msa fines ......

billybigrig:

rambo19:
Ignore the fine/invoice by all means.
However, if you use the MSA again in the same vehcile, be preperd to be clamped…

Not 100% but as it is the driver that enters into the “agreement” then they cannot do that ■■

if you read the notice’s in msa’s then they say that they MAY clamp you. but it is illegal for them to clamp a vehicle over a previous alledged “fine”. not that the police will bother as they will claim it is a civil offence.

Yep, it is illegal to clamp over an alledged debt.
Clamping will be outlawed very soon anyway.

The reason they don’t take anyone to court is, it’s also illegal for a private company to issue ‘fines or penalties’.
They know this. The £60 they demand is a fine/penalty.

IF they took anyone to court, the most they could claim for is a ‘pre-estimate of their actual losses’.
So, what they actually lost out on is the revenue that parking space could have made them if you weren’t there (the cost of the parking).
If the services weren’t full to capacity, it could be argued in court that they haven’t actually lost anything, as no customers lost the opportunity to park.

The Chief exec of National Car Parks has publically stated (several times) that “they don’t do court”, because they know they’ll lose.

Just ignore them.

If there to scared to take you to court and/or wouldnt win as its no viable or they dont have a case to answer against then WHY do so many people pay the extravagent parking charges day in/out at these places?

ps:- For some reason everytime I come out of these MSA’s I always have some sort of cardboard like A4 sheet of paper stuck on my front number plate, dont know how it gets there but I simply pull over when by the ANPR cameras and take it off as not to run illegally down the m/way and have yet to hear anything from them?

billybigrig:

rambo19:
Ignore the fine/invoice by all means.
However, if you use the MSA again in the same vehcile, be preperd to be clamped…

Not 100% but as it is the driver that enters into the “agreement” then they cannot do that ■■

You’re right, it’s nothing to do with the registered keeper, and it’s up to them to identify who the driver was.
Your boss could tell them though, for an admin’ charge of £100 :wink:

I thought everyone knew this,just shows you that some drivers are really thick!

No doubt the DCPC will weed out the thickos.What an industry we will have then.

My french mates say its the best thing (anpr) that has happened, as it means park up and don,t get clamped, but i have heard you can still get clamped for non payment?? is this true.
One lad i know does it every week. :open_mouth: So again its one rule for us and we pay, and johnny f gets away again with nowt to pay. :confused:

espresso:
unfortunately the pal I have been driving for is also a Methodist Lay Preacher, and a really nice bloke to boot, so I really can’t see him doing anything other than paying the fine.

I’d argue that the moral thing to do is not pay. Paying only encourages them to keep trying this scam on.

loopyjuice:

billybigrig:

rambo19:
Ignore the fine/invoice by all means.
However, if you use the MSA again in the same vehcile, be preperd to be clamped…

Not 100% but as it is the driver that enters into the “agreement” then they cannot do that ■■

if you read the notice’s in msa’s then they say that they MAY clamp you. but it is illegal for them to clamp a vehicle over a previous alledged “fine”. not that the police will bother as they will claim it is a civil offence.

And there lies the problem…

Plenty of info on pepipoo of people who have ingored private parking fines and got clamped in the same place at a later date, and sadly the police, rightly so, won’t get involved as its a civil matter.

rambo19:

loopyjuice:

billybigrig:

rambo19:
Ignore the fine/invoice by all means.
However, if you use the MSA again in the same vehcile, be preperd to be clamped…

Not 100% but as it is the driver that enters into the “agreement” then they cannot do that ■■

if you read the notice’s in msa’s then they say that they MAY clamp you. but it is illegal for them to clamp a vehicle over a previous alledged “fine”. not that the police will bother as they will claim it is a civil offence.

And there lies the problem…

Plenty of info on pepipoo of people who have ingored private parking fines and got clamped in the same place at a later date, and sadly the police, rightly so, won’t get involved as its a civil matter.

at worst it is fraud, at best it is obtaining money by deception. both of which are criminal offences
you cannot put a lien on someone elses property for any previous indicresions made. you can however for a current “offence”.

I always thought the way firms bully individuals with their “invoices” was to send an update to firms like Experian that make it very hard for you to get credit.

