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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To pay an unfair parking charge.

28 replies

Threefaries · 01/06/2018 16:05

My husband received a parking charge at a private unmanned car park. The reason given was an overstay. My husband bought a ticket for four hours. The vehicle registration number is entered at the machine when obtaining a ticket. We decided to stay longer so another ticket was purchased prior to the first one expiring. The car park terms and conditions allow for extra ticket purchases during a stay. We left in good time before the second ticket expired.

The vehicle was photographed on entry to the private road leading to the car park and the time of arrival was logged at this point. The vehicle is also photographed at point of exit. There were two other vehicles with our party and they have both received charges for not purchasing tickets within a ten minutes timeframe. This is despite them purchasing tickets within ten minutes of parking up.

Some reading has shown that this car park has a reputation and thousands of motorists have received charges.

www.google.co.uk/amp/s/www.devonlive.com/news/devon-news/call-drivers-boycott-devon-beach-678516.amp

My husband thinks that we should just pay the fine despite fully paying for the time spent at the car park. He thinks that too much energy will be wasted with challenging it. He’s worried about extra costs too. It seems unfair and I don’t like the idea of this company gaining when we have done nothing wrong.

OP posts:
KlutzyDraconequus · 01/06/2018 16:10

He thinks that too much energy will be wasted with challenging it. He’s worried about extra costs too.

this is what the companies want you to feel like. I'd contest it and send them.evidemce.if you have it. if you don't have it, then you'll struggle.

Original poster
Threefaries · 01/06/2018 16:12

Hi KlutzyDraconequus, thanks for responding. The tickets are logged so there will be a record.

OP posts:
TestingTestingWonTooFree · 01/06/2018 16:13

I’d read up on them but probably just ignore it. They can take you to court but you will be able to demonstrate that you paid. I tried challenging an unfair charge once and they didn’t withdraw it but went away when it had got to £150. Rules have changed since then though.

TheQueef · 01/06/2018 16:16

It's true they rely on cba or people being daunted enough to pay.

Do you fancy handling it? If you've the time and stomach for it challenge.

KlutzyDraconequus · 01/06/2018 16:18

the tickets are logged with the same.company that's saying you over stayed I assume?

I wouldn't rely on the company that's prosecuting you to provide evidence for your defence.

DGRossetti · 01/06/2018 16:19

A good place to ask is here:

forums.pepipoo.com/index.php?

Once little thing to watch is that they could be breaking data protection laws if the sell your debt to a collection agency.

OldHag1 · 01/06/2018 16:20

Look on Money Saving Expert for advice, they previously advised to ignore private parking charges and it would go away eventually - I have done this on the two occasions I have received tickets and never had to pay.

blackteasplease · 01/06/2018 16:21

I challenged a Lidl one once and exh had overstayed. Ds was asleep in the car and he let him have a snooze before doing the shopping. The challenge was successful too.

TheQueef · 01/06/2018 16:21

I've recently watched the BBC three program about the lad who took his life over bus lane charges so I may be sensitive, don't bugger about with them if you don't fancy it.

Original poster
Threefaries · 01/06/2018 16:22

I believe so KlutzyDraconequus. Surely there would be a trace of tampering if they did this?
TheQueef, I do but it would bother my husband.

OP posts:
GlitterBurps · 01/06/2018 16:24

Hi OP have you still got the tickets? If you have take a picture of them to use as evidence. Look on moneysavingexpert website, I successfully challenged a ticket using their advice.

GlitterBurps · 01/06/2018 16:25

Oldhag1 beat me to it Grin

senioritabonita · 01/06/2018 16:28

If it's a private car park then I would not pay it - they have little power other than threats.

A council one I have learned the hard way to pay. I was charged when they couldn't see my ticket due to snow (which hadn't been there when I placed the ticket). Appeal rejected, went to court, I won and it was thrown out. Bu the council then wrote to me again stating it was a fine on my address now, not a parking charge. They threatened a CCJ if I didn't pay and I wouldn't have been able to appeal - so I had to pay it.

savagebaggagemaster · 01/06/2018 16:30

Senorita how can they put a fine on your address?!

blackteasplease · 01/06/2018 16:32

They can't just give you a CCJ though. they'd have to take to the county court - thats what a ccj is, a county court judgment.

Also what on earth is a fine on your address?

KlutzyDraconequus · 01/06/2018 16:34

well I'd be suspicious that the tickets are supposedly.on their system so they can actually see them.already and yet they've still.processed.a fine.

have you called them and asked them too look in their records for your extension ticket.payment?

