Cowboy Parking Fine South Wales

Cowboy Parking Fine South Wales

Author
Discussion

DMT84

Original Poster:

124 posts

157 months

Saturday 26th November 2016
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Can anybody recommend a good solicitor in South Wales to contest a parking fine that has escalated into a possible court hearing?

I'm pretty sure I have an excellent case. No road markings to say I couldn't park where I did and no visible signs to say I couldn't park there either. There is in fact a sign in the car park that I was completely unaware of but it is facing the wrong way and isn't visible from the car park. Details on the sign are very vague also. I have a witness statement also saying that they saw the parking cowboy watch me go into the shop before running over with the parking fine and putting it on my windscreen.

I've had various different letters and threats from different companies, all of which Google quickly tells me are cowboy outfits best ignored.

Any recommendations will be much appreciated

elanfan

5,520 posts

227 months

Saturday 26th November 2016
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If it is so clearly in breach of the regulation rules why do you need a solicitor, tell them you'll see them there and you'll be claiming your costs too. Make sure you have video evidence to take with you.

Centurion07

10,381 posts

247 months

Saturday 26th November 2016
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From the sounds of it you don't need to bother paying for a solicitor.

Just have all the photos that support your case to hand and turn up and present them.

IANAL, YMMV, DYOR etc etc

silverfoxcc

7,689 posts

145 months

Saturday 26th November 2016
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put it up on on pepipoo.com in the private parking thread

They may be able to help

Two tips

Dont lie or fudge

And be 100% honest on what happened

DMT84

Original Poster:

124 posts

157 months

Saturday 26th November 2016
quotequote all
This is the great think about it, I have been using the car park most weeks for over two years and was blissfully unaware that I was doing any wrong so I don't have to put on an act. The problem is I have never been to court before and would have liked to have had some advice from a solicitor before going. I have plenty of photographs which I intend to have blown up, I also have a video driving into the car park which shows the signs are not in sight. If I was to use a solicitor and win the case I'm assuming all costs would be covered by the other side?

TooMany2cvs

29,008 posts

126 months

Saturday 26th November 2016
quotequote all
DMT84 said:
This is the great think about it, I have been using the car park most weeks for over two years and was blissfully unaware that I was doing any wrong
Whose land did you think it was?

Have you got photos and a streetview link?

Chrisgr31

13,474 posts

255 months

Saturday 26th November 2016
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Before you post any details of the site on here go back and take lots of photos of the site and the signs! Or photos showing the lack of them.

Helicopter123

8,831 posts

156 months

Saturday 26th November 2016
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DMT84 said:
If I was to use a solicitor and win the case I'm assuming all costs would be covered by the other side?
No, not always the case... I wouldn't proceed on the basis that you will win and recover costs. There is always a risk when things go to court, and costs can spiral as well. If you lose will you appeal? Will they?

If your case is 100% rock solid, represent yourself.

The owner of the land seems to be confident as well remember.

Red Devil

13,060 posts

208 months

Saturday 26th November 2016
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DMT84 said:
Can anybody recommend a good solicitor in South Wales to contest a parking fine that has escalated into a possible court hearing?
OP, assuming it is a PPC case, the fact that you have let it get that far suggests you may have been going down the ignore route. Post Beavis this is not a sensible strategy.
Have you actually been served with court papers or is it all b&b at this stage? Anyway, you are where you are, so do what silverfoxcc told you.
You will need to provide more detail than you have on here. Also, read the 'Newbies' thread on the MSE Private Parking forum.
Many solicitors' knowledge of the intricacies of private parking can be sketchy. Even some judges aren't up to speed, but most are now aware of the dodgy tactics the PPCs use.

You may be better off with a lay representative* who specialises in this kind of assistance. The Parking Prankster and pepipoo will have contacts with such people.

 * Parking cases are pretty guaranteed to be allocated to the Small Claims track in the County Court, so a lay rep will have rights of audience.

DMT84

Original Poster:

124 posts

157 months

Saturday 26th November 2016
quotequote all
Well I hadn't given a second thought to who actually owned the land, it is a car park for customers of the various shops there to use. I always stop there to use the subway. It is without doubt private land, but I don't understand why the need to be getting money out of people using the car park. Businesses are no doubt leasing the premises there, and for them to continue to do so they need to be busy. I was spending £20 a week there for two years, and now I've stopped going there. I really cant see what there is to gain from it.

I did ignore a lot of the letters, but only after looking on the internet and finding out that these people are chancers and crooks. But every time I did try emailing them I didn't receive a single response. A letter came from Gladstone solicitors at one point. It looked like a dodgey letter to be honest, faded ink, font too small and the telephone number didn't match the one on Gladstones website. I emailed Gladstones to try and find out if it was genuine but never received a response.

