# BEWARE in Plymouth



## juspalm (Nov 4, 2007)

We visited Plymouth yesterday and parked in the Barbican leisure park. We took little one for a walk to settle him down before eating in Bella Italia. On returning to the van only to discover a £100 parking charge notice, for leaving site. So tell all to keep away!


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## Zebedee (Oct 3, 2007)

Challenge it! 8O

Don't throw a strop as that will only raise hackles, but if you explain the situation you may well reach someone with the ability to use a bit of common sense and over-ride "_*the rules*_".

There's far too much conditioned response these days, where nobody thinks and makes an informed decision, but just goes by "the rules" whatever the situation - behaving very much as if they have been to dog training sessions. :roll:

Dave


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## seanoo (Mar 31, 2007)

unless its from the council or the police then just ignore it. google private parking company penalty notices and you will find a load of info on these parasites. its a civil matter and they are not allowed to issue "fines" . they can take you to court but only for loss so say it was £2 to park and you didnt have a ticket, then thats all they can chase you for. not saying you should just park where you like and ignore regulations but some of these companies are just daylight robbery so get some info before contacting these people unless its council /police then you dont have much choice but to pay up. all the best sean


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## Penquin (Oct 15, 2007)

Treat the £100 charge as any other private "parking fine"

http://www.adviceguide.org.uk/wales...ng_ticket_on_private_land_what_can_you_do.htm

the same applies to England......

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

DON'T PAY at least until you have checked through these guides, they are only allowed to reclaim their losses - which in the case of the Barbican Leisure Park would be very small and certainly NOT £100 as a court would confirm.....

Dave


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## juspalm (Nov 4, 2007)

Thanks all, not throwing a strop, just warning others as we were "observed leaving site". Which is very sneaky. I have no intention of paying as we did use their facilities and have proof. Will fight it if they bother to get our details.


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## stevegos (Jun 23, 2013)

Ditto

If on private land then ignore it. Its highly unlikely they will take any action. You may get a few threatening letters but ignore.


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## simbadog (Jul 12, 2011)

We understand that parking at Barbican Leisure can be difficult at busy times and advise customers to arrive early to avoid disappointment.

To help our customers park more easily, we have introduced a new parking enforcement scheme.

Please note the following restrictions:
Parking at Barbican Leisure is for visitors to the leisure park only.
Customers may be asked to provide proof of purchase.
Please park in marked bays only.
Blue badge holders only in disabled spaces.
Please do not park on roadways or footpaths.
Failure to meet these regulations may result in a Parking Charge notice. Thank you for your co-operation.
================

CONTACT US
Most information can be found quickly and easily within this website, and the FIND US page provides information on how to get to the Barbican Leisure Park Plymouth (including maps and travel links).

However, if you can't find the answer to your question within the site, please don't hesitate to contact us using the telephone, fax and email or post details provided below.

Address:
Barbican Approach
Coxside
Plymouth
Devon
PL4 0LG

Tel: 0161 277 7242
Email: [email protected]


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## Wizzo (Dec 3, 2007)

> Please note the following restrictions:
> Parking at Barbican Leisure is for visitors to the leisure park only.
> Customers may be asked to provide proof of purchase.
> Please park in marked bays only.
> ...


The restrictions as posted by simbadog do not say that you cannot leave and you were a visitor to the park.

Do not pay anything. Do not enter into any correspondence with anyone in connection with this. They will probably use an 'enforcement agency' to try and make you pay. Ignore the letters. Ignore any threats to blacklist you or take property from you etc - this cannot be done. Keep any receipts.

JohnW


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## BritStops (Mar 3, 2011)

You will probably find that the parking notice has not been sent by the Barbican but by a private parking company contracted to manage the car park.

As other have advised, ignore. When you receive solicitors' letters - ignore. You may receive several of these, but they'll fade away in the end.

Obviously keep your proof of having used the leisure centre.

As well as moneysaving expert, pepipoo has a wealth of information on this subject, including samples of the types of letter you may receive. Link takes you to the part of the forum that deals with private parking tickets.

Steve


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## readyforoff (Dec 28, 2013)

Just the same old ex wheelclamping guys scrabbling around to make a living because it's still in their blood. Unfortunately for them they no longer have any clout :lol: :lol:


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## Steve_UK (May 18, 2012)

The advice to ignore is no longer valid as many of these companies are going for court action.

HOWEVER - it should be easily beaten. As suggested above, go onto Money Saving Expert site or try here..

http://forums.pepipoo.com/index.php?act=idx

...and post in the most relevant forum (probably "Queries" > "Private Parking Tickets & Clamping ")

You'll save yourself a packet.

There's even someone who posts on there who will take the fight on for you (cost £16) but will pay the charge if they fail to get it cancelled.


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## bigcats30 (Aug 13, 2012)

Steve_UK said:


> The advice to ignore is no longer valid as many of these companies are going for court action.
> 
> HOWEVER - it should be easily beaten. As suggested above, go onto Money Saving Expert site or try here..
> 
> ...


