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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Advice on a parking ticket

8 replies

Dollygirl2008 · 26/02/2018 09:30

Firstly, I know I'm at fault, but a bit of background...

I had to take my mothers car to a doctors appointment for my daughter. Their car park has one of these parking enforcement schemes, so you have to register your reg number at the doctors surgery. Stupidly, in the furor of my daughter throwing up, I entered MY reg number instead of my mothers car....

So now I have £100 pound fine from a company called Civil Enforcement based in Liverpool. The letter looks dodgy although I'm sure it's not.... I'd be quite happy to argue the toss with them, but because it's all in my mothers name, these things tend to worry her as she's 79...

Any advice?!

OP posts:
reallybadidea · 26/02/2018 09:32

Speak to your doctors surgery, they may well be able to cancel the fine.

scurryfunge · 26/02/2018 09:32

Will the surgery provide proof that you were attending the appointment? if so, there may be grounds for appeal.

ADayGivingMeHope · 26/02/2018 09:35

Check the money saving expert website - loads of advice about parking tickets there.

shallichangemyname · 26/02/2018 15:44

forums.moneysavingexpert.com/forumdisplay.php?f=163&order=desc&page=2

This is the best place you will find advice. I post there regularly as "Loadsofchildren123". Don't look at the MSE site, which contains the wrong advice, but at the private parking tickets forum (that's the link I've put above).

First port of call is to try to get the surgery to deal with it. You were a genuine visitor and complied with the t&cs in every respect apart from this genuine and understandable mistake.

The surgery may just tell you their hands are tied. Don't take no for an answer, make a formal complaint via the practice manager and speak to your GP.

CEL's MO is to chase and chase you, to issue proceedings, and then to withdraw once you put up a good fight. This is different to other private parking companies who fight all the way, even when they don't have a case, because the small number of cases that fight are just loss leaders. At least CEL bows out when it can see it's going to court. So this is good news for you.

But this of course means that you have to educate yourself about how to approach the matter at every stage.

If the PPC does not know who the driver is, be careful not to identify who the driver was and talk in the third person about "the keeper" and "the driver". If CEL cannot identify the driver (which they can't) then they have to jump through various hoops to make you liable as keeper. If they fall at this hurdle, it's job done if they can't prove who the driver was. All of this makes it a bit tricky when you are dealing with the surgery, but just keep referring to these parties in the third person.

You have a time limit to appeal directly to CEL (again appeal as keeper and describe the driver in the third person). CEL will reject your appeal, but they will give you a POPLA code (this is a supposedly independent appeal). You then do a 2nd appeal to POPLA. You may not win at POPLA if you entered the wrong reg. POPLA apply a reverse burden of proof where it's up to you to prove a defence, rather than the parking company to prove its case. Again, don't be disheartened by a POPLA loss, you are just jumping through all the hoops. The MSE forum guides you through the process and what to say in an appeal.

If you don't win at POPLA then you have to wait for a claim then defend it. The claim is based on you having entered into a contract by parking in the carpark, the terms of which are set out on the signs, and breaching those terms by entering the wrong reg/failing to display a valid ticket. So the signs have to be prominently displayed, with clear wording capable of forming a contract.

Did you pay? If so, the wrong reg may be treated by a judge as a human error that doesn't amount to a fundamental breach of the contract (you complied in every other way), and you argue that the breach was "de minimis" and the case should be thrown out - so this needs to be pointed out to CEL as soon as you can.

Go onto the MSE forum and start a thread, you'll get lots of good advice and help. But you will be asked to read the step by step guides in the "Newbies" thread, and to educate yourself. The more willing you show in that regard, the more help you'll get.

CopenhagenMaiden · 26/02/2018 15:48

It’s nothing to do with the surgery.

I’d probably speak to the parking company directly and explain the situation and if they still won’t waive the charge then in all honesty I’d pay up.

You used to be able to ignore them but I know from experience that you can’t anymore. It got to the point where I had to have mediation sessions with the court. It’s not worth and time and hassle and potential further cost.

Is there not a reduced cost on the £100 anyway if you pay within 2 weeks?

Piffyonarockbun · 26/02/2018 15:55

I had this situation with parking eye at a hospital. In the confusion i put the wrong reg in when i paid. I rang them the next day and they confirmed that i had paid for my other car and they could see the other car hadnt been in the car park. They just told me to wait for the fine and ring them back. When the fine arrived i rang them and they waived the fine. No issues and no messing about. Im not a fan of these companies at all but must admit they were completely fine about it.

shallichangemyname · 26/02/2018 16:11

Copenhagen yes it is. The GP has contracted with the parking company, who are acting as its agents. The parking controls are meant to stop other people using the surgery carpark, not to punish genuine users who make human errors. These tickets can often be cancelled by the landowner, so this is always the first port of call.

You are right that they can't be ignored.

OP you won't get better advice than on the MSE forum I linked to. Don't pay, you can defend this, especially as it's CEL. However, defending does take quite a bit of work and commitment and some people do choose to pay up.
The private parking industry is a scam, and has recently been discussed in parliament and a new Bill has had its second reading which is aimed at properly regulating the industry which targets the weak and vulnerable with threats of CCJs and the like. Please before you decide to pay up have a little delve onto the MSE forum.

PoofShazam · 26/02/2018 16:30

I once had an identical situation on a hotel car park, the hotel contacted the parking company and instructed them to cancel the fine.

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