To appeal this parking fine? (With pics!)

[ParkingfineWhine]

DH has had this one through because he’s parked over the marked bay.

He had to get the baby out of the drivers side - when he parked there was a large car close by, so he’s gone over slightly onto the hatched area the other side.

The space next to the side in question isn’t a parent and child bay and therefore no one was obstructed or inconvenienced by his parking.

Surely the bay is the whole thing?

Would you appeal?

The private firm will reject the appeal, you’ve broken their terms and conditions. They don’t care about common sense, it’s just income for them.

once they reject the appeal you can submit and appeal to POPLA. You might win.

If you don’t win and don’t pay then yes, they may take you to court. You could then argue it in court and see if you can convince the judge that the company suffered no monetary loss and no inconvenience was caused. You’d have a good case.

But you will have a lot of stress, worry and nasty official looking letters threatening CCJs in your journey. Whether you’re up for that is up to you.

@HaveYouHeardOfARoadAtlas

"You could then argue it in court and see if you can convince the judge that the company suffered no monetary loss and no inconvenience was caused. You’d have a good case."

I take it you've never read Beavis v Parkingeye?

Well if he parks like that front ways, I dread to think what backing into the space would have looked like

I take it I’ve had over 10k worth of parking fines overturned and run a busy parking fine FB group.

parking eye, and other firms like to quote Beavis vs parking eye in their heavy handed letters. It does not mean all cases will follow the same ruling. I’ve had a number of cases heard in court for “not parking in a designated bay” and not a single one upheld. Admittedly this is one specific car park. But it can be done.

The famous Facebook group legal advice line.

I call MN bingo!

Call it what you want but I have a lot of happy colleagues so there you go. We used BargePole as a lay rep in court and won. Of course we had a fb group to coordinate information and to raise funds for court representation.

speaking of Beavis vs parking eye a quote from ParkingPrankster on that case.

Parking companies claim the ParkingEye v Beavis case is a magic silver bullet, justifying all parking charges. However this is clearly not the case; the Beavis case was only concerned with the level of charge, and there are many reasons why a charge may not be valid as well as the level of charge. In this particular claim the landowner could have sued for trespass, as per Ransome Park v Anderson, but the parking company had no right to do this.

@wotsitsorhoops not that I have to prove myself to you but screenshot of my group. You can see I have admin tools…..because it’s my group

@HaveYouHeardOfARoadAtlas

"It does not mean all cases will follow the same ruling"

Yes it does.

All lower courts must follow the precedent set by the Supreme Court.

Yes sure you do, armchair and keyboard warrior legal advisors should always be kept at arms length for every one, especially people who claim they have facebook groups to give you legal advice.

Dear oh dear. I don’t “claim” anything.

Only if the circumstances are exactly the same. They’re normally not.

😂💯%

😂

@ParkingfineWhine if you want advice about your specific ticket and chances of appeal join the Fight Your Private Parking Invoice #1 group on FB.

I suggest you actually read the ruling, and take a course in the law.

I’ll make sure I do that 👍

@VeniVidiWeeWee seeing as you know the case so well would you like to explain why Beavis got a ticket.

Oh and btw Barry is a member of my fb group. 😀

@ParkingfineWhine If you want advice I would seek reputable advice from some one who actually deals with law not some one from a random facebook group.

That's the perfect way to get screwed over.

This is correct until they take you to court which I have never heard of them doing. My H has had 2 of these and never paid. These are charges and not a fine.

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

They 100% do take people to court. I know someone with a CCJ because she ignored all letters inc ones from the actual court, thinking it was all scare tactics.

I've appealed one like this before and won, on the basis that they hadn't incurred any financial loss.

👍💪

Always, always appeal these things if on private land. Council owned is more difficult. The penalty has to be proportionate and £60 or whatever it is for parking a few inches over a line not affecting anybody is not. They also have to show they’ve suffered loss as in loss of revenue in preventing someone parking in the adjacent spaces etc. which they haven’t in this case.

They will put the reduced amount (the amount if paid in 14 days), on hold while they look at the appeal. Explain the circumstances (large vehicle over the line in the next bay etc, spice it up a bit, I like to inject a bit of humour) and ask them for proof of what loss they have incurred.