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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Got a parking ticket when ticket machine out of order!

17 replies

BigMomma3 · 03/12/2009 09:36

Just want to check that I am not BU before i send a very nasty letter to parking company c/o Dick Turpin, Highway Robber!

Last Friday, my GP sent me straight to the hospital because I was having stomach pains in early pregnancy. I drove there and found a space in one of the carparks (there are several) after about half an hour because it was packed as usual. The ticket machine was not working (I am presuming it needed emptying) and I would have had to walk up into the next carpark to go to another machine which would have been a couple of minutes walk. As the machine was out of order, I did not think I would get a ticket and as I was sent to the hospital as an emergency, I did not really bother about it. When I came back, the ticket machine was working.

AIBU to appeal this. The fine is 60 quid (40 if paid within 7 days - by tomorrow). The parking tickets are 2.00 for 2 hours, 3.00 for 3 hours etc, which I think is absolutely outrageous!! I was in there for 3 and a half hours the first time and 2 hours the next (had to return for a scan after picking DCs up from school). That time I did buy a ticket.

OP posts:
SleightiesChick · 03/12/2009 09:41

I totally sympathise but the regulations do usually say that if a machine's out of order you're supposed to get a ticket from another one. So if they want they have you over a barrel. I'd try appealing though and see I they have a heart as it's Christmas. Just cheeck whether you can appeal and wait to pay or whether you have to pay it anyway to stop it going to £60, but can then appeal in the hope of getting a refund.

fernie3 · 03/12/2009 09:41

YANBU if it wasnt working and you were unwell its unreasonable to expect you to walk out of the way to find a machine that is working.

Brunettelady · 03/12/2009 09:48

Unfortuately Sleighties is right. If the machine isn't working you are suppose to find another one. Obviously they wouldn't have known about your situation etc. You can try appealing and they usually keep your ticket at the lower price until they have decided on the outcome, but as that goes up tomorrow you may want to get a letter down and hand deliver it, otherwise you could have to pay the larger fine if the appeal is not successful.

RenderedSpeechless · 03/12/2009 09:57

im sorry to read that you got a ticket. particularly in the circs you outline. SC is right in that you are supposed to use another machine if the label states so in its 'conditions of use'. but this wording can be quite small and lets face it, who has the time to read this information, which can be the length of a short essay - particularly when visiting a hospital under emergency circs. BUT the 'use another machine' condition only applies if the nearest machine is within a reasonable distance. unfortunately the council can interpret 'reasonable' however narrowly or widely they see fit.

id suggest you call the number on the ticket and find out your options. some councils consider payment of a charge as admission of liability and may not consider any parralel challenge. if you intend to challenge the ticket, im sure there are mnetters (incl myself) that may be willing to guide you.

the council will certainly have records to confirm when the ticket machine was repaired or coin box emptied. though that info may not help you if they consider that the next nearest ticket machine was close enough for you to have obtained a ticket from. hth

ginnybag · 03/12/2009 10:00

I think they're being unreasonable with those parking fines! It's a hospital fgs!

Contact your GP and ask them for a note stating that you were sent as an emergency, then send a copy of that with a letter explaining the circumstances to the hospital. Spell out very clearly that you do normally pay for parking (and did so the follwoing day as proof) but this time, given that you were unwell, pregnant and had been urgently referred, you did not feel it appropriate to tramp all over the damned hospital grounds trying to find a working machine.

Hopefully they will waive the charges.

If not, send another letter saying that you would like to excercise your right to appeal in person and ask that they provide you wth copies of the machines maintenance log etc to prove that they are doing their utmost to keep all the machines in order. Also complain to your local PAL's group and the PCT and start asking a) why there isn't more readily available emergency parking provided at the hospital for just such situations and b) why they think these are reasonable parking fines in an area where many people genuinely have to park in unexpected emergencies.

My local hospital have recently changed their fines. Their fine for a first offence is £5 - the cost of a whole days parking. £10 for a second and then only starts getting silly. This is because they clearly understand that there are times you have to be at hospital but won't necessarily have the time or the presence of mind (or the spare change!) to care about a paking ticket.

You could make a case that their current levies amount to profiteering from other people's misfortune, and could actually endanger people by delaying their access to urgent medical attention by asking them to walk to find a working machine in order not to face a fine they can't pay.

T'would make an interesting story for the local press on a slow news day, methinks...

susiey · 03/12/2009 10:07

did you put a note in your cars windscreen stating that when you arrived the machine was not working? I know in London that if the machine is not working and you can't pay you do that?
I understand you were worried and think they will will probably hear your case but I wonder how many appeals they here a year due to the nature of the hospital

theyoungvisiter · 03/12/2009 10:16

By all means appeal it - as others have said you are probably technically in the wrong (there's usually fine print saying you are not allowed to park if the machine is out of order or must obtain a ticket from an alternative machine) but that doesn't necessarily prevent them from rescinding the ticket as a goodwill gesture.

But I wouldn't write a "very nasty letter" - it won't make the person in charge of reading the letters any more inclined ot help you. Much better to write calmly and politely outlining that you did try to buy a ticket and mentioning the emergency circs.

Also before you pay, do check what happens with regard to the £40 early payment period when you appeal. With council parking tickets, if you appeal the clock is effectively stopped from the moment you appeal until you get a decision, so you can't be penalised for appealing. If they refuse your appeal then the clock starts again. If you appeal within the 7 days that should mean that even if they refuse your appeal, you still need only pay £40.

