Private Car Park - Parking Ticket

[consty]

has anyone got any knowledge of how enforceable parking tickets are when issued by private companies on private land for private landlords?
I got a ticket on Friday night on a large plot for a block of flats says that if payment (£100, £60 within 14 days) is not received within 28 days then details MAY be requested from the DVLA. There is no mention of enforcement if they do so. I am suspecting and hoping that they cannot actually do anything if I ignore the ticket. Has anyone got any knowledge of this? This is not on council property, or on a public road issued nor was it issued by a traffic warden - a private co. on private land.

I know I shouldn't have parked in the private car park - in mitigation I can only say that it was a massive plot of land with LOTS of space that I've observed several times day and night so I knew I would not be depriving any resident or occupant or visitor of a space. My question is how enforceable is this ticket from a private compnay on private land to your knowledge? As stated above the ticket says that if payment is not received within 28 days details MAY be requested from the DVLA. There is no mention of enforcement if they do so. Thus my question is, do you reckon I can ignore this and it cannot be enforced?

 

[Nottingham Fox]

What's the name of the company that have sent you demand for payment?

 

[Blue Maniac]

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

 

[Jeff]

It's not a real "parking ticket", it's an invoice. Usually you can safely just ignore them, after a few threatening letters they'll stop bothering you.

Similar old thread here - http://talkingballs.co.uk/showthread.php/34228-Parking-Fine-help!

 

[consty]

Thanks Jeff, I'll ignore it then given what you've said. (Are you sure I won't have the baliffs or anything like that coming round?!)
Nottingham Fox/all, the company who have issued it are 'CM Services Ltd' (Comprehensive Management Services Ltd) who have a PO box address and the address for payment of the 'fine' is to them at that address.
Thanks all for comments so far and for any more if you have anything to add or have any further reasurances.

 

[Biffa Bacon]

Be careful about parking anywhere else that is managed by CM Services Ltd or any of their associate companies in future, some of these firms keep records of registrations with unpaid invoices and used to clamp or tow immediately any time a new parking infringement was made on land they managed. There is supposed to be more control on what they do now but I'd suggest that parking on someone else's property isn't polite or sensible and they should be allowed to charge people who refuse to park legally.

 

[bocadillo]

Be careful about parking anywhere else that is managed by CM Services Ltd or any of their associate companies in future, some of these firms keep records of registrations with unpaid invoices and used to clamp or tow immediately any time a new parking infringement was made on land they managed. There is supposed to be more control on what they do now but I'd suggest that parking on someone else's property isn't polite or sensible and they should be allowed to charge people who refuse to park legally.

eeerrr... legally? As in accordance with the law?

What does the law say about parking on private land?

 

[Biffa Bacon]

eeerrr... legally? As in accordance with the law?

What does the law say about parking on private land?

I'm not totally up on it but I do believe that a landowner is allowed to keep people of his land unless there is a right of way, how would you feel if people decided to start parking on your lawn/drive?

 

[bocadillo]

I'm not totally up on it but I do believe that a landowner is allowed to keep people of his land unless there is a right of way, how would you feel if people decided to start parking on your lawn/drive?

I absolutely agree with you. My query was about your use of the word 'legally'.

 

[Biffa Bacon]

I absolutely agree with you. My query was about your use of the word 'legally'.

I will have to refer you to my legal representatives but civil or property law should cover trespass or whatever legal term covers dumping your vehicle on someone else's property

 

[Lako42]

Simply ignore, they cannot legally enforce that invoice.

If taken to the courts they can claim for the money lost from you occupying that space for the amount of time that you were there, this would roughly equate to the per hour parking fee usually charged.

Any repeat contact from them can be followed up with a threat to report for harassment.

 

[FryattFox]

Yeah, agree with all the above. And don't engage or reply to their letters. It only encourages them as they prey on the weak or ill-informed.

