Forums Forums Wirral Information Law And Your Rights Parking Charge Liscard

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

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

Seems to me that you were watched, a bit underhand to say the least. Good look with appeal .

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.

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

whatever you do,dont pay it!

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.

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. 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.

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

do not enter into any correspondence, just ignore anything you receive about the matter.

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

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.

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

A little link about disabled parking

http://www.nidirect.gov.uk/misuse-of-parking-spaces-for-disabled-people

Great advice here....Hold fast mrs h