Parking Charge - Court action
Discussion
First thing..it's against a friend of my wife's, not me.
She's being taken to County Court for £250. She was originally fined £100, she says it wasn't her fault, the machine wasn't working. She responded to the first few letters the parking Company sent to her but then started ignoring them.
She's adamant she wants to defend this and she's happy to risk having to pay the £250. However could she be lumbered with any additional fees as a result of going to Court?
She's being taken to County Court for £250. She was originally fined £100, she says it wasn't her fault, the machine wasn't working. She responded to the first few letters the parking Company sent to her but then started ignoring them.
She's adamant she wants to defend this and she's happy to risk having to pay the £250. However could she be lumbered with any additional fees as a result of going to Court?
At the risk of seeming unhelpful if she couldn't pay why did she park there? Or was the issue with the machine something like where it took her money but didn't issue a ticket?
If her grounds for contesting the charge are just that the machine wouldn't let her pay then I'd suggest she may not get the outcome she's after, assuming all the relevant procedures have been followed by whoever has issued the charge.
If her grounds for contesting the charge are just that the machine wouldn't let her pay then I'd suggest she may not get the outcome she's after, assuming all the relevant procedures have been followed by whoever has issued the charge.
Mr Pointy said:
At the risk of seeming unhelpful if she couldn't pay why did she park there? Or was the issue with the machine something like where it took her money but didn't issue a ticket?
If her grounds for contesting the charge are just that the machine wouldn't let her pay then I'd suggest she may not get the outcome she's after, assuming all the relevant procedures have been followed by whoever has issued the charge.
I believe she was putting coins into the machine but they were getting rejected - no idea why (I wonder if the machine thought they were fake £1 coins?) If her grounds for contesting the charge are just that the machine wouldn't let her pay then I'd suggest she may not get the outcome she's after, assuming all the relevant procedures have been followed by whoever has issued the charge.
Anyway it was her normal workplace car park and she was in a rush so she thought she'd explain to the parking Company and they would accept it given she wasnt likely to be the only person getting a ticket.
i think she's resigned to risking it and paying the £250 if she's found guilty. What she'd rather not do is then get lumbered with additional court fees for going to Court.
If the original penalty charge was £100 what's made it increase to £250?
If a summons has been issued it will already show what "costs" the company is seeking to recover over and above the parking.
If it goes to court and she loses then yes, there will be additional costs to pay for the court hearing.
If a summons has been issued it will already show what "costs" the company is seeking to recover over and above the parking.
If it goes to court and she loses then yes, there will be additional costs to pay for the court hearing.
Countdown said:
Anyway it was her normal workplace car park and she was in a rush so she thought she'd explain to the parking Company and they would accept it given she wasn't likely to be the only person getting a ticket.
She needs to ask the court to get information from the complainant about,a) How many tickets per day they usually issue at the car park, and
b) How many tickets they issued on that particular day.
Panamax said:
Countdown said:
Anyway it was her normal workplace car park and she was in a rush so she thought she'd explain to the parking Company and they would accept it given she wasn't likely to be the only person getting a ticket.
She needs to ask the court to get information from the complainant about,a) How many tickets per day they usually issue at the car park, and
b) How many tickets they issued on that particular day.
Countdown said:
First thing..it's against a friend of my wife's, not me.
She's being taken to County Court for £250. She was originally fined £100, she says it wasn't her fault, the machine wasn't working. She responded to the first few letters the parking Company sent to her but then started ignoring them.
She's adamant she wants to defend this and she's happy to risk having to pay the £250. However could she be lumbered with any additional fees as a result of going to Court?
I'd suggest finding people who have actual history of how the court might view this.She's being taken to County Court for £250. She was originally fined £100, she says it wasn't her fault, the machine wasn't working. She responded to the first few letters the parking Company sent to her but then started ignoring them.
She's adamant she wants to defend this and she's happy to risk having to pay the £250. However could she be lumbered with any additional fees as a result of going to Court?
ISTM, she parked there, she didn't pay.
In attempting to use the machine, she was clearly willing to pay.
I'm sure it's not an original scenario.
A quick google gives mixed opinions, but mostly not favourable.
Was there an alternative way to pay, like another machine or pay card or ap?
Was there a phone number to phone in case of difficulty paying?
As for what costs she might incur, again, I would only take opinions from someone like a solicitor, not random anonymous people on here.
Was it a private or council car park?
The crucial bit to this is whether there was any other way to pay for the ticket?
If there was then she has lost before she gets there.
Was there only one machine for that car park?
Was there an alternative way to pay for the ticket?
If the true answer is yes then she will end up paying the fine and any other possible expenses but this will depend upon the sum they are claiming and what is included in that amount?
If there was then she has lost before she gets there.
Was there only one machine for that car park?
Was there an alternative way to pay for the ticket?
If the true answer is yes then she will end up paying the fine and any other possible expenses but this will depend upon the sum they are claiming and what is included in that amount?
This is a good place for advice re. Parking companies http://forums.pepipoo.com/
Dark Star said:
The crucial bit to this is whether there was any other way to pay for the ticket?
