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Original poster

Parking fine - help needed!

20 replies

wordgirl · 19/10/2006 19:48

I work in an office on a business park. Each company has a certain number of parking places and we are given a permit to display.

Unfortunately on Monday night I forgot to display my permit and I received a ticket from the private clamping firm that patrol the car park.

So technically they got me "bang to rights" I suppose but I had every right to be there. I start work at 7pm and at that time there are only a handful of cars in the car park. There is no way an unauthorised person would park there at night given that they could park on the road adjacent to the car park for nothing.

I am determined not to pay this fine as morally I have done nothing wrong and it's nothing short of extortion.

But does anyone know what would happen if they decided to pursue it and I ended up in court.

Also, I have been searching the internet and apparently fines for parking on private land aren't legally enforceable. In which case why would anyone ever pay them?

OP posts:
TheDaVinciCod · 19/10/2006 19:49

soryr yes

i think if warnign notices are displayed oyu haev to cough up

SoupDragon · 19/10/2006 19:50

Say that you did display your permit (send a photocopy of it) and it must have fallen somewhere the ticket person couldn't see it. Works with Pay and display if you can produce the original ticket.

flowertot · 19/10/2006 19:50

Can you not say that your permit WAS displayed, but that the parking atnedant didn't see it. If you have got a valid one covering those dates then I would think they won't proceed

lulumama · 19/10/2006 19:52

technically they got me "bang to rights

yes , i believe they do...so morally, it doesn;t matter!

you could hold off paying it and see if they come after you..how much is the fine?

SenoraPostrophe · 19/10/2006 19:53

you may find they don't bother to persue it if it's not much - it costs money to take things to court, never mind staff time etc.

TheDaVinciCod · 19/10/2006 19:54

dont you belive it! theyll take anythign to court

SenoraPostrophe · 19/10/2006 19:55

maybe you're right. I had to go to the bank to pay 23c to social security today otherwise they won't pay my maternity money. gits.

Original poster
wordgirl · 19/10/2006 19:56

I think if you pay up straightaway it's 50% so £35. But it's the principle of the thing really... I work at night and I really don't like the idea of these people snooping around in the dark outside my office.
DH has faxed them my permit and asked them to void the fine but of course they haven't replied to him. Maybe they will drop it and I'm getting worked up over nothing. But it has made me really cross

OP posts:
rabbitrabbit · 19/10/2006 20:08

It's worthwhile going to the The Consumer Action Group as there is usually something on there that will point you in the right direction.

hth

hub2dee · 19/10/2006 20:30

They might have taken a picture of your dashboard / windscreen to 'prove' it wasn't displayed, but nonetheless, I would contest this. Write (recorded / signed for delivery) - not fax, and ask them to reply confirming they will cancel this. They might not have a photograph, in which case existence of your permit might mean you're let off, or, if they do have a permit they might accept your excuse that it slipped onto the floor. Either way I doubt a court of law would side with the parking company, even if the T&Cs of the car park state your permit must be displayed at all times IYSWIM.

Cod - do you disagree ie: T&Cs would over-ride 'reasonableness' of the c0ck up ?

jellybrainsalloverthewall · 19/10/2006 20:48

I used to work in a parking permits office for a london borough - but the methods are similar - I would advise you to appeal but if your appeal is not accepted to pay up as parking regs are not about what is 'morally' correct it is about following regulations. parking attendants are not in the slightest bit concerned about your personal circumstances that is not their job - but the appeals section can take your situation into consideration and may be persuaded by someone who makes their appeal swiftly and politely - and as you have a permit it is worth trying - but don't let it go further if your appeal isn't accepted - it really isn't worth it.

Afterall you would probably be bothered if you couldn't park because someone wihout a permit was using the car park - and they had done nothing about it.

good luck.

saggarmakersbottomknocker · 19/10/2006 20:52

They take a photo of your dashboard here to prove no ticket/permit.

I got a ticket whilst putting money in the machine - one nearest to car was faulty and I had walked across to the next one. When I got back I'd been ticketted . Didn't have to pay it though.

hub2dee · 19/10/2006 21:18

jellybrain - are you familiar with all the wackeries re: appeals, and conidtions under which a ticket may not be issued ?

I was really intrigued to read Camden's (I think) policy doc... stuff about glaziers parking anywhere, people not being ticketed when engaged in loading car etc. etc. etc. there were all sorts of really quite detailed exemptions, including some that were SECRET... (ie. they announced their existence but data protection blah blah meant they couldn't divulge them !)

jellybrainsalloverthewall · 19/10/2006 21:31

I actually used to work for Camden but as I was engaged in issueing the actual permits and disabled badges etc. etc. I am not all that familiar with all the detail of the regs.

I know that the parking attn are giving strict instructions to if in doubt ticket iykwim - whereas the appeals section can look at the individual circs and make decsions accordingly - so if you feel you have a case it is always worth appealing ( make sure it is in within time limits etc) .

jellybrainsalloverthewall · 19/10/2006 21:34

tbh it is difficult to get and keep decent pa's as anyone with any nouce will get out of the frontline and work behind the scenes in parking. Can't imagine why

jellybrainsalloverthewall · 19/10/2006 21:34

tbh it is difficult to get and keep decent pa's as anyone with any nouce will get out of the frontline and work behind the scenes in parking. Can't imagine why

jellybrainsalloverthewall · 19/10/2006 21:35

tbh it is difficult to get and keep decent pa's as anyone with any nouce will get out of the frontline and work behind the scenes in parking. Can't imagine why

jellybrainsalloverthewall · 19/10/2006 21:35

whoops sticky mouse pad!

Original poster
wordgirl · 19/10/2006 21:39

Thanks for all your help everyone. Have just spent an "interesting" hour or so perusing various parking forums and my head is now spinning!

It seems that these clamping companies don't actually have any "powers" to enforce their fine. They can get the address of the registered keeper from the DVLA (which is surely in breach of the Data Protection Act but that's another story) but unless they can prove who was driving the car and who therefore entered into the contract to park by accepting the terms and conditions on their sign, they cannot enforce payment.

Well, I think that's the gist of it anyway!

OP posts:
hub2dee · 19/10/2006 21:50

Very interesting wordgirl.

I'd send a letter then saying you are not sure who was dirving the car at the time, and it also has a valid permit, and see what happens !

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