DGRossetti · 01/06/2018 16:36

If it's a private car park then I would not pay it - they have little power other than threats

and court action. And balliffs.

Spectacularly bad advice post Beavis ...

notacooldad · 01/06/2018 16:42

My son got got a fine on private land and ignored it.
He ( and many others) ignored letters. He ended up with a CCJ against his name. Long story short a committee was set up and councillors involved. The CCJ has now been taken off his file after a court case abiut 3 weeks ago.
I would advice that you be cautious with these firms and take proper advice before deciding how to play it.

notacooldad · 01/06/2018 16:46

Just to add son did get a court letter but it looked like a spoof. Very thin paper. He thought it wad the company trying it on.
D's was 17 at the time and learned the hard way.
Incidentally he was parked on private land outside a shop that hadn't been in use for 3 years. Local people parked there as an extra space to go to Spar next door so when tickets got issued out of the blue no one saw it coming.

KitKat1985 · 01/06/2018 17:10

I think in the first instance you need to try and appeal the fine. Have you still got the tickets as evidence that the parking was paid for? How much is the fine out of interest?

Outside of that, tread cautiously. There has been some bad advice floating around recently that private parking firms don't have any powers to enforce fines. This is true when the debt is with the parking company itself BUT they can pass those fine/s on to a debt collection agency or similar that can enforce them (which would also involve additional admin and surcharges that you will be liable for). You can also end up with a CCJ if you don't pay those fines once enforceable. There have been a number of recent cases of people accumulating multiple fines in private car parks who don't pay them because they think the parking company can't enforce them, only to get a nasty shock when they find the parking company has 'sold' the debt onto an enforcement firm who can and they end up with baliffs outside their door or similar (there have been a few cases recently on 'If you can't pay we'll take it away').

More often than not however the parking company will however decide the costs / effort involved aren't worth it if the fine is small and eventually drop it without passing it onto debt collectors, but I would advise proceeding with caution.

DGRossetti · 01/06/2018 17:22

I think in the first instance you need to try and appeal the fine.

Advice on the forum I linked to, is not to engage - nor admit anywhere that you were the driver. As soon as you "appeal" you have done the work of confirming the car and driver for them.

notacooldad · 01/06/2018 17:28

Advice on the forum I linked to, is not to engage - nor admit anywhere that you were the driver. As soon as you "appeal" you have done the work of confirming the car and driver for them
Be carry. D's didn't engage and got took to court as I said earlier.
Another myth that goes round us that only council parking is enforceable. It's Not.
Ok be careful how of how you decide to act.

DGRossetti · 01/06/2018 17:35

Be careful. DS didn't engage and got took to court as I said earlier.

True - care is needed, so it's best to get advice from people who have experience.

I found that forum after helping a neighbour ... once you sign up there's a list of companies that enforce private parking charges. The firm that issued neighbours ticket was listed as "known to send threatening letters, but has never been seen in a court."

Not engaging means they have to write to the DVLA for the RKs details, which they will then use to send a scary letter to the RK. However it's the driver that's liable (hence the advice to not identify them). Maintaining silence also means that should they try and sell the "debt" on, they have to break data protection law, as they are not allowed to pass on the details they got from the DVLA. (Although we are waiting for a precedent here. Which is why they don't attend court.).

I'm not saying this is the OPs situation. But it was the advice (and discussion) from legal professionals.

Bombardier25966 · 01/06/2018 17:37

Advice on the forum I linked to, is not to engage - nor admit anywhere that you were the driver. As soon as you "appeal" you have done the work of confirming the car and driver for them.

That's not pepipoo or MSE advice. You can appeal without acknowledging you were the driver.

OP please go to one of the other forums where experts can help. Following some of the advice on here could be costly.

IsabelleSE19 · 01/06/2018 17:39

If it's a private car park then I would not pay it - they have little power other than threats

and court action. And balliffs.

Spectacularly bad advice post Beavis ...

But surely the court action and bailiffs would only be in a case where the OP was in the wrong? Which by the sound of it they are definitely not?

I know MPs in the West Country have had parliamentary committee meetings about greedy private parking companies scaring off the tourists. OP, if you are in the right, write to the parking company (not acknowledging who is the driver) and also to your MP so there is a paper trail. Why should you pay a fine when you paid for parking legitimately?

Our car was also involved in a dispute with a private parking company - about 18 months later they seem to have given up touch wood If you stand up for yourself then it can be more trouble than it's worth to pursue you. Agree with PPs to check out Money Saving Expert or pepipoo websites - very knowledgable people there