Ticketed for stopping - I was not driving - AIBU to think I shouldn't be paying?!

[utterlypissedoff]

Please help me, I am desperate for some honest advice.

In August I received a ticket for stopping for 4 minutes in a no stopping zone on a Sunday. I was in hospital when the ticket was issued and 4 people were insured on my car to help with DC and logistics.

I wrote to the parking company and said I was not the driver and I would write asap when I knew who was. I wrote back a week later identifying DH as the driver and giving them his details. They contacted me again demanding an increased payment. DH wrote and said he was the driver and offered to settle, he also told them I was back in hosp and repeated that I not the driver.

They wrote again demanding another increase, I wrote again asking for the original fine to be issue to DH (and obviously wishing I'd just paid the first one).

I have now received a letter saying it has gone to court - I had no idea - and it is a huge £270 bill. If I don't pay there will be bailiffs coming to my home.

I don't understand why I am responsible for the charge when we have sent 4 recorded delivery letters. I thought it was very important to be honest about who was driving as you must be on speeding tickets etc but this seems to have been a mistake. If I'd paid the original £120 I wouldn't be threatened with baliffs now.

I am utterly confused what to do. I think I will be diagnosed with MS next week, all investigations are pointing to it. I am depressed, utterly penniless after so much time off work and now can't stop shaking and worrying about baliffs.

I rung the number on the letter 3 times but it took over 20 mins to get thru each time and then someone just shouted 'hello, hello' then hung up.

WIBU not to pay the first fine when I was not the driver?
AIBU to expect them to issue the original fine when they know the driver?

I feel like I am being extorted and cannot understand how this is legal. Please advise on what I should do if you have any ideas. And if I have been an idiot and caused all this problem myself please go easy on me. Thank you.

OP find the name of the Court on the letter and either post it on this thread so someone can post the actual Court telephone number.

@PinkiOcelot no not at all - I appreciate that what you say is right. I remember worrying I would be like that MPs wife and being really insistent DH write to them. FGS I have messed so many things up in the last 6 months :(

The whole thing sounds deeply dodgy. That is not what happens when you call a court, and a court hearing would not happen in your absence. Can you post a photo of the ‘judgment’ with personal details redacted?

If its a private company you dont have to name the driver

What is the full name of the company? I can't find who EOS is.. But it sounds like the same company who gave my husband a fine in spinningfields for stopping for a few minutes. We ignored it at the time as that was the advice but they someone ended up getting a CCJ on my credit record and a country court judgement. I had to pay £250 in the end for nothing!! It was appalling and so stressful.

Here is the judgement

Have a look at these:

www.moneysavingexpert.com/reclaim/private-parking-tickets/

forums.moneysavingexpert.com/forumdisplay.php?f=163

Sadly a court hearing will go ahead in your absence. I found out the hard way. Same thing. Parking ticket. This was my fault though. The way this has been handled is outrageous.

It is the right phone number. I called yesterday and was cut off before anyone spoke and twice this morning - first time someone answered and shouted 'hello' a if they couldn't hear me and then hung up, second time just hung up.

Has this been through popla at all? Please post the original payment demand if you can. I got done for something similar in hospital and won my appeal.

This is my fault, I know, but it seems diproportionate. I have always had a perfect credit score, no debt expect my mortgage and never had any fines or anything like this before.

Sorry I do not know why the judgement isn't showing.

OP - companies who run private parking schemes like this have no conscience and are not interested in the fact that your DH was driving, nor the fact that you have been in hospital.

These facts do not stop the computers printing out all the letters you've received.

If you have failed to pay at any stage of the process they can take you to court.

They already have taken you to court. They can obtain a CCJ without you having been at the court.

It would be best just to pay them now.

I googled that number it is the courts number.

Can you go in to the court to speak to someone in person.

Is there a reason your DH didn’t just call them and make payment as soon as you received the fine?

You really do not have to be at a court hearing for it to proceed in your absence.

If you read the small print you will see that legally they are in the right.

Morally, of course, they stink. But to avoid the bailiffs coming I would just chalk this up to experience and pay them.

It's ES parking, sorry.

I don't have the means to pay at the moment.

DH didn't pay because I thought he had to get a new fine in his name like a speeding fine. It's my fault, I know. We are not at a good place at the moment as he resents me for being unwell. I cannot cope with his hostility as he is very angry there is now a court judgement. I think we will not survive my diagnosis. Sorry, that is unnecessary details.

@HisBetterHalf

If its a private company you dont have to name the driver

In England and Wales, no, you don't have to name the driver, but as the registered keeper of the vehicle, the liability falls to you if the 'driver' doesn't pay. In Scotland though, there is no keeper liability. And the advice of ignoring private parking companies is now old hat and very wrong. They can and will go to court - ignoring PPC invoices will leave then with up to 6 years to chase you and possibly leave you with a CCJ.

OP, if you can try to upload a copy of the last letter you received (covering personal details but leaving dates and times showing), I'll try to advise.

^ that is for @Urkiddingright

Thank you so much @Shmithecat2
I am not sure why the judgement isn't showing I posted it up thread. I don't think I have missed any letters - I have replied to everything recorded delivery.

So he got a parking fine in your car while you were in hospital and is now cross with you for not paying it? Wow

@utterlypissedoff you can message me the letter if that helps?

That is a CCJ letter. Did you get the initial claim form? You can get this set aside but there's a fee of about £255 I think... I'm not sure it'd be worth it but it'd give you the chance to defend the claim.

Otherwise you only get 14 days after the CCJ is granted to pay in full, or it will be on your credit file got six years. Can DH pay this today,

@shmithecat2 the letter is the court letter sent after you fail to respond to a CCJ claim. Usual format. Dated 2nd January. It's a few posts above yours, but maybe those details help if you can't see it!