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.

@jakeyboy1 I missed your message, sorry. That is a ver y good idea. I will follow it up. I feel much more positibe.

Thanks for all the kind words. DH has a lot fo MH problems and I have always been his 'rock', he is not able to adjust to a new normal.

Your husband resenting you're illness is very cruel of him. He should've been helping you with this

Id go to the CAB office and tell them everything and see if they can help if you don't get anywhere

I doubt very much that it has gone to court

What about the official court judgement the OP has posted pictures of (twice !!) led you to that conclusion ?

My DP is currently defending himself against a CCJ for stopping for less than 30 seconds at an airport.

This article may help you with your defence OP.

Hope your feeling better soon

Oops link fail, I’ll try again
www.lincolnshirelive.co.uk/news/local-news/been-fined-private-parking-company-3718188

Honestly? I say tell your DH to pay the bill that's his fault! If it's paid ASAP it probably won't even go on your credit report, or if it does the report will also say that it was paid promptly.

If you didn't receive the summons then the court should set aside the CCJ. The parking enforcement company can still get a new court summons sent though.

Depending on the type of charge either the driver or the keeper can be liable. For a parking charge from a private company, since you have provided the driver's details the driver (DH) and not the keeper (you) should be the one responsible. Same for a Fixed Penalty Notice from the police. But a Penalty Charge Notice from the council falls on the keeper even if they weren't driving (unless the car was stolen).

But considering your illness and DH's mental health problems, I'd say the last thing you need now is a court case over less than £300.

With regards to the CCJ if you did not receive the original claim form you need to go to your local magistrates court and make a statutory declaration to say that. The court will then sign a form to say this and the claim form should be re-issued to you. Then fight the claim itself with evidence (hospital admission papers etc). You must make that declaration as a matter of urgency though.