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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To ask whether DH is right about this parking fine

41 replies

EElisavetaofBelsornia · 15/09/2014 16:02

DH parked our car in a private car park which is free for two hours. He was 10 minutes late back and got a £50 Fine notice. He ignored this and now we have a letter saying if we don't pay £100 they will take County court action. DH says we should continue to ignore it, local authorities have the right to take legal action for things like driving in a bus lane or exceeding the speed limit, private companies don't. Is he right? The car is in my name so all the letters come to me and it's making me twitchy! The company is called Parking Eye if that helps, I think I have seen a thread about them before but can't find it. AIBU to worry or is he right and we can carry on ignoring this fine? Thank you!

OP posts:
Andrewofgg · 15/09/2014 18:53

If you pay any of these people anything buy a postal order so that they do not have your bank details on file.

firesidechat · 15/09/2014 19:49

I had this exact situation a couple of years ago, except in reverse. I was the overstayer (by 10 minutes) who didn't want to pay and my husband was the registered keeper who did want to pay the fine.

We paid the fine because I knew my husband, who is very law abiding, wouldn't be able to cope with the increasingly threatening letters.

I think the law has changed a bit now and these fines may be enforceable. The money saving expert link is well worth looking at.

Original poster
EElisavetaofBelsornia · 15/09/2014 21:31

OK I have written my appeal on as many grounds as I can think of, mainly the one that the rate is set at a punitive level as I think it's the most sound, but chucking everything including the Freedom of Information Act and emails to the local shops into it. I have then told them that as DH did over stay, I am paying the £2.50 charge for the next hour and a £10 admin charge and regarding the matter as closed. Will get a postal order tomorrow, thank you Andrew for that tip. Fingers crossed that this will work!

OP posts:
pippinleaf · 15/09/2014 21:32

I ignored a fine from a private company, they kept writing with threats if baliffs but I followed the advice of dr google and eventually the letters went away

Knackeredmum13 · 15/09/2014 21:37

When I got a parking eye fine I just took my receipt into the shop and they had thefi e cancelled.

Knackeredmum13 · 15/09/2014 21:37

The fine not thefi

Mrsmorton · 15/09/2014 21:56

No, don't cancel your thefi knackeredmum

My brother cancelled his thefi once and he's never been the same since.

thefi now in my autocorrect

unlucky83 · 15/09/2014 21:57

Haven't dealt with this since the law changed - but recommend CAG.
DP got fined on a Lidl carpark...
He used to be a regular customer - got things there for a restaurant -so spent a fortune. A couple of times a week he would visit his friend and then get his shopping. They introduced a maximum stay...he didn't realise at first (signs not particularly prominent) and then when he did (4 or 5th time) he had overstayed by 10 mins or so but didn't get a ticket...so he didn't worry about it and carried on as usual - thinking if he got a ticket as such a good customer Lidl wouldn't charge him. He did it a few more times over a month - hadn't heard anything - and then suddenly he got the fines one after another within a couple of days... his bill was almost £500 if he paid instantly ..just less than a £1000 if he didn't. The guys in Lidl couldn't do anything about it. I am pretty sure it was a policy - to let people rack up as many fines as possible before they knew they were getting them. And the signage wasn't particularly clear ...anyway we didn't pay - we took a photo and iirc we sent one letter - template from CAG and then ignored - we got the debt collector letters, we are going to take you to court etc- then nothing...they did then upgrade their signs etc but I do wonder about how much money they made out of people just paying up ...
He has had two since - and paid - cos it wasn't worth the hassle and he was in wrong...

And be warned - I once got an actual ticket on my car on a private carpark. The ticket machine had the wrong time - 15 mins out - I always always check now! I returned 5 mins early and the ticket said I had overstayed by 10 min!! And (sneakily?) the machine had been reset to the correct time between me paying for parking and realising I had a fine...I checked the time on the machine and was doubting myself except whilst DP & DCs were paying for parking I was making a quick phone call on my mobile to somewhere I have never called before or since - so I knew exactly what time we bought the ticket....
I just ignored it - ready to fight it if nec - but I never heard anymore - but not sure if it was because my reg no wasn't really clear on the ticket...

Original poster
EElisavetaofBelsornia · 15/09/2014 22:08

I re thought my tactics whilst in the bath Smile. Have re written the letter so it just says I know the level of fine is illegal, and will challenge if you take it further. But instead I am sending the £2.50 plus £10 and regard it as closed. Then I can keep the other grounds for if they come back to me.

Thank you Mumsnet for all your help.

MrsMorton Grin

OP posts:
phonebox · 15/09/2014 22:19

It is not a fine, it's an invoice.

I've not responded to any of the 5 or so private invoices I've received. After a series of increasingly ludicrous changes to font size and colour, each stopped after about 8 months.

DrankSangriaInThePark · 16/09/2014 08:28

They might start again phonebox. Mine was from June 2013. Stopped in October, have now started again.

One of the consumer websites is saying that the news articles saying courts really have found in favour of the parking companies is wrong. That these were proper council issued fines, not private invoices?

idiuntno57 · 16/09/2014 08:48

This is where the parking experts live:

forums.pepipoo.com/index.php?showforum=60

My understanding is that if it is Parking Eye you really need to appeal (even if it is officially too late) as they can and do enforce these fines in court.

Good Luck

maninawomansworld · 18/09/2014 11:16

The parking company have not 'fined' you.
That official looking letter (which deliberately looks like a scary 'fine') is actually merely an invoice, nothing more.

They are invoicing you for parking over the 2 hours that you get for free. If you do not pay then they will simply go to small claims court as any small business owner would to extract money from a non paying client.

From the sounds of it, it is a 'fair cop' and you should just pay up.

Mmmporridge · 18/09/2014 11:58

I would probably just pay up actually - simply not worth the hassle or the risk of a much bigger bill. I have never dealt with one of these cases, but as a barrister I'm in the county court every day of the week and see these private parking cases being litigated on a very regular basis - they seem to be overwhelmingly successful too. The judges let it drag on to many hearings to give litigants in person (I.e. You defending yourself without a lawyer) a fair crack of the whip, but the reality is that the parking companies win them most of the time. I would just pay up myself rather than bother challenging it - you'd just pay a council fine after all anyway, and the risk of ending up with a £1k bill just isn't worth it.

ilovepowerhoop · 18/09/2014 12:10

I dont think the parking companies do win them most of the time. How is a £50 payment a fair amount for parking for an extra 10 minutes in a free car park? Why not send them something like £5 in full and final settlement

Mmmporridge · 18/09/2014 12:15

Just my experience ilove from speaking to colleagues at court who do these claims.

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