agency, which apparently quotes the piece of legislation which allows them to charge me. Felt a bit anxious when I read it, but rereading this thread helped!

RE: Smart Parking Limited also trading as Town & City Parking- Parking Charge Notice

I`m obviously at the beginning of this process but will keep you all updated.

RE: Smart Parking Limited also trading as Town & City Parking- Parking Charge Notice

I really appreciate the depth and clarity of your reply, thank you. I will file the letter and ignore any subsequent ones. As long as I don`t get any bailiffs knocking on my door in a years time, I will be fine! :)

RE: Smart Parking Limited also trading as Town & City Parking- Parking Charge Notice

Thank you for your reply, I went down to the Asda concerned today and noticed that the signs have been changed and now they are just Smart Parking. I have not kept receipt and have no idea if I did actually overstay, am I right in thinking it is still safe to ignore this supposed fine?

RE: Smart Parking Limited also trading as Town & City Parking- Parking Charge Notice

It has been great to read this thread, received a fine today from this company, for overstaying. I am tempted to ignore, does anyone have any further updates on those a bit further down the threatening letter scale?