Darwen motorist slams ‘immoral’ Blackburn car park fine (From Blackburn Citizen)
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Darwen motorist slams ‘immoral’ Blackburn car park fine
1:30pm Monday 24th September 2012 in News
By Catherine Pye, Health reporter
SITE The Vue cinema site at the Peel Leisure and Retail Park
A GYM goer has hit out at an ‘immoral’ car parking fine, and said that dozens of others are at risk.
Robin Cronshaw, an IT manager from Darwen, was handed a £90 ticket after parking next to the Vue Cinema in the Peel Leisure and retail Park, Blackburn, as he went to use the on-site DW Gym which neighbours the cinema.
The car park is managed by Lytham-based CMS (UK) Ltd, which has erected notices that tickets will be issued if cars are parked on the site and the owners leave the retail park boundaries.
Mr Cronshaw said: “They don’t define where the boundaries of the retail park are, so how do you know whether you’re leaving or not?
“I only went to the gym and thought that I was well within the rules.
“When I came out there were 10 to 15 other cars that had tickets on, and there were a lot of angry motorists.
“I think it’s completely wrong and immoral because they’re just trying to catch people out.
“I am going to appeal because £90 is a lot of money.”
Barrie Segal, founder of AppealNow.com and one of the UK's leading experts parking ticket law, said: “They have to define the boundaries otherwise they could issue a so called parking ticket for parking in Hong Kong.
“In my view, these fines are not enforceable – some people ignore them, others offer a ‘without prejudice’ payment in full and final settlement of say £5.
“The only way the company can try to enforce the ticket is to go to court, and few cases ever reach court.”
DW Sports and CMS (UK) Ltd were contacted for comment but declined.
Comments(44)
chris283
says...
1:50pm Mon 24 Sep 12
BelTower
says...
2:02pm Mon 24 Sep 12
d146895x
says...
2:06pm Mon 24 Sep 12
chris283 wrote:Two words - spell check
one word leaches
real betis hotpot
says...
2:06pm Mon 24 Sep 12
Darwen Malc
says...
2:08pm Mon 24 Sep 12
real betis hotpot
says...
2:22pm Mon 24 Sep 12
BelTower wrote:Yes and that is why the use of the word fine in the headline of this article is wrong. There is nothing in criminal law to support a penalty or fine for parking on private land. Therefore they should not be described as penalties or fines. I bet the ticket says something like PCN or parking charge notice so to mimic penalty charge notices issued by the police and councils which are fines.
Tip: ignore it. You'll get bombarded with letters from CMS but hold your nerve....a private parking company can't fine you, only a local authority has this power. This is just a threatening invoice so just dig in and ride it out. Check out MSE online for more help and info.
vanmanstan
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2:40pm Mon 24 Sep 12
makaveli96
says...
2:59pm Mon 24 Sep 12
Ignore it!
In fact do what I do, and keep doing it. I've had over 25 in last 2 years and never paid any!!
This costs the companys more money by chasing payments they will never get!!
In fact I sometimes ring them and play around with them on the phone, all good humour!
makaveli96
says...
3:06pm Mon 24 Sep 12
How can a Lytham based company tell us what to do on our soil?
darwenTower
says...
3:11pm Mon 24 Sep 12
It's just preying on the weak.
Anyone who gets one of these tickets should tell the owners of the shops on the retail park that they will never spend there again.
ROVERSCAN
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3:19pm Mon 24 Sep 12
MUDDLES
says...
3:20pm Mon 24 Sep 12
..more of a harassment than anything....please go to www.moneysavingexper
t.com ...and log onto the forum for "parking tickets,fines and parking".....all the info is on that site...only 3 groups of people can issue fines (police,courts & council).....IGNORE !!!!!!
Norm de Plume
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3:36pm Mon 24 Sep 12
ladysal
says...
3:39pm Mon 24 Sep 12
ROVERSCAN wrote:Unfortunately, some people do panic for a variety of reasons and pay the money. I can just picture the little twerps (parking company peeps that is), sitting behind their desks thinking "wow, fleeced another one...."
How many time do people want telling, its not a fine its an invoice which you dont have to pay, ignore it, just rip it up and dont even acknowledge it or them, they will eventually go away, They have no authority to issue fines, its a bloody invoice!!!