But as I say do check - they may have different rules to the council if it's a private company.

ginnybag · 03/12/2009 12:11

No, by all means, don't be nasty.

There's a difference between 'nasty' and 'firm'. There's even a difference between 'nasty' and 'icily and politely telling someone to go jump'.

Being generally bitchy will get you nowhere. Being firm, slightly apologetic but 'but why is this the situation?' might.

Apologies if that didn't come across right.

Blondeshavemorefun · 03/12/2009 12:20

unfort they have you over a barrel - their machine wasnt working, but others were

def worth appealing and outline what happened

prob with hospitals if that you dont know how long you are going to be there, so you either over pay, or do 1/2hrs and panic that your appointment is going to be delayed etc and you get a ticket

i much prefer the system we have at one of our local hospitals, you pay when you leave - like at parking at gatwick

much easier and less stressful

theyoungvisiter · 03/12/2009 12:25

oh ginny I wasn't referring to your post, but to Bigmomma's original post where she said she wanted to write "a very nasty letter to parking company c/o Dick Turpin, Highway Robber!"

I thought your advice was spot on.

And bigmomma, I totally sympathise with your desire to send off a scorcher! In the past I have occasionally resorted to writing the letter I wanted to write first, and then tearing it up and re-writing the letter I knew would be more likely to get a result .

My own tale of woe (which still leaves me steaming 2 years on) DH was fined £120 while picking me up from hospital after giving birth. He paid a parking meter but accidentally parked outside the box covered by the meter - the signing was quite ambiguous and didn't really flag up the fact that only some bays were P&D and others were residents only. He was only 15 minutes, was ticketed 5 minutes after leaving the car, and clamped 10 minutes after that. £60 for the ticket, another £60 for the clamp.

Boo hiss... but at least he was only 15 mins. When he turned up the tow truck was already coming down the road which would have been another £100!

ginnybag · 03/12/2009 12:36

Lol,

theyoungvisitor. I've gotten into the habit of being very cautious on forums, because it's so easy for things to be mistinterpreted. I'd rather apologise and clarify than risk something getting off track cause of a row. Bit wimpy of me, I know!

at your story. Who the hell decided hospital car parks should be chargeable anyway. T'is bloody daft!

Liking the idea of pay as you leave... far more sensible idea.

theyoungvisiter · 03/12/2009 12:44

"Who the hell decided hospital car parks should be chargeable anyway. T'is bloody daft!"

Well I suppose the problem is that for city hospitals if they aren't charged then selfish twats shoppers etc would just use them as free parking. There's no way of knowing whether a car belongs to a patient or not.

Also city centre hospitals tend to have very limited parking anyway - free parking would just make the problem worse by encouraging lots of people perfectly able to use public transport to jump in their cars, meaning there would be less space for people who really needed to use the car.

But I agree for rural and outlying hospitals the parking policy is bizarre. I don't suppose people go and hang out at their A&E just for jollies.

ginnybag · 03/12/2009 13:08

Yes, I suppose so. Unfortunately...

It just annoys me a bit. I don't suppose there is anything else they can do but it always seems to be the people who genuinely can't avoid it that get stung by it.

I also suppose I shouldn't resent that it's money going into the hospital pot (in theory, at least).

Charging on the way out then definitely the way to go. And definitely more reasonable fines!

Positron · 03/12/2009 13:13

BigMomma3,

Sorry to hear of your situation. Let's hope someone out there has a heart if reviewing your appeal.

I had a situation 2 days agao where I parked in a pay and display car park, put money in the machine, but then realised the machine wasn't working, and I couldn't even get my change back! Problem was, I had run out of change so it's not as if I could use the next nearest machine. Besides, as far I was concerned, I had paid my dues, just that I wasn't able to get a display ticket as proof. I wrote a letter to car parking attendant (displayed on windscreen) to explain above, and ended it by asking them to "please kindly consider the circumstances". Well suffice to say, I never got a parking ticket, but don't know if that's because I got back before the parking attendant arrived (but was away for good 2 hours), or if the attendent was understanding (I very much doubt it!).

I agree that a polite but firm letter from yourself is needed. For what it's worth, you may even get off on a technicality - I did once when appealing against some other parking ticket (but that's a whole other story!).

BitOfFun · 03/12/2009 13:23

Happened to me last week. I just paid up and thought of the irony of me parking to nip to the Post Office to send someone my boxset of sopranos dvds to raise money for Christmas

Oh well. You have my sympathies.

BigMomma3 · 03/12/2009 13:42

Thanks all. Will probably not be a nasty letter as I know humour gets a better reception. A few years ago, I overstayed in a pay and display car park (so totally my fault) and appealed the fine with a humourous letter to Dick Turpin, written in the style of the day and begging for mercy for a poor damsel in distress and they let me off giving me 'full marks for originalty' . Will try that again!

I know if I had'nt been in discomfort and stressed I would have gone to another machine while muttering to myself so hopefully they will take that into account.

OP posts:
LadyOfTheFlowers · 03/12/2009 13:45

It's crap but don't think there is much you can do about it. If there were other machines working, unless you are actually moments from death - in which case you wouldn't need a ticket - you have to get one.

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