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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Parking ticket in our own parking space!

100 replies

hungryhippo90 · 24/08/2018 08:04

We have been given a parking ticket in our own space,
We do have permits, but the permit must have blown out of the dashboard, I still have it but the particular day I got the ticket the permit was on the floor when I got in.

I still have the permit,

I’ve appealed, apparently POPLA have reviewed this, and the ticket still stands, despite us parking in the parking space that we are permitted to use, solely.

Yesterday we got a letter saying that payment was required immediately or the debt company that’s been handed the PCN will recommend the client refers the matter to court.

AIBU to have replied saying that I’d happily have the matter taken to court, as we can prove that we rightfully parked in our own bay, the address they sent our parking permit to, is the same they’ve sent the PCN etc to, so it’s not like we parked somewhere they shouldnt have, and the parking permit was in the car. I have documents relating to the parking space being ours.

DH is concerned it will just become a bigger debt.

Whilst I’m at it, am I being U to ask that we have the information POPLA have sent in relation to the appeal as I never received any sort of reply after sending off my letter of appeal to them.

I think it’s all a bit of a shit show, they won’t have that we don’t owe money for parking in our own space, they keep reiterating that the parking ticket is due for not showing the permit.

OP posts:

AppleKatie · 24/08/2018 08:06

Er I think they are right.

You were meant to display the ticket. You didn’t annoying but there it is.

Unless you actually own the land under the space I think you pay.

serbska · 24/08/2018 08:07

Thems the rules - you have to display a valid permit. Just pay and chalk it up to experiance.

I prefer the system in my borough - no permit to display they just scan your number plate as they come down the road!

Gillian1980 · 24/08/2018 08:09

Unless you own the land then yabu.

It’s really crap and I can see why you’re annoyed. But if a permit is required and you didn’t have it displayed, albeit accidentally, then it’s your error not theirs.

Twotailed · 24/08/2018 08:09

What are the terms and conditions? Do they say the permit has to be displayed at all times?

It depends on whether the terms and conditions say that, and whether they were brought sufficiently to your notice. Ultimately if so you will be liable to pay the fine, but if you don’t think they do or were it is worth challenging it

WeirdCatLady · 24/08/2018 08:09

I got a parking ticket for parking in a disabled bay without showing the clock part. The parking bay has a one hour limit. I was there for ten minutes. I displayed our blue badge but didn’t put the clock part up. I ended up having to pay. I am still steaming angry about it but technically I was in the wrong, as were you. I think it’s one of those things you just have to suck up.

Finfintytint · 24/08/2018 08:10

Although common sense should prevail they are probably correct and although you were entitled to park there, you were not displaying the permit. Just pay up before it escalates.

Original poster

hungryhippo90 · 24/08/2018 08:10

The parking space itself is owned, not by us, but the landlord, the bay is marked as one that we have sole use of.

Wasn’t sure whether to write that in my first post.

OP posts:

FanWithoutAGuard · 24/08/2018 08:10

They probably are right by the strict letter of the rules, but by reasonableness and common sense this is clearly ridiculous.

I take it that it was your normal car? So the person who ticketed it would have seen your car in this same space every day, and still ticketed?

This is the problem with blind quotas - they lead to people doing stupid thing to meet them, rather than actually do the job as it should be done. The purpose of the job is really to ticket people who shouldn't be parking there, and the permits are a method to determine that, but they are treating the permits as the only thing that matters. A subtle but important difference

Goodadvice1980 · 24/08/2018 08:13

OP, is this a leasehold or freehold property?

Please don’t listen to the posters saying you have to pay it etc. You need to do further research regarding the supremacy of a lease for example. I’m assuming it is a private parking company who have issued the ticket? Are they BPA members?

I would recommend joining the fbook group “fight your private parking invoice” for advice and support. The group are really good for helping with these companies; who do not always issue tickets in accordance with their own guidelines!

araiwa · 24/08/2018 08:14

Having a permit and displaying a permit are different.

If you are supposed to display it then you werent hence the ticket

wowfudge · 24/08/2018 08:14

Was the permit visible, right side up even though it was on the floor? Because I think that coupled with the fact you park there regularly and it's your space could go in your favour. It is bonkers to fine someone who has the right to park there and it smacks of sharp practice.

Original poster

hungryhippo90 · 24/08/2018 08:17

I suppose you’re all right because you’re all saying the same thing, and I don’t meant to disagree, but it’s not fair and I don’t want to!
I’m going to, but it just seems like they’re vultures.