I don't know a single thing about the law to be honest which is why I'd like to get some advice off a legal professional first. What I do know is I was blissfully unaware of any wrong doing because there were no clear visible signs saying I couldn't park there, and no markings on the floor to say I couldn't park there either. My vehicle was far far too big for any of the bays and caused a blatant obstruction to the roadway and where I had it parked was perfectly safe and sensible. Surely any judge would be understanding of this.

Trabi601

4,865 posts

95 months

Saturday 26th November 2016
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TooMany2cvs said:
DMT84 said:
This is the great think about it, I have been using the car park most weeks for over two years and was blissfully unaware that I was doing any wrong
Whose land did you think it was?

Have you got photos and a streetview link?
This. It's amazing how many people miss (or at least claim to miss) the most obvious signs.

(See the bloke who was 'drinking coffee' in a retail park car park late at night when access and parking was prohibited)

DMT84

Original Poster:

124 posts

157 months

Saturday 26th November 2016
quotequote all
The only sign is pointing in the wrong direction and the font is unreadable from any sort of distance it is that small. Trust me if there was a visible sign I would have seen it. And if I knew I was in the wrong would have coughed up the money. I paid another parking fine not so long ago. Didn't have change to get a ticket, was gone only 5 minutes, took a chance and got caught. Happily paid the fine the same day. Don't mind admitting when I'm in the wrong, but this situation is almost like a deliberate setup to trick people

Red Devil

13,060 posts

208 months

Saturday 26th November 2016
quotequote all
Ah, Gladstones.* Defending the motorist. Yeah, right. rolleyes
You need to find out whether the PPC is on the list of approved operators with the BPA or the rival IPC.
Quite likely to be the latter which has a built in conflict of interest. Read this.

 * You will find they feature heavily on that blog: a raft of defended cases where the claim has failed (or been struck out).
    Seek the help I suggested because there is a reasonable likelihood you will eventually receive court papers.
    They don't sully their hands though. Cases get farmed out to practitioners while the clients pick up the tab for the loss.
    You will have to put in some effort and do some homework if you're to have a chance of success though.
    A default win is music to their ears.

DMT84

Original Poster:

124 posts

157 months

Sunday 27th November 2016
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I have done a lot of reading on pepipoo it seems like an absolute minefield and I don't really have the time to be doing enough research to be honest. I feel confident enough in going to court and putting my case across but I would like a professional opinion on how successfully they think it could be defended. If I stood a better chance using a solicitor then I would be happy to pay for one. Its not so much about the money (although this does pee me off) but the principal of it. Like I said I'm happy to pay parking fines when I'm aware of any wrong doing but these are underhanded tactics. There are some photos here

http://forums.pepipoo.com/index.php?showtopic=1101...

Trabi601

4,865 posts

95 months

Sunday 27th November 2016
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Whilst it's possible to argue the morals and technicalities. You were parked outside of a marked bay in a private car park. I thought everyone knew this was asking for a ticket?

Signage looks reasonable to me, can't see that being a defence.

(I look after around 60 petrol stations, so have very little sympathy for people breaking parking rules on private property - it's a massive headache for me - seems people think forecourts are there so you can park whilst you nip into other local shops - even if it means a tanker cannot get onto the forecourt, or exit safely in an emergency)

DMT84

Original Poster:

124 posts

157 months

Sunday 27th November 2016
quotequote all
I was outside subway spending money in subway. And no, the signage is not clear, its pointing in the wrong direction.

Centurion07

10,381 posts

247 months

Sunday 27th November 2016
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Trabi601 said:
Signage looks reasonable to me, can't see that being a defence.
Even if it's only visible if entering from the car park from one particular direction?

OP, have a check on the sites mentioned to find out the regs concerning sign placement/size/etc to see if these conform. If not, then you should be fine and if by some twist of fate you don't win, you can always employ a solicitor for the appeal.

TooMany2cvs

29,008 posts

126 months

Sunday 27th November 2016
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Signage:


OP's parking position:


OP's van parked:


OP's van in a normal space to show why blocking the entry road is the best option:


And, just to double-check, OP - you're not working in or shopping at any of those shops, except in passing? You're parking there, then heading off the site?

Frankly, OP, you're taking the piss major-league. If you think that's reasonable and acceptable and SOOOO unfair to be ticketed, then you need to give yourself a slap. If you've been doing that for two years, then I'm astonished that you've got away with it for so long.

Centurion07

10,381 posts

247 months

Sunday 27th November 2016
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TooMany2cvs said:
OP's van parked:
The sign may only be at one entrance, but in that pic OP must've driven past the sign to have parked there facing that direction? scratchchin

TooMany2cvs said:
And, just to double-check, OP - you're not working in or shopping at any of those shops, except in passing? You're parking there, then heading off the site?
He did say he parks there whilst using the shops.

oldcynic

2,166 posts

161 months

Sunday 27th November 2016
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How is anyone supposed to read what's written on the sign without causing traffic chaos behind them?