 

[consty]

Thanks Lako/FryattF,
I'll ignore them as advised I think. Btw, Lako, they did not lose any money for me occupying a space as there is no daily/hourly charge for parking on the land (residents have permits).
Biffa you are right that morally I shouldn't have been there - my opening post acknowledges this; my mitigation is that the space/land is very large and 75% empty day and night soI knew I wouldn't be depriving any resident or visitor of a parking space by a long, long chalk. It still wasn't right to park there though - I wouldn't have if there was only enough space for residents and visitors. I've lived in flats myself and know how irritating it is if someone takes a space. This doesn't apply here. I avoided all the numbered spaces and parked on unmarked areas.
Thanks all. If anyone has a view that this IS legally enforceable or that there is any chance DVLA will send them my details and that this private company can legally send enforcement officers or baliffs round, let me know!

 

[Jeff]

If anyone has a view that this IS legally enforceable or that there is any chance DVLA will send them my details and that this private company can legally send enforcement officers or baliffs round, let me know!

They'll probably be able to get your details, but I don't think they can send bailiffs without doing it through the court. I'm sure one of our resident legal experts can confirm this.

 

[bocadillo]

If anyone has a view that this IS legally enforceable or that there is any chance DVLA will send them my details and that this private company can legally send enforcement officers or baliffs round, let me know!

The DVLA will certainly give them your details; they gave mine to the company which controls the parking at the Co-op store in Hebden Bridge when I overstayed. The company can not send anybody round; they could take you to court, relying on their notice (which I presume was displayed) that by parking there you were entering into a contract with them.

 

[FryattFox]

The DVLA will certainly give them your details; they gave mine to the company which controls the parking at the Co-op store in Hebden Bridge when I overstayed. The company can not send anybody round; they could take you to court, relying on their notice (which I presume was displayed) that by parking there you were entering into a contract with them.

Correct.

And from reading quite a few forums on MSE and Pepipoo, I don't believe yet that there has been an instance of anyone being taken to court for such an individual 'offence'. There's been a few threads that suggest that people have been taken to court, but the majority of these have been shown to have been the parking companies trying to scare people. So pretty unlikely you'll be the first.

 

[Nottingham Fox]

According to the 'Approved list of parking operators' - this cowboy outfit you have mentioned are not on there. As many other have pointed out, just ignore their letters (you might get a few and they may even appear to sound like they will take you to court) - the reality is they won't, so just forget about it.

 

[consty]

Ok, so no baliffs then. BUT... Boc/Jeff/Fryatt what you are saying is that given I parked on the land that had clear warnings not to and that a ticket was issued (which notes that photos have been taken of my car), this matter COULD go to court... but it is highly unlikely. However I think FF is pointing to threads that suggest it has happened. I'm starting to 'wobble' on this matter of not paying - but I guess this uncertainty & nervousness of prosecution is precisely what the car parking companies are banking on to nudge people towards paying up.
I'm inclined on balance to risk it and not pay up.

 

[consty]

Thanks Notts - I hadn't seen your post when writing my last offering above. It reinforces my view not to pay up.

According to the 'Approved list of parking operators' - this cowboy outfit you have mentioned are not on there. As many other have pointed out, just ignore their letters (you might get a few and they may even appear to sound like they will take you to court) - the reality is they won't, so just forget about it.

 

[FryattFox]

Ok, so no baliffs then. BUT... Boc/Jeff/Fryatt what you are saying is that given I parked on the land that had clear warnings not to and that a ticket was issued (which notes that photos have been taken of my car), this matter COULD go to court... but it is highly unlikely. However I think FF is pointing to threads that suggest it has happened. I'm starting to 'wobble' on this matter of not paying - but I guess this uncertainty & nervousness of prosecution is precisely what the car parking companies are banking on to nudge people towards paying up.
I'm inclined on balance to risk it and not pay up.

No, I'm saying it's never happened! It could go to court. But it won't.

There's very little risk here, as they know that they don't really have a leg to stand on. Going to court is completely cost-ineffective, so all they'll do is scare you with 2 letters, a final warning, and then a couple of letters from their legal department/debt collection agency, which are typically the same company.

I think you'd be silly to pay.