DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 89363--------------------------------------------------
Bank Parking - compensation for ticket being issued incorrectly.
DIR By: Kharas1
Date: September 10, 2025, 10:13 am
---------------------------------------------------------
I am helping someone who received a PCN from Bank Parking.
They had already purchased in advance the parking but then
subsequently Bank issued a PCN to them.
Having complained and appealed to Bank, we now hold confirmation
that the notice has been cancelled, although it doesn’t specify
why or acknowledge that parking had already been paid for.
However this clearly should never have been issued in the first
place had Bank been even vaguely competent.
An admin fee has been incurred from the Vehicle Hire Company to
provide the necessary details to enable Bank to contact the
hirer. In addition it has taken time and effort to deal both
with the vehicle hire company and subsequently the morons at
Bank Parking, when none of this should have been necessary.
We would welcome any thoughts on the best route and tactics to
seek compensation from Bank as to cover actual costs as well as
for the time and inconvenience of their incompetence.
This has become a bit of a point of principle now so absolutely
not adverse to taking this through to the small claims court if
appropriate.
#Post#: 89372--------------------------------------------------
Re: Bank Parking - compensation for ticket being issued
incorrectly.
DIR By: DWMB2
Date: September 10, 2025, 10:43 am
---------------------------------------------------------
We'll need some more context. Was this cancelled at the initial
appeal stage?
We will also need to see the terms and conditions of the hire
agreement that the hire firm are using to levy their admin fee,
and confirmation of how much that fee is.
In a lot of cases we see, the admin fee is either arguably not
due at all based on the wording of the the bids agreement. If
that is the case, any recourse in regards to the admin fee would
likely be against the hire firm rather than Bank.
#Post#: 89376--------------------------------------------------
Re: Bank Parking - compensation for ticket being issued
incorrectly.
DIR By: b789
Date: September 10, 2025, 10:53 am
---------------------------------------------------------
Here are your realistic options and the best order to try them.
Option 1: Recover the admin fee from the hire/lease company. We
need to see the exact wording of the hire agreement about
“PCNs”, as opposed to “traffic offences” or “fines/penalties”. A
private parking charge is a speculative invoice from an
unregulated company, not a fine and not a traffic offence. If
the clause only mentions “fines”, “penalties”, “traffic
offences” or similar, the admin fee is likely outside the
contract and should be refunded. Cite the Consumer Rights Act
2015 (fairness and transparency of terms) and unjust enrichment.
Ask for a full refund of the admin fee within 14 days. If their
terms expressly allow an admin fee for “PCNs/parking charges”,
then challenge reasonableness and proof of work: request their
contemporaneous log of actions taken, any documents sent, and a
VAT invoice. If they paid anything to the operator instead of
simply naming the hirer, demand that back as well because they
should have transferred liability, not pay private invoices.
Option 2: Ask Bank Parking to reimburse your losses caused by
their error. Write a short letter before claim explaining that
parking was pre-paid, their PCN was issued without due
diligence, it was later cancelled, and this caused foreseeable
losses (the hire company’s admin fee plus incidental
out-of-pocket costs). Require reimbursement within 14 days and
enclose proof: the pre-purchase, the cancellation, and the hire
company’s invoice. Keep the claim to actual, provable losses;
courts rarely award anything for time and inconvenience unless
pursued as a data protection distress claim (see Option 3).
Option 3: Consider a small claim for UK GDPR/Data Protection Act
distress and loss, but only if you have a solid basis. This
route turns on whether Bank lacked “reasonable cause” to process
your data and/or failed to check their own payment records
before issuing the PCN. If they could and should have seen the
valid session, you can argue unlawful processing and seek modest
damages for distress plus your admin fee as loss flowing from
the breach. To evaluate this properly, send a subject access
request to Bank Parking for: the VRM payment/whitelist logs,
ANPR hits, their internal audit trail for the PCN, DVLA
request/response timestamps, and the reason recorded for
cancellation.
Option 4: Escalate complaints. If the hire firm is a BVRLA
member, use the BVRLA conciliation service if they refuse a
refund. You can also complain to the DVLA if Bank requested
keeper data without reasonable cause, and to the operator’s
trade association about failure to exercise due diligence. These
are leverage points even if they don’t directly pay you.