Eg. “This person is a bad payer. Doesn’t pay their invoices. Defaults legal bills sent to them. Status 8/9”

which in itself reduces one’s credit rating from a would-be “Perfect” to “ok for store cards, credit cards & car loans only.”

If you’ve paid off your mortgage therefore, and don’t intend ever getting another one then go ahead and ignore the fine!

If I did this, no doubt I’d be hailed some kind of scumbag for not paying my debts, but that’s merely because I’m unpopular. Everyone else therefore should have no trouble! :sunglasses:

(I deal with this issue by never taking more than a 45 at MSAs period!)

If everyone likes you, 8" is a big swinging ■■■■. If they don’t like you, 8" is a tool.

Winseer:
I always thought the way firms bully individuals with their “invoices” was to send an update to firms like Experian that make it very hard for you to get credit.impossible for them to do as for them to update your credit file they have to have a signed agreement with you

Eg. “This person is a bad payer. Doesn’t pay their invoices. Defaults legal bills sent to them. Status 8/9”

which in itself reduces one’s credit rating from a would-be “Perfect” to “ok for store cards, credit cards & car loans only.”

If you’ve paid off your mortgage therefore, and don’t intend ever getting another one then go ahead and ignore the fine!

If I did this, no doubt I’d be hailed some kind of scumbag for not paying my debts, but that’s merely because I’m unpopular. Everyone else therefore should have no trouble! :sunglasses:

(I deal with this issue by never taking more than a 45 at MSAs period!)

If everyone likes you, 8" is a big swinging ■■■■. If they don’t like you, 8" is a tool.

I always thought the way firms bully individuals with their “invoices” was to send an update to firms like Experian that make it very hard for you to get credit.impossible for them to do as for them to update your credit file they have to have a signed agreement with you

not sure who you mean by “they” but Experian do not need a signed agreement with you to hold a credit file on you, otherwise they would have no files at all!

experian and the like dont but for any company to post or update your file they need your consent ie: a signed credit agreement or the like.
eg: you want a loan from the bank, you go in and they get you to sign an agreement to access your credit file to decide if you are a good payer or not.
these parking companies only have the vehicle reg/owners details and not the drivers, so therefore they cannot update or post on anybodies credit file

presumably they ask the company you work for to supply your details in order for them to pursue their claim against you for the parking charge, as I understand the penalty charge is against you and not the owner of the vehicle.
Once they then have your details they have the necessary info to inform Experian.
When you park your vehicle on the MSA I assume that you accept their terms and conditions as posted somewhere on the site even if you don’t sign anything.
I know that when I have purchased car insurance a credit check has been done even though I pay up front with no credit arrangements at all.
I have known employers use similar checking agencies before offering a job, and to the best of my knowledge no signature was required from the applicant.

del949:
presumably they ask the company you work for to supply your details in order for them to pursue their claim against you for the parking charge,legally the company you work for cannot do this, although most companies have a clause to say that they can/will pass them on to interested parties. that does not include police/council fines as they are legally obliged to divulge the information as I understand the penalty charge is against you and not the owner of the vehicle.correct
Once they then have your details they have the necessary info to inform Experian.not possible without your written consent. experian and their like would be breaking the data protection act if they alter your data file without your express permission which you give by signing for that loan/mortgage or hp agreement
When you park your vehicle on the MSA I assume that you accept their terms and conditions as posted somewhere on the site even if you don’t sign anything.nope. the agreement on the notice boards is not worth the paper it is printed on. they can and do claim it is binding by your parking there but it is not a legally binding document and will never stand up in court
I know that when I have purchased car insurance a credit check has been done even though I pay up front with no credit arrangements at all.most insurer’s will have a clause in their terms that they perform a credit check, which is legal but on the grey side of the line
I have known employers use similar checking agencies before offering a job, and to the best of my knowledge no signature was required from the applicant.you will probably find it is a clause of the contract that you signalso alot of companies are now including a clause that they pay any and all fines on your behalf and recoup the monies (sometimes with an administration fee) from your wages

OK , LoopyJuice
I’ll take your word for it :slight_smile: