Active discussions

Help protect children from gaming harms.

Take our survey

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To not pay a civil parking charge order

66 replies

K8eee · 07/01/2014 17:27

Basically I over stayed my welcome in a lidl car park, and received a letter with a fine from a company called Athena parking. Dh received one of these 2/3 years ago, googled it and by law he didn't have to pay it. Didn't do so, got a couple more letters threatening with bailiffs to come round to take away his car.

I'm just wondering whether anyone else has ignored these and been ok?

OP posts:
Custardo · 07/01/2014 20:15

martis lewis has something on this apparently it is just an invoice

Custardo · 07/01/2014 20:16

martin lewis linky

SwedishEdith · 07/01/2014 20:18

Not sure I understand Dexter ?

Some companies are definitely more like to start court proceedings now. You could still beat them with a good defence but it starts to be a lot more hassle. Honestly, it's so easy to just get rid of it now if you do a bit of reading about what to say. Do not pay though.

IneedAsockamnesty · 07/01/2014 20:18

Custardo.

That changed oct 2012

dexter73 · 07/01/2014 20:22

SwedishEdith - where I parked there was a sign that said the parking was free but you couldn't leave the car park for the shopping centre. I did leave to go to some other shops and was spotted by the parking attendants which is why I got the ticket. I was under the impression that you could only appeal a ticket if they had unfairly ticketed you.
I had a ticket on my windscreen when I got back to my car but just never replied to it and I never got sent any further letters.

Ilovemydogandmydoglovesme · 07/01/2014 20:23

That link is two years old!

SwedishEdith · 07/01/2014 20:28

Dexter - I don't think the reason you (anyone) doesn't buy a ticket is ever really relevant. In an appeal you don't need to go into any mitigating circumstances at all. You just challenge their legality to issue a parking charge at all. They usually can't prove they can.

dexter73 · 07/01/2014 20:29

You are probably right - I didn't really look into it very deeply (I just chucked the ticket in the bin and that was that!).

Chunderella · 07/01/2014 20:32

This reply has been deleted

Message withdrawn at poster's request.

Caitlin17 · 07/01/2014 20:38

You entered into a contract when you parked the car. They provided a service to you which is free if you abide by terms but will incur a charge if you don't They should have had the terms displayed. To get the money which you are due they will have to sue you. If you do this often enough (and remember they might operate other car parks) and what you are owe is more than the court fees for a small debt (or whatever they are called these days) and time taken by an office junior to fill in a pro forma writ they might sue you.

They might do this because it causes little time or inconvenience to them to get a decree in absence but will cause you considerably more to defend.

If you don't defend it even if they don't enforce it the unpaid decree will bugger up your credit rating. Most people I imagine would pay up to avoid that.

To be honest I'm not unsympathetic to them. They provided a service and you didn't stick to your side of it. Most of us wouldn't think of not paying for other goods or services.

toomuchclutter · 07/01/2014 20:41

Ignore ^^^ and don't pay

Caitlin17 · 07/01/2014 20:41

Chunder they don't have to prove their loss as long as it was clear some where in the car park the fees applicable were £.x if you stayed over the free period. It's not a loss, it's non payment of a charge.

dexter73 · 07/01/2014 20:43

They provided a service and you didn't stick to your side of it

I absolutely agree, however I wasn't going to pay a £75 fine for leaving the car park for 15 minutes. If it had been £10 I would have probably paid it. Maybe if their fines were a little more realistic people would pay them just because it is easier than having to appeal against the fine.

Perfectlypurple · 07/01/2014 20:48

I had one in may and ignored it. I got a few letters but nothing for months now

nogreythatmatters · 07/01/2014 20:48

They (the retailer) provide the service, not the trash who work for the threatening car park Gestapo.

wannabestressfree · 07/01/2014 20:50

I picked up my son from the psychiatric unit he was in (in London) last year after a long stay and as I loaded the things into my car and said goodbye to staff they ticketed me. I absolutely refuse to pay this. They have written firstly to the address the car is registered at and now me personally. I hope they do take me to court.

toomuchclutter · 07/01/2014 20:50

Letters stop for a few months and then start up again so don't think it is over when they stop for a while

InPursuitOfOblivion · 07/01/2014 20:50

I agree Dexter. If the fine was £10-£25 say, I'd just pay up to avoid the hassle.
£100 for 20 mins is a piss take. Take note parking eye!

Topaz25 · 07/01/2014 20:56

Here's some more up to date information from MSE:
www.moneysavingexpert.com/reclaim/private-parking-tickets

Janethegirl · 07/01/2014 20:57

I'm in a similar position to the op as I got a ticket through the post just before Xmas. I am ignoring it as it was on a Sunday and the car park was nearly empty.

Piddlepuddle · 07/01/2014 21:00

Don't ignore! As other people say, that is old advice.

I got one from overstaying in a free car park about 6 months ago. So it costs nothing for 2 hours, then I stayed 2 and a bit and got a £60 fine. As explained above, I appealed first to parking eye (who gave out the fine), they rejected but gave me a POPLA code. I appealed to them on the grounds Parking Eye didn't own the land so no contract was formed, that there was no loss to them by me overstaying by 10 minutes, and that £60 is over punitive. I won. Money saving expert are great, offer template letters and advice.

They say ignoring is always am option, but do you have the nerves to ignore numerous letters re potential court summons etc? I don't (you may!) and so I found the above route much much less stressful!

Buriedalive · 07/01/2014 21:04

Don't dispute!! you'll just be dragging it out..

To say the law changed in 2012, I had a 'parking charge' and refused to pay. They couldn't make up their minds which scare tack ticks would work better on me so decided to just go back and forth with solicitors and bailiffs. Its been nearly 2 years now and I'm still waiting on them bailiffs to show Hmm

HaroldTheGoat · 07/01/2014 21:05

I had one and I complained using the disproportionate charges line from MSE. and then just for fun I said I had been delayed as I had to feed the baby and change his nappy and finding no toilet facilities in the store was forced to go elsewhere.

Never heard back, this was over 6 months ago.

I was a big cheeky cow though, I only bought tea bags and left my car there whilst I went for a coffee.

The car park is always dead though, and I always shop there.

Buriedalive · 07/01/2014 21:07

Oh and they're now also sticking notices to peoples cars, looks like a council fine but its not. This is also BULLSHIT, and has recently been on tv warning people to not be fooled into paying.

What are they going to take you to court for? loss of earnings? which will be naff all, assuming the car park was free.

They also have to show clear signs of how long you can stay for, they usually aren't clear enough at all, in fact the ones in the car parks near me have recently been upgraded and the writing has somehow gotten smaller Hmm

It would not be worth them taking you to court over.

SwedishEdith · 07/01/2014 21:11

They do have to prove that their "loss" was a "genuine pre-estimate of loss" though. And it wasn't so they can't. If you demand that they show this to POPLA you should win any appeal.

Swipe left for the next trending thread