Car Parking Scam - Thoughts and Advice Please

Clem_Snide

Arrived home yesterday and had received a letter from the company which runs the Lidl car park in Eltham High St.

They had CCTV photographs of my car arriving in the car park at 11.35am and leaving at 2.40pm. The car park is free for 90mins.

It isn't as straight forward as that though. I did indeed drive into the carpark at 11.35am, however around 90secs later I drove out again as there was nowhere to park. I ended up parking in the M&S car park next door. I only stayed there for 20mins and then drove to my daughters sports day.

After the sports day I returned to the Lidl carpark around 1.45pm and took my daughter to lunch. Left at the above mentioned 2.40pm.

Rang the company yesterday to advise of the situation. Not interested, refused to review the CCTV footage and demanded immediate payment or the baliffs!. Basically told them to shove it and that I wouldn't be paying a penny. They want £180.00!!!!! I wouldn't pay them 18p.

I am sure there was something similar posted on here a while back. Does anyone think that this is enforceable?. Should I go to the hassle of formally appealing or just ignore them?.

Henry Irving

Don't know the law but put it in writing to them.

Say you want to appeal.

Ask for a copy of their complaints procedure.

CC to local councillor, MP, local paper, parking enforcement office at council

Kap10

Dunno if you are a member of any motoring organisation ... AA RAC ... but they would be able to give advice, also check your home insurance policy they have all sorts of legal advice coverage and not restricted to matters of the home (I used my home insurance legal cover for cover on my wrongful dismissal case). The only thing I would be worried about re not paying is m,y personal credit rating being affected, but do not know enough about this to advise. there was a similar thing on watchdog recently re McDonalds.

LenGlover

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

cafcadam

you have a legal right to have a copy of the CCTV!

so ask for that then let em take it to court you have nout to be worried about

nth_london_addick

Clem


You dont have to pay it, it is totally un enforcable tell them you will see them in court and request a local one.


I cant think of the website but there is a fella who gives out advice on GMTV about these sort of tickets.

The fine is totally un enforcable so he says

Bigfatpete

this was on watchdog not that long ago, was at macDonalds, but think it maybe run by same company, many of these CCTV systems do not work correctly, so either only pick you up going in or going out.
i am sure it said legally that cannot inforce any fines on you? good luck

Chris_from_Sidcup

[cite]Posted By: Kap10[/cite] The only thing I would be worried about re not paying is m,y personal credit rating being affected, but do not know enough about this to advise. there was a similar thing on watchdog recently re McDonalds.

"And just to put your mind at rest, as there's no credit involved, it can’t hit your credit rating either (unless in the extreme circumstance you ultimately refuse to pay a court order)"

Clem_Snide

Cheers all, I think I'll write to them advising that I am refusing to pay - not appealing. I will request a copy of the CCTV footage for the whole period and sign off by advising that I'll see them in court.

If it were to get that far I can provide an independent witness who walked back to the car with us after the sports day - my daughters teacher.

golfaddick

cctv footage comes under the data protection act and any organisation holding data (be it written, verbal or visual) have to give you a copy of what they have if you request it (a fee of £10 is payable ) and if they don't they are breakinbg the law.

ValleyGary

pretty sure that all these types of fines are unenforcable. If the fine ends up being passed to a cowboy debt collection company then go on the Consumer Forums website and there are letter templates you send to them. Can have a field day with them.

Leroy Ambrose

The advice above is sensible. These private parking enforcement firms don't have any chance of winning anything in court, so don't bother turning up if it gets that far. Best piece of advice is to tell them where to shove it as soon as you receive the letter. The way they make their money is usually to catch you in the act and tow your car, charging you an insane amount of money to get it back. If all they have is cctv, they're taking the piss. Invoking the DPA and threatening to take them to court will be enough to get them scurrying.

LawrieAbrahams

Yes, don't waste a tenner on asking for CCTV footage.

March51

Clem, it might be the thread I started after my son got done a while ago that you're thinking of. I asked for any advice from Lifers after he got a letter demanding money after he parked outside a vacant shop. He wrote one letter on the lines suggested above and has heard no more about it,(I haven't mentioned the outcome before 'cos all those that kindly posted advice will probably want a pint out of it!)

cafcfan

It's basically a private contract between the car park operator and the driver of the car. They don't know who the driver was, just the owner. They can't enforce the contract if they don't know who the contract was with and you are under no obligation to tell them. There's good stuff on the "speed, plod and the law" forum on www.pistonheads.com about this, including a superb letter you can send threatening them with action under the harrassment legislation.

razil

I had similar when parking at bnq greenwich, I visited twice in one day, they only clock you arriving not departing. They saw sense tho

Ask for a copy of the whole days cc tv (but don't pay for it) and explain in writing as you have, also cc to LIDL head office

O-Randy-Hunt

Also saw this on watchdog at the beginning of last month. Think i remember them saying you wont have to pay. If you say to them you will see them in court. They wont want to know & will prob drop the fine

powerchord

The Watchdog piece may well be this ...........

http://www.bbc.co.uk/blogs/watchdog/2010/04/mcdonalds_parking.html

and I think that Lawyer who has advised on TV re private parking is ....

Tim Cary

Hope this helps

McLovin

Get a load of runny dogshit in a paper envelope and put it under their door, leaving a bit of the envelope sticking out on your side. Then set the bit on your side alight. Ring the bell. When they come running they'll stamp on the burning shit-ve-lope spraying it everywhere. If you do this outside of office hours you're liable to just burn down their office, so you may as well not mess about with the shit, which can be a pain to get into the envelope anyway.

clive the addick

hi is the firm called civil enforcement as they cannot do anything about you not paying they will send you a baliffs looking letter but that is a sister firm , they can not send baliffs till they get a court order , they will then drop the price to £60.00 still do not pay them they have no right whatsoever there is a forum regarding the bp garage at gatwick and macdonalds hundreeds have not paid and in the end they drop it

hope this helps

BrentfordAddick

And when it's all sorted - which it will be - ringt the editorial department of your local rag and cause Lidl some embarrassment.