Parking ticket in our own parking space!

[hungryhippo90]

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.

^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.^

The appeals process is often laughable. They are very good at scaring people with threats of lawyers and so on. And they rely on that to extort money from people. Being passed on to a legal firm means nothing. The reality is not nearly so scary. But I don't blame anyone for not wanting to go through the faff of it all.

I realise that land owners need to be able to protect their property, but it is not in the interests of the parking companies they use to be reasonable. Their profits come from ticketing people, so they will use any means they can to do so, no matter how reasonable the person parking has been. (Including sometimes changing the date stamps on photographs.)

I think it's worth following up. I can't see a court ruling against you. Call their bluff.

It's fair that you got the ticket, but as soon as you sent proof that you own the permit, it should have been waived.

My contract states one parking space included with the house (here you buy the space as well as the property) many have two but we have 1.

The parking firm have started dealing with the area since, I’m not even sure if the landlord knows, he’s very good, leaves us to it really.

The permits etc were sent directly to us as the residents.

I have to be honest I don’t expect the warden to remember, but also can’t believe he wouldn’t recognise the same car, in the same space whenever they visit..

Cases like these have gone to court numerous times and all end the same - you need to pay. And you end up with an increased fine and court costs.

You need to display the permit. You didn't. The parking attendant did his job correctly and you need to pay it now or you will end up with a massive debt.

This happened to DH in the staff car park. His permit fell on the floor and he didn't notice.
His employer had all the details of his car and his regular compulsory payment of parking fees.
Still got a £40 fine and subsequently a ccj that cost £100 to clear because we were trying to get a mortgage.
This was NHS and they are absolute bastards over parking.

Tickets and permits blowing away are annoying and in your own space doubly so. My suggestion - get an old wooden spring-form washing peg and keep it in your glove compartment. Put ticket in peg and place peg on dashboard with the information facing outwards. Job done.

Have you tried contacting the landlord? They may be able to sort it out.

Definitely appeal it. Surprised by how many people would just pay up without writing to them to explain the situation and sending proof you're legally entitled to park there. If you're in communication with them and respond to any deadlines they include in their letters I can't see how legally they can add to the fine. If it goes to court (which it almost certainly won't) I can't see them winning.

But you did do something wrong! You didn't check it was displayed.

It's a total joke but technically they're right.

There is a company who can appeal it for you and I can't for the life of me remember who it is! They begin with a P though. They spoke about it on Britain's parking hell.
They said that something like 30% of appeals are successful

It's the same as it used to be with the old tax discs - you have to display it.

The warden won't have a list of permitted vehicles with him, won't know if you've moved away & are being cheeky etc. They'll be going solely on whether a car has a permit in the window.

I'd suggest putting a clip on your dashboard or a clear pocket on the windscreen so the ticket doesn't blow away again.

Cases like these have gone to court numerous times and all end the same - you need to pay. And you end up with an increased fine and court costs.

That is simply not true. Many of the cases have been found in favour of the car owner. But you do need to put together a robust defence.

OP, does your contract with the landlord state that you have to display a ticket to use your parking space?

Can you prove that you were parked in your bay?

Nope, it doesn’t say I need to display a ticket at all.

I’m between minds now.

And yes, can prove it was our bay. Their own pictures show us parked in bay 18, which is the one registered to us.

Well then, that should be relatively simple shouldn't it? You have a contract to park in the space and the contract does not require you to display a permit. It doesn't matter what signs they put up around the car park, they cannot overrule your contract with the landlord.

Please go to the pepipoo or money saving expert forums to ask for advice on how to approach it. They deal with these things all the time.

I think he was right to issue the ticket because you weren't displaying the permit, but surely common sense and decency should have prevailed once you were able to prove your right to park there.

I hate these companies and their scaremongering tactics. Imagine working for a company where your job is to intimidate and scare people into paying up before the debt doubles!

I should definitely investigate the Facebook group and support groups pp have recommended and fight it for as long as possible.

Technically, you've parked without displaying your permit, therefore the fine is legal. Morally, you'd like to think that the company would see sense in the face of the evidence and cancel the fine. However, they've already refused.
I'd pay the fine as I wouldn't want to take the risk of it going to court and having to pay more, or worse still, getting a debt on my credit score.
I once bought a ticket in the town centre for on street parking and it blew off as I closed the door, so I got a fine off the council. I wrote in immediately explaining my case, and the fine was cancelled.
My DH got a council fine too for parking in a loading bay when picking up a heavy item. He too wrote in with the receipt from the shop showing the item and time of purchase, his fine was also cancelled by the same council.

Appeal it.

You do not get a debt on your credit score by going to court. This is another thing they try and scare you with. You only get a mark on your credit if you lose and don't pay the court fine.

Depending on the development, it might also be worth a call to the Managing agents who are responsible for the managment of the parking contract on the development. In the ones I am involved with, they can usually sort it out- although I know they did not try very hard when the tenant ranted at them for 10 minutes with plenty of swearing.

but it’s not fair and I don’t want to!

You have been ticketed for not displaying your permit which is wholly your responsibility. It is wholly your responsibility to ensure it is correctly displayed each time you leave your car parked there. The warden will be checking 100's of spaces every day and cannot be expected to remember your car.

Everything else is irrelevant and it is entirely fair you were ticketed due to you not fulfilling your responsibility to display your permit correctly. Ticketing you will have incurred a cost which you should be responsible for, I would hope if you took it to court they would drop at least some of the ticket costs. Personally, I couldn't be bothered with compiling a defence and would take responsibility for my own actions, pay the ticket and be more careful displaying my permit in the future.

DH’s parking ticket blew over on the dashboard as he shut the door when he was in a pay and display. They threatened to take to court, DH went to court and won - didn’t have to pay. Seems like other people haven’t had the same outcome though

A parking charge notice is very different from a parking penalty notice.

A private company's ticket is little more than an invoice.

It's not worth the paper it's written on.

Does the photo show the permit isn't displayed?