When they were put in, a concern of residents was if we were wrongly ticketed, we were told we could have them dealt with, and here we are.

I’m just so annoyed because we’ve done nothing wrong.

OP posts:

Foxyloxy1plus1 · 24/08/2018 08:21

I think that happens in public car parks when the ticket you’ve paid for, blows off the dash and then can’t be easily seen by the warden.

Although it does seem unreasonable, I think they’re interpreting the law accurately, if not reasonably. Could you use a parking app, or do you have any documents to show you’re entitled to park there?

Buggeritimgettingup · 24/08/2018 08:21

But you did do something wrong, you didn't display your permit.

diddl · 24/08/2018 08:22

If your permit wasn't visible, is it obvious in any other way that you are allowed to park there?

Original poster

hungryhippo90 · 24/08/2018 08:22

And yep, normal car, normal space and yep, same person who patrols each day or so, it’s just annoying because my car is always there.

OP posts:

JumblieGirl · 24/08/2018 08:22

Ever since I had to pay because my parking ticket blew onto the floor of my car as I closed the door, I now blu-tac the ticket to the dashboard.
It is annoying, but the rule seems clear.

donajimena · 24/08/2018 08:22

The lesson I learned is just pay it. I had good grounds for appeal aa I parked on private land and there was (in mine and everyone elses opinion) inadequate signage. I sent maps with illustrations and photos showing empty boards where signs should be but I still lost and in between that and me preparing for round two they sent it to a legal firm. I just paid it.
If I ever make the mistake again I'll just pay up.

whatsthecomingoverthehill · 24/08/2018 08:23

These parking companies are twats. They are descended from the clampers, just using ever so slightly refined tactics. Get yourself some decent advice - see the pepipoo forums for how to approach it. It depends on how bloody minded you are, and whether you are willing to risk a judge deciding against you, so it could cost more, but not a massive amount. I would let it go all the way to court for something like this because I'm bloody minded, and could afford the couple of hundred quid if it did go against me.

At the moment it is not a debt, but a speculative invoice. Take a look at your contract - does it say that you have to display a permit for instance? (This is different to whatever signs there may be displayed, your contract should override them.) In terms of the popla appeal, I believe that you should hear directly back from them.

TheIcon · 24/08/2018 08:24

You're unreasonable for expecting the warden to memorise every car in every space in case their permit happens to be missing one day.

EdisonLightBulb · 24/08/2018 08:25

If the landlord appeals it can you get it dropped?

Parents parked in Morrisons with their disabled bade when they first got it and displayed it wrong. They got a ticket. Went to see the store manager who was lovely and sorted it out for them and got it cancelled. Morrisons used a parking monitoring agency.

Is this similar?

fruitshot · 24/08/2018 08:27

I used to live in a residents parking zone and had to have a permit.

It was displayed, but blew off when I closed the door which I didn't realise.

Also got a fine, but proved I owned a permit, and that I was parked in the correct area (backed up by the address on the ticket) and they let me off when I appealed.

Worth a shot?

Original poster

hungryhippo90 · 24/08/2018 08:27

Foxy, yes, I can send the letter that the permit was sent with, I can send them proof we live there, I can send them proof the car is insured at the address registered to the same as the permit, I can even send them a picture of the permit if they so wish.

I’ve even asked them to refer to their own records, they’ve been sending parking ticket stuff to the same address as they sent the ticket to.

Same thing happened to our neighbours, our close really captures the wind, they say theirs was sorted though.

And no, I didn’t do anything wronh. To my knowledge the ticket was in its usual space.

OP posts:

AJPTaylor · 24/08/2018 08:28

I suppose looking at the bigger picture might help?
My dmum has similar. Parking control bought on buy the residents. The benefits are they no longer have random, often untaxed cars parked in the visitors spaces. The access is kept clear. The visitor spots are policed for the 3 day rule which is fair to all. This is done at "no cost" to the residents, as long as they follow the rules.

LuluBellaBlue · 24/08/2018 08:29

Have POPLA responded directly to you yet?
It’s unclear from your post if they have or if the ticketing company have responded?

If you’ve not heard from POPLA yet do not pay!!

I’ve been through the process with a wrongly issued ticket, I received an email from the ticketing company saying POPLA found I did need to pay it, pay immediately or else blah blah.
2 hours later POPLA emailed to say I didn’t have to pay!!
I can only assume they had been notified of this, and as a last ditch attempt to claim the funds do this sort of thing - which is shocking if that’s their business policy!!

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