Evidence to gather now: the hire/lease agreement (full wording
of any clause about PCNs, fines, penalties, offences, admin
charges), the admin fee invoice and proof of payment, the
pre-purchase confirmation, the operator’s cancellation
email/letter, and a simple chronology.
If you must issue a claim, the simpler target is often the hire
company for the admin fee if their contract wording doesn’t
clearly cover private PCNs. If their wording does cover PCNs,
pivot to Bank Parking for reimbursement of the admin fee as a
reasonably foreseeable loss caused by their admitted error. Keep
quantum modest and provable. Note that small-claims costs are
limited; you won’t recover general “time spent”, but you can
recover the issue fee and capped hearing costs if you win.
Please share the exact hire/lease clause dealing with charges,
“PCNs”, “fines”, “penalties”, “traffic offences”, and any
“admin/processing fees”, so we can decide whether to pursue the
hire firm for a straight refund or focus the pre-action letter
on Bank Parking.
#Post#: 89387--------------------------------------------------
Re: Bank Parking - compensation for ticket being issued
incorrectly.
DIR By: DWMB2
Date: September 10, 2025, 11:16 am
---------------------------------------------------------
As an addition to the above - it is also worth us 100%
confirming that there was no error on the part of the PCN
recipient. We've seen similar cases where upon inspection, they
have made a minor error when paying for the parking, making an
error inputting the reg (BA12 CDE instead of AB12 CDE for
example). I'm not accusing your friend/associate of doing
anything wrong here, but let's rule it out before anyone
considers issuing court claims.
#Post#: 89388--------------------------------------------------
Re: Bank Parking - compensation for ticket being issued
incorrectly.
DIR By: Kharas1
Date: September 10, 2025, 11:23 am
---------------------------------------------------------
Thank you both for some very good advice and guidance at this
stage, let me do some further research on the points raised,
including checking that the original payment of the parking
charge is entirely valid.
#Post#: 89417--------------------------------------------------
Re: Bank Parking - compensation for ticket being issued
incorrectly.
DIR By: Kharas1
Date: September 10, 2025, 2:32 pm
---------------------------------------------------------
This is an update on what I know so far.
This is the clause (9n) that deals with the admin charge that
has been applied.
“It may be that your possession or use of the Vehicle leads to
fees,
fines (including speeding, parking and congestion charge fines)
or other
sums or liabilities being referred to us. If so, we may charge
you an
administration fee as shown in the Key Information section of
this
agreement for each referral. We may (but need not unless we are
legally
required to do so) choose to pay these amounts if you have not
paid
them. If we do so, you agree to reimburse us for the amounts we
pay. We
will charge you a further fee as shown in the Key Information
section of
this agreement] for each charge we pay.”
The admin charge is £10, which has somewhat surprised me as I
was expecting more tbh.
I haven’t got it to upload yet but the invoice recharging it is
headed - “ Motoring Offences Invoice” and the invoice is
described as “ motoring offences/fines - issued by Bank Parking
Management Ltd”.
The payment of the parking in advance seems to check out,
correct date/time/location and Reg as the PCN subsequently
issued by Bank, but clearly well worth a check.
#Post#: 89419--------------------------------------------------
Re: Bank Parking - compensation for ticket being issued
incorrectly.
DIR By: jfollows
Date: September 10, 2025, 2:41 pm
---------------------------------------------------------
So the bottom line is £10 to the Vehicle Hire Company only?
#Post#: 89421--------------------------------------------------
Re: Bank Parking - compensation for ticket being issued
incorrectly.
DIR By: Kharas1
Date: September 10, 2025, 2:44 pm
---------------------------------------------------------
Assuming no practical way of a broader claim for inconvenience
and time wasting, that is the only clearly identifiable and
evidenced cost identified to date.
#Post#: 89423--------------------------------------------------
Re: Bank Parking - compensation for ticket being issued
incorrectly.
DIR By: jfollows
Date: September 10, 2025, 2:47 pm
---------------------------------------------------------
25 words meaning “yes”!
#Post#: 89424--------------------------------------------------
Re: Bank Parking - compensation for ticket being issued
incorrectly.
DIR By: Kharas1
Date: September 10, 2025, 2:48 pm
---------------------------------------------------------
I’m practicing being able to charge by the word😆
*****************************************************
Page 1 of 3
DIR Next Page