Personally, I 'm still waiting for the follow up to the "Notice of intended prosecution" I received 18 months ago. I'm not holding my breath: as others have said, no matter what the language used, these are invoices not fines (unless they come directly from the local council or the police) and they CANNOT force you to pay. Only a County Court judge can do that and precedence states that they are unlikely to.
makaveli96
says...
3:48pm Mon 24 Sep 12
ladysal wrote:A good way to get back at them is to ring them from a "witheld" number, and pretend to cry. Tell them you cant take any more and are ready to end it!
ROVERSCAN wrote: How many time do people want telling, its not a fine its an invoice which you dont have to pay, ignore it, just rip it up and dont even acknowledge it or them, they will eventually go away, They have no authority to issue fines, its a bloody invoice!!!Unfortunately, some people do panic for a variety of reasons and pay the money. I can just picture the little twerps (parking company peeps that is), sitting behind their desks thinking "wow, fleeced another one...." Personally, I 'm still waiting for the follow up to the "Notice of intended prosecution" I received 18 months ago. I'm not holding my breath: as others have said, no matter what the language used, these are invoices not fines (unless they come directly from the local council or the police) and they CANNOT force you to pay. Only a County Court judge can do that and precedence states that they are unlikely to.
The silence at the other end is deafening!
Turn the tables on them!
makaveli96
says...
4:00pm Mon 24 Sep 12
Then I found this note under the wiper. It said:
I just accidentally reversed into your car.Quite a few people saw me do it.They think I'm leaving my name and details.
Well, I'm not.
makaveli96
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4:05pm Mon 24 Sep 12
makaveli96
says...
4:10pm Mon 24 Sep 12
"Don't panic love.... Just look round for a small gathering of men slowly shaking their heads and tutting."
makaveli96
says...
4:20pm Mon 24 Sep 12
makaveli96
says...
4:23pm Mon 24 Sep 12
Apparently thieves operate in our local hospital car park.
we8dingles
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6:10pm Mon 24 Sep 12
CapitaBackHander
says...
7:16pm Mon 24 Sep 12
This is a request for payment and non enforcable.
Yeah they will probably say eventually they are taking you to court and ccj blah blah but they won't and can't.
The only pain in the neck is IF the car is on i.e. finance.
The request for info may goto them and they may forward that on with an admin fee.
Don't mix this advice up with council parking tickets!
p.s. one of the wardens there is a right tool! I parked next to the cabin in the space next to it and he told me to move - I refused as in rush for cinema. The clown put a piece of paper on my car saying he had contacted the police - woah!
phil kernot
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7:20pm Mon 24 Sep 12
jessrovers
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7:30pm Mon 24 Sep 12
These angry motorists should also realise that the wardens are just doing their job and do not deserve all the stick and verbal abuse that they receive. They are following the rules of their bosses and do not get comission for the number of cars booked and no I am not a warden.
Gone84
says...
7:39pm Mon 24 Sep 12
No chip pan fires over the weekend then ?
mikebuk
says...
8:13pm Mon 24 Sep 12
makaveli96 wrote:Guard dogs are operating at ours. I imagine, 'Woof, scalpel, I'll have this bone when I've finished'.
The NHS are really cutting back on expenditure at the moment.
Apparently thieves operate in our local hospital car park.
buckoff
says...
8:18pm Mon 24 Sep 12
jessrovers wrote:Take it you have never been to the gym . It is retail there's a huge retail shop. When your on your rounds dishing out tickets take a look!!!
The clue is in the wording, `retail' I don;t believe that a gym classes as retail therefore it follows that if you leave the retail site and go to the gym then you will get a fine. Why do people think rules shouldn't apply to them.
These angry motorists should also realise that the wardens are just doing their job and do not deserve all the stick and verbal abuse that they receive. They are following the rules of their bosses and do not get comission for the number of cars booked and no I am not a warden.
Nelson J
says...
8:28pm Mon 24 Sep 12
'The clue is in the wording, `retail' I don;t believe that a gym classes as retail therefore it follows that if you leave the retail site and go to the gym then you will get a fine. Why do people think rules shouldn't apply to them.'
