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Parking Excess Charge Notice issued by LPS


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Fraser went to a gig at the Aberdeen Exhibition and Conference Centre a couple of weeks ago and parked in the car park.

When he got back to the car he had an “Excess Charge Notice” on it with a “Parking Charge” of £85 due or a reduction to £60 if its paid within 2 weeks....this Sunday as it turns out

A tick box was marked up as parking without a valid ticket.

First of all, i screwed up ... make no mistake there.

I used to park in the car park all the time at gigs and told Fraser to park there. I had no idea there was a charge now.

There is apparently a small sign at the entrance now which isn’t obvious unless you are looking for it saying there is a £5 charge for parking.

Added to that, if you have several hundred cars entering the car park at one time, the emphasis is on following the directions and not hitting any other cars in the general melee rather than looking out for a sign in the dark.

There are ticket machines over by the building somewhere (4 i think) but again, with a couple of thousand people heading for the entrance they are not easily visible.

So.... once again, i accept that with hind sight Fraser should have bought a ticket even if the signs were not that clear.

If they had come back with a penalty of say £30 i would have just paid up but i feel that £60, if i pay within 2 weeks is taking the pi55.

Where do we stand with this, based on the fact i live in Scotland rather than England or Wales (which may have different laws), do they have the right to enforce this?

Any Lawyers out there???????????

Thanks

Parking.jpg

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I'm pretty sure the law has changed recently and you don't have to pay nor is it enforcable by law. Fraser did however park and not pay and it's reasonable to expect to pay to park in a car park and there was a sign, albeit not easy to see.

Personally, I'd send a cheque for £10, marked 'without prejudice' and say that it's to cover the £5 parking and £5 admin costs and tell them that's all you're willing to pay. This is reasonable and I think will cover Fraser's liability, his conscience and be an end to it?*

Oh, and I just found this...

http://www.moneysavi...parking-tickets

*Interesting read and having read it you're welcome to just stick it in the bin and be done with it (in England?!)

PS the reduced charge for early payment, layout of the invoice (ticket) etc are all aimed to make you think it's the same as a council issued ticket, it's not!

88 Esprit NA, 89 Esprit Turbo SE, Evora, Evora S, Evora IPS, Evora S IPS, Evora S IPS SR, Evora 400, Elise S1, Elise S1 111s, Evora GT410 Sport

Evora NA

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In DK there has been a loooot of probs with those company companies.... They are very persistent, but more often than not, they lose the cases when they go to court :-) so I would just shrug and move on :-)

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  • 2 weeks later...

What was the decision/outcome Gordon?

88 Esprit NA, 89 Esprit Turbo SE, Evora, Evora S, Evora IPS, Evora S IPS, Evora S IPS SR, Evora 400, Elise S1, Elise S1 111s, Evora GT410 Sport

Evora NA

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  • Gold FFM

Same thing happens over hear.... the private parking lot issues an 'offical-looking' ticket. They cannot enforce it and you do not have to pay it...

however, if you ever park in one of their lots again, they can tow your vehicle away and it will get very costly...

To compound the problem, some parking lot owners own several lots - so the all share the 'violator information' and you can get snagged at a completely different lot...

Edited by Quicker

Lou Senko

Austin, TX

more, more, more....

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What was the decision/outcome Gordon?

Decided to brave it out and ignore everything that comes from them..... heard a few people say that they will send a few threatening letters and then stop short of sending "the boys" round and realise that its more hassle than its worth chasing me and move on to the next poor sod.

I will keep you posted.

Edited by GordonMasson
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Guest surferphil

Hala my Barrister says that (in the law of England and Wales) when you enter the car park you enter private land and in doing so you enter into a contract to park there under their terms.

However, they must give you reasonable notice of those terms and if the sign is small then that may not constitute as reasonable notice (e.g. if its too small to read).

Which may be of no help to you at all (but I did my best).

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Here's a parking related bizarreness for you.

Last week a good friend of mine headed up to his properties in SE London. Out the back he has a 2 car length drive that he parks his van on when up there working and when he arrived there was a car already parked there. He parked up behind them and blocked them in. Eventually the car owner turned up, apologised, said that they parked there so save some money on the meters and would move the car. The cheek! As It turns out, they disappeared and didn't move the car until the following day.

Now this was put to the cops who said, unbelievably, but in truth, that he was committing the offence by blocked their access to the highway! It turns out, it's completely legal and there's nothing you can do about someone parking their car in your drive. If you block them in, you're the one in trouble!

Next time he's taking a trolley jack and the car will mysteriously end up in the middle of the road at the end of the drive. Mental!

88 Esprit NA, 89 Esprit Turbo SE, Evora, Evora S, Evora IPS, Evora S IPS, Evora S IPS SR, Evora 400, Elise S1, Elise S1 111s, Evora GT410 Sport

Evora NA

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I think you can put up a private property sign that changes the law into your favour, but unless you do I believe you are correct.