*It is against the law for a private firm to charge £100 for a parking charge......

Incorrect information like this will scare people into paying....

They cannot 'take you to court' as it is a civil offence, all they can do is apply to a small claims court for recovery of the charge WHICH will be immediately thrown out because as I have already said...they are not allowed to charge you £100 for parking

And as someone has already pointed out they haven't actually broken any of the rules that were on display. So guess what

People are scared into paying this ridiculous charges to private companies because of false information and it needs to stop.

*

The second you reply to this letter now has you as at that address and the owner of the vehicle

If you don't reply then they cannot proceed as to take you to court first of all you have to be served with the information

In THIS country you are not required to prove innocence THEY are required to prove guilt....to do that they need proof it was you

IGNORE


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## Steve_UK (May 18, 2012)

It isn't "against the law" to charge £100. If they charge you £100 and you pay, the matter is closed and nobody has necessarily broken the law.

And they can take you to court; why shouldn't they be able to? Unfortunately they have done so, and won in cases where the defendant has tried to defend themselves without some knowledgeable assistance. However, these penalties are easily knocked on the head with a properly worded appeal to POPLA (other flavours available).

Perhaps what you meant was that the £100 would be considered an "unenforceable penalty", in which case I agree 100%

All these companies are doing is issuing an invoice; pay it if you wish, but they are usually very straightforward to get dismissed.


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## olley (May 1, 2005)

A friend of mine runs a parking enforcement company and still finds it very lucrative inspite of the change in the law. He has contracts to go around shopping centre carparks which have limited waiting, (typically 3 hours) He drives his van down the rows and use an APNR camera to record number plates, 3 hours later he's back, runs down the rows again and the software compares the numbers, picks up any overstayers and they get a £60 invoice in the post.

Never even gets out of his van, reckons its brilliant, better than before.

Ian


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## bigcats30 (Aug 13, 2012)

Feel free to watch the BBC and a Solicitor pointing out that people should just ignore.


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## bigcats30 (Aug 13, 2012)

olley said:


> A friend of mine runs a parking enforcement company and still finds it very lucrative inspite of the change in the law. He has contracts to go around shopping centre carparks which have limited waiting, (typically 3 hours) He drives his van down the rows and use an APNR camera to record number plates, 3 hours later he's back, runs down the rows again and the software compares the numbers, picks up any overstayers and they get a £60 invoice in the post.
> 
> Never even gets out of his van, reckons its brilliant, better than before.
> 
> Ian


Because people are scared and get fed misinformation

Only Police and Councils should be taken notice of.


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## Steve_UK (May 18, 2012)

bigcats30 said:


> http://www.youtube.com/watch?v=XAIcdi9niHA
> 
> Feel free to watch the BBC and a Solicitor pointing out that people should just ignore.


That was uploaded in May 2010. Better read up on The Protection of Freedoms Act (if there's ever been a mis-named bit of legislation!).

Since 2012 these operators can (IF they comply with some strict conditions) transfer liability from the driver to the registered keeper of the vehicle.

Hence the proper advice these days is do not ignore. If the car is registered to yourself (i.e. not a hire car or company vehicle) then wait for them to send a Notice to Keeper. This gives them additional opportunities to mess-up the process. If they do not follow the correct procedure exactly, they miss out on being able to chase the registered keeper and have to go back to the driver. All being well they do not know who this is!

In the event that they know who the driver was, at the moment all appeals to the independent adjudicator which claim that the amount demanded is not a Genuine Pre-Estimate of Loss on the part of the parking company are being upheld.

Plenty of other avenues as well; just don't think that these companies are unable to chase the unwary. Unless you knock it on the head, they have up to six years to resurrect any action!


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## Hawcara (Jun 1, 2009)

If you are going to Plymouth, park your van at the Milehouse Park and Ride site, by Plymouth Argyle ground or at the George P & R site. There are no overhead barriers, there are no restrictions on time and as far as I can see you do not have to use the bus. If you do then it is a PR1 and they run every 12 mins until 6.30pm. You can walk to the Leisure Park from the town centre. 

This does not solve your parking problem, but it may help others to avoid the fine in future.


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## bigcats30 (Aug 13, 2012)

Steve_UK said:


> bigcats30 said:
> 
> 
> > http://www.youtube.com/watch?v=XAIcdi9niHA
> ...


Which is in a perfect situation and they follow it exactly......hundreds of thousands of private parking fines are issued yearly.

they and the courts cannot deal with them, they just don't have the money or the man power.

And as someone has already pointed out they haven't broken any of the rules stated.....so the parking fine is invalid and its not the drivers job to prove this.....innocent till proven guilty.

do they have pictures of them leaving?? is there video footage of them leaving the vehicle then leaving the car park???

its a LONG way to go before courts are even close to being used.


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