DW gym IS part of the same site. I can't understand why it is being described as a retail park..........it's a cinema, a bowling complex, a sports shop and a gym.
turd moor
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8:31pm Mon 24 Sep 12
makaveli96
says...
8:54pm Mon 24 Sep 12
CapitaBackHander
says...
8:54pm Mon 24 Sep 12
jessrovers wrote:That is a pretty idiotic comment!
The clue is in the wording, `retail' I don;t believe that a gym classes as retail therefore it follows that if you leave the retail site and go to the gym then you will get a fine. Why do people think rules shouldn't apply to them.
These angry motorists should also realise that the wardens are just doing their job and do not deserve all the stick and verbal abuse that they receive. They are following the rules of their bosses and do not get comission for the number of cars booked and no I am not a warden.
makaveli96
says...
9:16pm Mon 24 Sep 12
Nelson J wrote:But surely if your team has won the Premiership and you were born and live in the town, then your exempt?
jessrovers says...
'The clue is in the wording, `retail' I don;t believe that a gym classes as retail therefore it follows that if you leave the retail site and go to the gym then you will get a fine. Why do people think rules shouldn't apply to them.'
DW gym IS part of the same site. I can't understand why it is being described as a retail park..........it's a cinema, a bowling complex, a sports shop and a gym.
l m h jones
says...
9:35pm Mon 24 Sep 12
ngexpert.com/reclaim
/private-parking-tic
kets
makaveli96
says...
9:38pm Mon 24 Sep 12
If possible break wind Loud down the phone!
Keep doing till they get fed up and you have wasted plenty of there time.
makaveli96
says...
9:50pm Mon 24 Sep 12
Darrens Delivery Service
says...
9:56pm Mon 24 Sep 12
makaveli96
says...
10:14pm Mon 24 Sep 12
vicn1956
says...
10:45pm Mon 24 Sep 12
MUDDLES
says...
6:37am Tue 25 Sep 12
Nelson J wrote:WHAT A LOAD OF "CODS-WALLOP".......
jessrovers says...
'The clue is in the wording, `retail' I don;t believe that a gym classes as retail therefore it follows that if you leave the retail site and go to the gym then you will get a fine. Why do people think rules shouldn't apply to them.'
DW gym IS part of the same site. I can't understand why it is being described as a retail park..........it's a cinema, a bowling complex, a sports shop and a gym.
..they are illegal !!!!!
MUDDLES
says...
6:37am Tue 25 Sep 12
Nelson J wrote:WHAT A LOAD OF "CODS-WALLOP".......
jessrovers says...
'The clue is in the wording, `retail' I don;t believe that a gym classes as retail therefore it follows that if you leave the retail site and go to the gym then you will get a fine. Why do people think rules shouldn't apply to them.'
DW gym IS part of the same site. I can't understand why it is being described as a retail park..........it's a cinema, a bowling complex, a sports shop and a gym.
..they are illegal !!!!!
Malthus
says...
7:49am Tue 25 Sep 12
chris283 wrote:Don't be so pedantic.
one word leaches
Darwenbert
says...
8:09pm Tue 25 Sep 12
phil kernot wrote:correct
ITS PRIVATE CARPARK NOT COVERED BY ROAD TRAFFIC ACT , CANT MAKE YOU DISCLOSE WHO THE DRIVER WAS , CAN ONLY GO TO COUNTY COURT , COSTS TO MUCH TO GET YOU THERE , WHAT WILL THE JUDGE SAY HOW MUCH DID YOU LOSE , AND THE COMPANY WOULD HAVE TO SAY ZERO , COSTS TO THE PLANTIFF OF ZERO , , NEVER PAID A CAR PARK CHARGE YET
slimitus
says...
6:28am Sat 29 Sep 12
eastlancslad says...
1:45pm Mon 24 Sep 12
Somewhere, some really sad friendless **** is sitting there working out how the next rip off is going to work.
This is utter bullwotsit. These people just love to come up with new 'rules', and expect the gullible public to cough up.
Robin, put the 'fine' notice in your bathroom, and use it for you know what.
Don't pay them a penny, they are just trying it on in the hope that a few of the 'fines' will be paid.
Jack Straw, do what your collegue Graham Jones did in Hyndburn, and stick your oar in.
DO SUMMAT!