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Parking Charge Liscard #832041
18th Oct 2013 1:25pm
18th Oct 2013 1:25pm
Joined: Jun 2011
Posts: 492
Seacombe
H
Headcoat_TheMrs Offline OP
Smartchild
Headcoat_TheMrs  Offline OP
Smartchild
H
Joined: Jun 2011
Posts: 492
Seacombe

Hi all

Received a parking charge notice this afternoon in Liscard Cherry Tree carpark. Reason they gave was parking in parent and child only space. Ticket was issued around 10 mins after I arrived. While I fully admit I did not have a child with me, I was collecting one from liscard.

Do I have a chance of an appeal?

Is this one of the carparks that have uninforcable tickets?

Many Thanks

TheMrs

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Re: Parking Charge Liscard [Re: Headcoat_TheMrs] #832049
18th Oct 2013 2:05pm
18th Oct 2013 2:05pm
Joined: Aug 2012
Posts: 29
Wallasey
A
AdamS Offline
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AdamS  Offline
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Joined: Aug 2012
Posts: 29
Wallasey
It's not a council car park, so wouldn't be enforced by them. I'm no expert, but it's my understanding that only statutory bodies can issues fines that are enforceable - a private company like the cherry tree or their agents wouldn't fall into that bracket. I'm sure there're people on here that know far more on the subject and can advise you accordingly. Good luck with it smile

Re: Parking Charge Liscard [Re: Headcoat_TheMrs] #832055
18th Oct 2013 2:49pm
18th Oct 2013 2:49pm
Joined: Jun 2012
Posts: 6,624
wirral
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missmahjong Offline
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wirral
Seems to me that you were watched, a bit underhand to say the least. Good look with appeal .

Re: Parking Charge Liscard [Re: missmahjong] #832122
18th Oct 2013 7:13pm
18th Oct 2013 7:13pm
Joined: Dec 2010
Posts: 1,236
my house
M
mrhanky Offline
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mrhanky  Offline
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M
Joined: Dec 2010
Posts: 1,236
my house
as far as i know it's not a council one, ignore it. i know a few people who have and nothing ever came of it.

Re: Parking Charge Liscard [Re: Headcoat_TheMrs] #832146
18th Oct 2013 7:41pm
18th Oct 2013 7:41pm
Joined: Mar 2010
Posts: 3,796
Heswallish
F
fish5133 Online content
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fish5133  Online Content
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Joined: Mar 2010
Posts: 3,796
Heswallish
Couple of things.
1) did you actually return to the car with said child? If the "watcher" was still there he might have filmed you.If you did i would make that point in a letter.(dont pay the fine though)

2) was the parking bay clearly identified as a parent and child one. I managed to get off a council ticket because all the temporary signs stating sundays were no longer free were not visible from the bay i parked in.

3) A local solicitor here in Heswall wrote an article in Heswall magazine october 2012 page 32 explaining you dont have to pay the fine if it is as Adams said not council and run by a private company. Its all to do with contract law and the fact that you have not entered (signed) in to a contract with the parking agents.

good luck
http://content.yudu.com/Library/A1z131/HeswallMagazineOctob/resources/index.htm?referrerUrl=http%3A%2F%2Ffree.yudu.com%2Fitem%2Fdetails%2F610855%2FHeswall-Magazine-October-2012



Re: Parking Charge Liscard [Re: Headcoat_TheMrs] #832148
18th Oct 2013 7:44pm
18th Oct 2013 7:44pm
Joined: Feb 2008
Posts: 1,131
wallasey
D
dave_g Offline
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dave_g  Offline
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Joined: Feb 2008
Posts: 1,131
wallasey
whatever you do,dont pay it!

Re: Parking Charge Liscard [Re: Headcoat_TheMrs] #832223
19th Oct 2013 8:32am
19th Oct 2013 8:32am
Joined: Jan 2010
Posts: 1,580
wirral
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Excoriator Offline
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I'd be a bit careful about not paying it. They will probably refer it to a credit reference agency as an unpaid bill and damage your credit record.

Re: Parking Charge Liscard [Re: Headcoat_TheMrs] #832349
19th Oct 2013 5:57pm
19th Oct 2013 5:57pm
Joined: Oct 2013
Posts: 11
Here, there and everywhere
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PAT_man Offline
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Here, there and everywhere
My advise is ' don't pay' more importantly don't admit that you where driving the car. If you pay you will never win an appeal as it is them that consider any appeals. This is also an admission of guilt. I assume you are the registered keeper of the vehicle !

They will write to the registered keeper and ask that person to pay the PCN. They can get the registered keeper information from the DVLA as they are members of the BPA) The registered keeper is under no legal obligation to give any details of who was driving the car at the time of the trespass. Only a local authority or police can demand this information.

Write back to them staying that although you are the registered keeper you where not driving the car on that occassion and they should write to the person who was. They will then ask for the drivers details and you reply with ' I am under no obligation to give this information.

They will write to you again making threats of court action but they can only issue a civil action against the person who did the trespass and not the registered keeper.

On the 3rd letter you send to them issue a stern warning. Say that you will charge them 50 for each letter you send to them but the first 3 letters are free but a fourth letter from them will trigger a charge of 50 for each letter and will signal their acceptance of your terms and conditions. State that this is fair under the unfair terms act and that you will Persue them for harassment should more letters arrive from them on this matter.

If you are caught on camera or have admitted the trespass then they have you bang to rights so pay up and get the discount.

I have used this method a few times and its worked every time. smile I have sample letters for you which I can send privately.

Don't worry about credit reference agencies getting involved. They can't. Do your research on the Internet to clarify what i have said on here.


Re: Parking Charge Liscard [Re: PAT_man] #832359
19th Oct 2013 6:23pm
19th Oct 2013 6:23pm
Joined: Jun 2011
Posts: 492
Seacombe
H
Headcoat_TheMrs Offline OP
Smartchild
Headcoat_TheMrs  Offline OP
Smartchild
H
Joined: Jun 2011
Posts: 492
Seacombe

Wow many thanks for all the reply's !

I have not paid anything and have not been in touch with them.
I am not actually the registered keeper my partner is but I presume the advice still stands?

TheMrs

Re: Parking Charge Liscard [Re: Headcoat_TheMrs] #832378
19th Oct 2013 7:29pm
19th Oct 2013 7:29pm
Joined: Dec 2010
Posts: 1,236
my house
M
mrhanky Offline
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mrhanky  Offline
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Joined: Dec 2010
Posts: 1,236
my house
do not enter into any correspondence, just ignore anything you receive about the matter.

Re: Parking Charge Liscard [Re: Headcoat_TheMrs] #832391
19th Oct 2013 8:14pm
19th Oct 2013 8:14pm
Joined: Sep 2013
Posts: 24
wirral
A
arroke Offline
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arroke  Offline
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Joined: Sep 2013
Posts: 24
wirral
they will threaten you that the bill will go up and if you don't pay they will sell it on to a third party and ruin your credit credibility thats what happend to me and i got a letter of anpr say in g that they had sold the dept on then i got another letter of the supposed companythat bought the dept to me that it had gone up by another 70 pounds i told them to fu-- o-- and i have not heard any think for three months

Re: Parking Charge Liscard [Re: mrhanky] #832393
19th Oct 2013 8:21pm
19th Oct 2013 8:21pm
Joined: Oct 2013
Posts: 11
Here, there and everywhere
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PAT_man Offline
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PAT_man  Offline
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Joined: Oct 2013
Posts: 11
Here, there and everywhere
Originally Posted by mrhanky
do not enter into any correspondence, just ignore anything you receive about the matter.


Yeah the advice still stands and as your partner is the registered keeper he will get any letters.

If you do not enter into any correspondence then that is up to you and the outcome will be the same but will take longer to stop the letters and court threats.

Essentially the issue is that they can only take a civil action against the person who trespassed!! As long as they can not find out who it was then no civil action can be taken. If you think about it logically!! How can they summonds a person for a trespass just because they own the car, they have to identify the person who trespassed to do this. What ever you do! Don't tell them who was driving the car.

Ignore their threats no matter how much they try it on. If you do write to them like I said then it will all stop after 3 letters as they will be agreeing to your terms and conditions with a fourth letter, which incidentally will never arrive because it will cost them the 50 haha. after all that will them agreeing to your terms

Good luck with it and please keep us posted.

All the info I got from my first PCN was off forums like these.

To any other readers of this :- remember if you get a ticket (fine) from a council or police you have to provide driver details as that's the law. They also have a robust and fair appeals process. These others are rogues without fair or transparent processes and appeals.

Re: Parking Charge Liscard [Re: Headcoat_TheMrs] #832397
19th Oct 2013 8:47pm
19th Oct 2013 8:47pm
Joined: Jul 2011
Posts: 720
Prenton, Wirral
E
Elizabeth Offline
Veteran
Elizabeth  Offline
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Joined: Jul 2011
Posts: 720
Prenton, Wirral
I always thought that the parent and child parking spaces were more a case of a courtesy not to park there, rather than actually being against the law?

I assumed you could only get a ticket if you parked in a disabled spot without the necessary blue badge.

Correct me if I'm wrong

Re: Parking Charge Liscard [Re: Elizabeth] #832398
19th Oct 2013 8:55pm
19th Oct 2013 8:55pm
Joined: Dec 2012
Posts: 7,253
Our House In Our Road
ZipperClub Offline
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One Way Or Another
Re: Parking Charge Liscard [Re: Headcoat_TheMrs] #832401
19th Oct 2013 9:03pm
19th Oct 2013 9:03pm
Joined: Aug 2008
Posts: 19,446
Here.
RUDEBOX Offline
Wiki Master
RUDEBOX  Offline
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Posts: 19,446
Here.
Great advice here....Hold fast mrs h smile


Mia Mabel

Ohhhhhhhhhhhhh! Jer-e-my Cor-byn

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