Amateurs built the Ark

Professionals built the Titanic

"I haven't ridden in cars pulled by cows before" "Bullocks, Mr.Belcher" "No, I haven't, honestly"

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A driveway is private property anyway, a sign means nothing. That's like not having a 'human being' sign around your neck means it's ok to shoot you!

88 Esprit NA, 89 Esprit Turbo SE, Evora, Evora S, Evora IPS, Evora S IPS, Evora S IPS SR, Evora 400, Elise S1, Elise S1 111s, Evora GT410 Sport

Evora NA

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That's on fire :lol:

88 Esprit NA, 89 Esprit Turbo SE, Evora, Evora S, Evora IPS, Evora S IPS, Evora S IPS SR, Evora 400, Elise S1, Elise S1 111s, Evora GT410 Sport

Evora NA

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Top this one - it was my daughters birthday yesterday and we celebrated in a Cambridge restaurant. My wife (in my Audi) and I (in my Tesla) arrived about the same time and both paid for our parking. Only had to pay for an hour as after 6pm its free.

We came out about 6:15 to find a traffic warden putting a ticket on a car right outside the restaurant so I said to him "hold on, its free here after 6pm". He said not its not we changed it to 6:30 last week and pointed to the signs which now said 6:30. It looked like he was working along the row of cars, so I asked if he had ticketed an Audi. With a big grin he said "Yes, I got 14 cars along here and 3 were Audis" Sure enough one was a blue A8 mad.gif .

I said, hold on mate there is no need to look so pleased about it. He immediately said sorry and said he was not grinning about ticketing my car and explained that there is sort of a badge of honour with wardens. If you can ticket a make / model of car that is not on the database on their handheld widgets then you are the first in the UK to ticket that type of car.

He explained that he was really chuffed as he had never seen a Tesla before and today he was the first warden to ever give one a parking ticket! Imagine my face - both my cars had got a ticket within 5 mins. veryangry.gif

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Ah, come on, at least you made his day.

Re Bibs's comment*, there is an offence of preventing somebody access to their land (property) so if the car had actually been doing that the police might have had the slightest bit of interest (but doubtful), it's a pity it was a driveway and not soft soil that happened to get very wet and turned to a bog where upon the car sank into it.

*As Bibs is singular I go with Bibs's, Bibs' would be possessive if Bibs was a plural entity and so it all gets a bit subjective about that apostrophe.

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  • 1 month later...

Latest update...... 2 months now and nothing to report smoke.gif

So far so good!

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The same crap going on in Germany. SWMBO entered a car park at a rail station. Often they are free to promote "park&ride", but more and more the German railway leases them out to dodgy firm. They put extremely small signs in dark places" ticket machines in places you'd never expect them and once you have left the car park, their staff run around to ticket everyone. Very debatable under German law, most times the went to court they lost, but many people try to avoid the hassle and pay.

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  • 8 months later...

Just thought I would give you an update on this since we are nearly a year down the road.

A couple of days after my last post on the 15th of January I received a “FORMAL DEMAND – DO NOT IGNORE THIS NOTICE” and as per all previous communications I ignored it.

A couple of months later I received a letter telling me they were in the process of obtaining a date to take the matter to court. Since then I have heard nothing.

So.... either there is a bit of a back log in organising court dates or they have decided to stop wasting their time and go chase someone else.

I guess there is still a possibility that they will come after me again but I find that unlikely.

My advice to anyone who finds themselves in a similar situation is to totally ignore all communications from them until they get bored and stop chasing you.

Going back to the first ticket they put on the car (13/11/11), the so called fine was for £85 but it would be reduced to £60 if I paid within 28 days.

The “FORMAL DEMAND” letter (13/1/12) was for £78 but it would be reduced to £60 if I paid within 14 days.

It seems they are somewhat confused???

Anyway, that’s the story so far and I assume it will be the end of it. If there are any further updates I will let you know.

The moral of the story.......Ignore any and all communication you get from these types of sharks.

Local councils etc may be different but I suggest you check the internet and get some information on your local parasitic parking charge company.

There will be plenty of people who have come across them before.

Edited by GordonMasson
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Hi, if they are seeking to recover a civil debt through the Courts of a sum under £5000 it is classed as a "small claim" and they will not automatically get any of their legal costs ordered to be paid on top of the debt itself...ie paying lawyers £1000 to get £500 back, is never going to be worth it...I think that explains their inaction.

The Government is planning to raise the limit on "small claims" to £10,000, so you can forget about using lawyers and instead the Courts will be clogged up with people who (understandably) don`t know what the law is and everything will take a lot longer as a result.

They will probably appoint Judge Judy to hear all these next.....

That`ll be £100 please (only joking !)

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Guest surferphil

Nice one Gordon. Its really a game of intimidation and is best to fight in court, they have to offer you a settlement (that is no more than the original charge/fee/fine) before going to court anyway, so it's best to wait for that and then see how you want to proceed.

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I really don’t believe Ii will hear any more about it now so the purpose of the post was really just to say to people in the same situation not to get drawn into paying their ludicrous charges.

If i do hear any more i will let you know but I think it’s fairly safe to say “Court adjourned” :B)

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