On 7 Nov 2012 at 3:59pm Q & A wrote:
Advice please my friends. Given a ticket on Monday night in this private parking area. Should I ignore it or pay up?
On 7 Nov 2012 at 7:02pm Pearlie wrote:
All I can say is this happens regularly and they must be making lots of money, it's a private company and they are there to make money but if you parked there I don't see what you can do about it? I'm sure they're not going to ignore it?
On 7 Nov 2012 at 7:15pm Ducatipete wrote:
I thought the law had just changed. Look up Honest John who writes for the Torygraph on Saturday. Or it may just be clamping.
On 7 Nov 2012 at 7:26pm Southover Queen wrote:
I think the law has indeed changed, which is why they've removed the threats about vehicles parked there being clamped. The thing is that I don't know what the law says about parking - ie trespassing? - on private land now that the landowner can't hold the vehicle to ransom by immobilising it. I've got a hunch that it's a civil debt and they'll have a very hard time enforcing it, and if I were you I'd check the law.
That said, what on earth did you expect, parking there on Monday night????
On 7 Nov 2012 at 9:58pm shambles wrote:
They're now doing you for breach of contract - they'll need to prove who was driving the vehicle so take advice and don't pay up - let us know the outcome!
On 7 Nov 2012 at 11:19pm Q & A wrote:
Thanks for all the responses. Was parked for less than 20 minutes delivering supplies to a stall raising funds for a local school. That's irrelevant of course but it's the legal part that interests now. I reckon that the DVLA cannot/should not sell vehicle ownership details to a third party when parked on private land. Have had this before elsewhere and ignored them and they dropped it after many threatening letters etc.
Interested to know if anyone else has been ticketed in this location since clamping was outlawed?
On 8 Nov 2012 at 9:30am Sussex Jim wrote:
Look up Honest John from the Daily Telegraph. I think he will suggest you send a sensible payment for parking on private land;say a fiver. LA will them probably threaten you by letter for the full "fine", but to enforce it they would have to go via the County Court.
In your circumstances I would have parked on the public road and left a note explaining that you were just delivering. The bluebottles are not generally around in the evenings.
On 8 Nov 2012 at 9:58am Q & A wrote:
Thanks SJ, a note was left explaining that we were delivering. The Capital Coast bloke was very aggressive and the ticket is seriously mickey mouse. there are no signs detailing that fines will be issued in that area either. They just talk about clamping and tow away and recovery costs.
I am concerned that once you start a discussion it goes on and on.
Also they will have to get details from DVLA and I have a feeling that on private land the DVLA have no rights to sell your details to a third party. They will do it but it's not admissible in court, I think?? Will do some more checking and update you.
On 8 Nov 2012 at 10:54am Ed Can Do wrote:
The DVLA do indeed have the right to sell your personal details and in fact make a fortune from doing so. If you specifically contact them and ask them not to they'll stop doing it but be default, your preference is assumed to be that you don't care who they sell the information to.
On 8 Nov 2012 at 11:55am Q & A wrote:
Thanks Ed, Is that right? If so I will email them right now.
On 8 Nov 2012 at 1:44pm Merlin Milner wrote:
I have asked Cheval properties, who own the site, in the past to put in some lockable bollards. This will protect the workers parking spaces, make it obvious to visitors and stop clamping (previously) and now ticketing. They were not interested.
On 8 Nov 2012 at 2:31pm Southover Queen wrote:
I'm not surprised, MM. Until it became illegal to hold drivers to ransom by clamping them, I imagine this was quite a nice little earner. Maybe they'll revise their ideas now that this particular cash cow has been put out to grass.
On 8 Nov 2012 at 3:23pm Merlin Milner wrote:
Cheval property made nothing out of the clamping. Only the clampers do. They do not charge the owner only the motorists, hence their methods.
On 8 Nov 2012 at 3:28pm Where's Norman? wrote:
Actually, the little cash cow SQ mentions got a lot easier as of the 1st October. Prior to then it was the driver responsible for the fine, hence the need to clamp as if a ticket is written you just said "don't know who was driving". Now, by law the registered keeper is liable, potentially enforceable via the courts. This terrible legislation was resisted by many, where was the current Transport Minister? As usual worrying about bicycles.
So there is no clamping any more, but its even easier to make money no more arguing by the roadside, just send a fine to the registered keeper who has to pay - thanks Norm!
