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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to appeal parking fine for 3 minutes parking

29 replies

ARV1981 · 13/06/2016 18:24

I have received a letter saying I must pay a parking fine of £100 (£60 if I pay it in 14 days). There's a photo of my car parked - which shows I was only in the space for 3 minutes. I only stopped there so my husband and baby (and buggy) could get out of the car! I really was only there for 3 minutes.

Is the fine enforcable?

Can I appeal it successfully, do you think?

OP posts:
monkeywithacowface · 13/06/2016 18:28

Is it a private company or council fine?

OohMavis · 13/06/2016 18:29

If you were still in the car with the engine turned on, and people were just getting out, would that actually count as parking? Confused

Yambabe · 13/06/2016 18:33

Totally depends what sort of space it was.

AngieBolen · 13/06/2016 18:34

If it's a photo it was automatically generated, so appealing to a human being might work. DH appealed as he'd entered his car reg, when he was driving my car when we were on holiday, and the appeal was successful (and we've been back to the car park many times since and sent lots of £££ there, so for the local economy they did the right thing, as we would probably have not wanted to go back.

I appealed a parking ticket when mine fell out after I put it on the dash board - it wasn't a sticky one, and one of the kids must have knocked it. Apparently it was my responsibility to ensure it was clearly displayed, so the fine was upheld, even though I could prove I had a ticket.

You've nothing to lose by appealing...

Original poster
ARV1981 · 13/06/2016 18:38

Its a private company.

OP posts:
Original poster
ARV1981 · 13/06/2016 18:39

I would have turned the engine off to get the buggy out of the boot.

OP posts:
Original poster
ARV1981 · 13/06/2016 18:40

I may even have got out to help... But, only there for 3 minutes

OP posts:
titchy · 13/06/2016 18:41

Check the signage - you might be able to argue you were unloading rather than parking.

SelinaMeyerVP · 13/06/2016 18:53

yes, I would look up the definition of 'parking'

Creampastry · 13/06/2016 18:55

Isn't there a new law where you are allowed 10 minutes leeway?

Theoretician · 13/06/2016 18:57

I was just about to mention the new law. I don't know if it applies to private parking, but in any case it doesn't help, as it only gives you ten minutes from the end of time you have paid for. If you haven paid at all, it gives you nothing.

originalmavis · 13/06/2016 18:58

We got two in one week - we stopped the car long enough to open the car door and shove DS out. I'm not kidding either!

Theoretician · 13/06/2016 18:59

Having said that, I know about the law because there was a traffic warden waiting next to my car when I parked without paying for ten minutes (took DD into friend's flat) and I didn't get a fine, even though I hadn't paid. Not sure why I got away with it.

Theoretician · 13/06/2016 18:59

Sorry, meant to say I know about the law because I googled traffic warden waiting after that incident.

isthatmytshirt · 13/06/2016 19:05

I got one once from a private parking company, and whilst I was definitely there on the date, it stated that I drove off as the person tried to ticket my car! I've never in my life done this! So on that point alone I was planning on refusing paying. Unless the ticket person was hiding in a bush and planned to make a run at my car, there was definitely nobody in sight. Also they sent the ticket to me over a year after I allegedly drove off, so I just wrote back and said "it was over a year ago, I didn't drive away from a ticket-giver, and the reason I was there was because I was dropping off a friend, who got out of the car and then I left straight away".

Never heard back from them after that, so definitely worth writing to explain your situation.

43percentburnt · 13/06/2016 19:13

Do not contact them at the moment! Very very important! (Sorry to be abrupt).

Go onto money saving expert and read up on private parking notices (it is NOT a fine merely an invoice). Also read Pepipoo website. There is also a website which for £19 will do all your appeals etc. there are templates on MSE.

Good luck.

Balletgirlmum · 13/06/2016 19:14

Were the terms & conditions of parking available to read before you entered the car park?

Unless you are pulling up in a no stopping zone on a public road you have to be given the opportunity to read the terms & conditions before accepting or rejecting them (driving off)

43percentburnt · 13/06/2016 19:19

If the photo cannot see who is driving please get this post edited removing the name of tHe private parking people and don't post it on MSE (or who was driving). Do not tell the private parking people who was driving. Apparently the parking company's frequent forums to glean info on their 'offenders'!

Private parking companies are very differ to council/police, their code of conduct is all in their favour.

43percentburnt · 13/06/2016 19:24

Sorry I sound terribly bossy, had to write quickly as about to do children's bedtime! Once again good luck!

Original poster
ARV1981 · 13/06/2016 20:02

Thank you all xx

OP posts:
Original poster
ARV1981 · 13/06/2016 20:23

I've been advised to appeal on another forum. It's been suggested there that the company will not accept my appeal and may escalate it to debt collectors but that they don't have a leg to stand on and that it's very unlikely it'll ever go to court. I'm worried about debt collectors though as that might affect my credit rating?

OP posts:
NeedsAsockamnesty · 13/06/2016 20:29

43% it now no longer matters who was driving. The company has been allowed to pursue the keeper of the car for a few years now

monkeywithacowface · 13/06/2016 21:48

Appeal to the parking company, they will turn you down at which point you can appeal through POPLA. There's loads of advice on how to do it on the money saving expert website. I've successfully appealed through POPLA when I got a parking charge through a private company. It's not hard to do but you need to read up on what to put in your appeal to make it successfull.

Floods123 · 13/06/2016 22:32

If it's private as you say do not acknowledge or appeal. Ignore it and do not respond. Legally they can only claim loss of revenue IE 3 minutes parking fee. Ignore them despite threatening letters. They ill not go to court.

AnchorDownDeepBreath · 13/06/2016 22:37

Floods I don't believe that's true anymore. They won a court case that everyone expected them to lose, despite the fine being clearly excessive.

They do take people to court now, too. Not everyone. Probably not even a quarter, but it's something OP should be aware of to make her own decision.