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.

Yep. It is owned by a bloke who has his business address as his house and used to manage a pub. He set up this company as obviously it makes money and he has no shame in appointing a solicitor straight away. My whole family is in law and we couldn't escape it, we paid up when the CCJ went on my file as we were in the process of getting a mortgage. He's a twat.
I do hope you fight it though, bring him down!

Utterly--it's understandable that you were distracted by other things happening in your life. The advice above on groups that help with private parking companies is good.
It sounds like you believe you do have a real county court judgement (I can't see a diagram). If you post everything on pepipoo (cover / blank out your name and address) in sure someone there will help. I think the main thing now is to deal with it as soon as you can, but try not to worry too much. Yes in hindsight you had other options. For various reasons you are where you are, and must deal with this situation as it stands. No point in wishing it were different.

Regarding your marriage, I am really sad to hear about that. Just remember that :
You were ill
You weren't driving
Your husband could have dealt with this immediately, by paying our looking into it further etc
None of this is your fault

Can the people who can't see it see it here?

Hi Op - have you been back to the scene of the incident?? are there signs up that say that you can't stop and that if you do you will be fined??

Also you have a right to challenge the fine and they can't just ignore you and then take you to court - it just doesn't work like that!

I would let it go to court and fight your case - make sure you have all your evidence (recorded delivery info of the letters you sent) go to the scene of the incident and take photos.

These companies are just awful.

I feel like everything is my fault and I feel so confused atm.
Sorry for being morose. My brain isn't working properly, everyone is so angry and frustrated with me, I am losing things and gettign everything wrong and now I am £261 in debt and can't pay it. I just feel despair. I am sorry for being liek this. Thank you everyone.

Thank you @OnTheEdgeOfTheNight

I dont see any of the pictures

I've just done a quick Google search and you're not alone.
Here's an example of someone who received a ccj without knowing (they'd changed address). The thread is from 2017. Some of the info might be relevant. Posting your own thread there or in money saving expert may be helpful.

forums.pepipoo.com/lofiversion/index.php/t116810.html

Op, I can see the pictures but do you have one of the initial letter to you please. I recently won a case like this against a private parking company at the local hospital.

This sounds so unfair and stressful. Don't be hard on yourself - these companies are intentionally misleading and sneaky in order to get people confused. I hope you find a resolution

You have 30 days to pay without it showing on your credit file; not 14

Don't pay it. Doesn't sound enforceable. My sister got one and ignored it. The letters stop once they realise you aren't going to pay. They don't waste money on court as it's not enforceable

Read the thread. They've already gone to court and there's a judgement against her!

It's not your fault. It's your husband's fault for getting the fine in the first place, and he should have sorted it out for you rather than left you to deal with it, especially when it's not even your fine

It seems so cruel doesn't it? The sums seem so high for "offenses" that in reality inconvenienced or endanged nobody.

Sadly if a CCJ has been issues your options are pretty limited.

If you didn’t get the county court claim form you can apply to have the judgement set aside based on not being given the opportunity to defend yourselves - but only if you didn’t receive a claim form. If you are on a low income you may qualify for fee remission as it’s expensive at £255.

Have a look on Facebook for a group called Bailiffs, Debts and Bills and they can help x

Go to court.

Show them you were in hospital.

Show copies of each recorded letter and your attempt to resolve.

Say the fine should have been issued to DH at the lower price after they were informed. State the company have not made any attempt to resolve the situation.

State you cannot be fined for a civil or criminal offence if you aren't actually guilty!

Can't help re the fine but please see CAB and then make steps to free yourself of your uncaring husband. In sickness and in health was clearly not a vow he meant.

The situation - though unfortunate - is quite straightforward I am afraid.

The case went to court and - because you did not attend - there was a judgment made against you. The facts are not considered.

You may - if you contend that you did not know of the hearing - apply to the court to have the judgement set aside and go for a fresh hearing. You will have to attend the hearing to have it set aside and if you are successful the rehearing of the facts. The fact that you were "just 4 minutes" will not be of much interest.

However the bar is quite high! Anyone can say [and many do] that they did not get the warnings and hearing notices. Unless you have changed address or there is a flaw in the address to which the documents should be sent then on "the balance of probabilities" the court is likely to find that you were served correctly.

It is probably always best - with hindsight - to pay what is asked when it is at a minimum and argue later. Despite a feeling to the contrary and whatever the claimant says you can do so even if you have paid.

@utterlypissedoff

OP. I'm sorry this happened.

In your shoes I would speak to a solicitor urgently. They can help you get it sorted out.

It is probably always best - with hindsight - to pay what is asked when it is at a minimum and argue later

But do you get the money back then? I wouldn't bet on it, although you're right. I guess the OP thought having sent several registered letters that something would be done in her favour.

t is probably always best - with hindsight - to pay what is asked when it is at a minimum and argue later.

It's definitely NOT best to do that when accused of something you haven't done!

@CarolinaPinkj

Trouble is her husband did do it, tell him if he’d paid when you realised it was him driving he wouldn’t be in this mess now

To be fair dos it matter who the driver is as long as the fine was paid? you have spent all this time fannying about and its going up for what?

@utterlypissedoff

So sorry you're going through such a stressful time.

I have been in your position. Ring up the number on your latest letter (the one that says How to Pay by Phone) and tell the that you want to pay this in instalments.

I have done this in the past. My repayment schedule was accepted.

It's shit that you have to pay all this money but doing it gradually would obviously be easier for you.