On 8 Nov 2012 at 4:19pm Ed Can Do wrote:
Just Google "DVLA selling personal details" for a score of articles about it, most of which are pretty unflattering about the practice.
On 8 Nov 2012 at 4:22pm Ed Can Do wrote:
Sorry to double post but this is the best information on the DVLA selling your details I could find:
Check it out here »
On 8 Nov 2012 at 4:43pm Webbo wrote:
Hi Ed Can Do, Did you know you can add links via the red 'Click here' link below the 'Your message:' box
On 8 Nov 2012 at 5:15pm Q & A wrote:
Thanks all for this info.
Its seems the best course of action is to ignore any threats of further action.
To comply with the BPA code of practice and the 1st October legislation, the signage has to be correct and as it stands and did on the 5th November, the signs are not correct in and around the Laura Ashley bays.
On 8 Nov 2012 at 5:22pm Merlin Milner wrote:
I asked Norman about this WM and he replied last month.
"Private parking companies that issue tickets must have a membership with a Government Accredited Trade Association in order to access DVLA data. To retain their membership, the company must abide by a code of practice and conduct itself professionally.
The Government works with the parking sector to regularly review this position, including the potential to strengthen it. To this end the British Parking Association conducted a review of its code of practice (the Approved Operator Scheme). It recently released a consumer guide for parking on private land which outlines what the BPAâ??s Approved Operator Scheme code of practice regulates, as well as how to appeal a ticket.
To coincide with the introduction of the Protection of Freedoms Act, the Government had asked the industry to establish and fund a fully independent appeals service covering all tickets issued by private parking companies with access to DVLA data. The Parking on Private Land Appeals (POPLA) service was subsequently set up and is free to use and its decisions will be binding on the operator."
On 9 Nov 2012 at 8:13am Sussex Jim wrote:
It looks like we should be venting our frustrations on Cheval Properties. They must have authorised the clamping company to operate on their premises; they should now tell them to stop.
On 9 Nov 2012 at 9:11am bongo wrote:
The parking company are likely to be armed with cameras - they need evidence of who is the driver of the vehicle at the time of the parking offence.
If you get a ticket/letter, ask for proof. If they cannot provide any, tell them to bugger off!
On 9 Nov 2012 at 11:17am Ticket wrote:
"Its seems the best course of action is to ignore any threats of further action"
I'd be a bit careful ignoring them as they may just pass the issue onto a debt collector. if you've got a good case then I'd appeal, the signs in that area were mostly ripped down the last time I walked past them, so you could base your case on that ? if they are still ripped then pehaps take some pictures of them ?
On 9 Nov 2012 at 2:22pm Q & A wrote:
You are spot on Ticket. Photos have been taken and I will ignore until they get my details from DVLA and send me all their photos. Then I will write to them with the pictures of their signage and tell them thats the end of the conversation. Debt collectors can hassle you by post or phone but they cant come knocking unless they have a CCJ to back it up and they wont get one in this case.
Also the signs are ripped but they still didnt carry the correct info in the first place.
On 10 Nov 2012 at 12:32pm Yellow Liner wrote:
As Norman Baker's response to Merlin Milner makes clear:- "Private parking companies that issue tickets must have a membership with a Government Accredited Trade Association in order to access DVLA data. To retain their membership, the company must abide by a code of practice and conduct itself professionally".
According to the current edition of Private Eye, a number of private parking enforcement companies have had their access to the DVLA database suspended for failing to comply with the code of practice and conduct. This includes Excel Parking, for example.
Does anyone know which companies enforce the private parking schemes in Lewes?
On 10 Nov 2012 at 4:19pm Q & A wrote:
They are called Capital 2 Coast.
On 10 Nov 2012 at 4:38pm townie wrote:
Why o why are people still argueing about this. If you park on private land, expect a ticket. How would you feel if i parked in your garden. If you parked on my drive without permission, your car would have no windows and now inflatable tyres within 5 minutes.
It's about time people started to face up to their responsibilities
On 10 Nov 2012 at 5:29pm Q & A wrote:
You're right townie, I'll pay the very reasonable fine of £100 demanded.
You're not the Capital 2 Coast man who puts the tickets on the cars are you?
His attitude was similar to yours, threatening and imbecilic (look it up).