If there was then she has lost before she gets there.
Was there only one machine for that car park?
Was there an alternative way to pay for the ticket?
If the true answer is yes then she will end up paying the fine and any other possible expenses but this will depend upon the sum they are claiming and what is included in that amount?
Let me tell you my experience. parked in a car park which clearly had a ticket machine with a card payment (pay on exit no barrier), returned an hour (ish) later and then found the machine hadn't been setup for card payments so cash only. I needed to be back at work and I don't carry cash. Rang the car parking company. the message went to voicemail and they said leave a message and we will get back to you. They didn't and then 7 days later they sent me a pay up or else letter. If there was then she has lost before she gets there.
Was there only one machine for that car park?
Was there an alternative way to pay for the ticket?
If the true answer is yes then she will end up paying the fine and any other possible expenses but this will depend upon the sum they are claiming and what is included in that amount?
Literally nothing I have done or said has been acknowledged, the regulator sided with the parking company (because there are only a few specific cases where the regulator will over rule the parking company and cancel the ticket..
So the invoices continued and I eventually told them to stop the letters and I would see them in court, it was then sent to a debt collection agency, repeated the above and haven't heard anything since. My only suspicion is that they will wait for five years and then try to claim in the hope I have lost all the records I had or moved and they can get a default judgement.
Did she try to contact them immediately or was her decision to just wait and see what happens, then offer the explanation?
My point being if she can prove she tried to explain why she was parked there without a ticket, and can prove that, it could be a decent part of her defence.
If, as it sounds, she saw the machine was broke, parked anyhow and just waited for the fine.....I dunno, does not sound likely to sway a court.
Cannot know of course, just an opinion.
My point being if she can prove she tried to explain why she was parked there without a ticket, and can prove that, it could be a decent part of her defence.
If, as it sounds, she saw the machine was broke, parked anyhow and just waited for the fine.....I dunno, does not sound likely to sway a court.
Cannot know of course, just an opinion.
Countdown said:
Thanks. How would she do that?
Full details on this link. First she makes a formal written request for the information and, if it isn't provided, she asks the Court to make an order for its disclosure.https://www.justice.gov.uk/courts/procedure-rules/...
sugerbear said:
Dark Star said:
The crucial bit to this is whether there was any other way to pay for the ticket?
If there was then she has lost before she gets there.
Was there only one machine for that car park?
Was there an alternative way to pay for the ticket?
If the true answer is yes then she will end up paying the fine and any other possible expenses but this will depend upon the sum they are claiming and what is included in that amount?
Let me tell you my experience. parked in a car park which clearly had a ticket machine with a card payment (pay on exit no barrier), returned an hour (ish) later and then found the machine hadn't been setup for card payments so cash only. I needed to be back at work and I don't carry cash. Rang the car parking company. the message went to voicemail and they said leave a message and we will get back to you. They didn't and then 7 days later they sent me a pay up or else letter. If there was then she has lost before she gets there.
Was there only one machine for that car park?
Was there an alternative way to pay for the ticket?
If the true answer is yes then she will end up paying the fine and any other possible expenses but this will depend upon the sum they are claiming and what is included in that amount?
Literally nothing I have done or said has been acknowledged, the regulator sided with the parking company (because there are only a few specific cases where the regulator will over rule the parking company and cancel the ticket..
So the invoices continued and I eventually told them to stop the letters and I would see them in court, it was then sent to a debt collection agency, repeated the above and haven't heard anything since. My only suspicion is that they will wait for five years and then try to claim in the hope I have lost all the records I had or moved and they can get a default judgement.
Yes this would mean going and getting cash from a cash point before leaving and probably being late for work but the option was there.
If the car park had of had a barrier on the exit you would have needed to find the means to pay.
jondude said:
Did she try to contact them immediately or was her decision to just wait and see what happens, then offer the explanation?
My point being if she can prove she tried to explain why she was parked there without a ticket, and can prove that, it could be a decent part of her defence.
If, as it sounds, she saw the machine was broke, parked anyhow and just waited for the fine.....I dunno, does not sound likely to sway a court.
Cannot know of course, just an opinion.
I agree btw My point being if she can prove she tried to explain why she was parked there without a ticket, and can prove that, it could be a decent part of her defence.
If, as it sounds, she saw the machine was broke, parked anyhow and just waited for the fine.....I dunno, does not sound likely to sway a court.
Cannot know of course, just an opinion.
Dark Star said:
sugerbear said:
Dark Star said:
The crucial bit to this is whether there was any other way to pay for the ticket?
If there was then she has lost before she gets there.
Was there only one machine for that car park?
Was there an alternative way to pay for the ticket?
If the true answer is yes then she will end up paying the fine and any other possible expenses but this will depend upon the sum they are claiming and what is included in that amount?
Let me tell you my experience. parked in a car park which clearly had a ticket machine with a card payment (pay on exit no barrier), returned an hour (ish) later and then found the machine hadn't been setup for card payments so cash only. I needed to be back at work and I don't carry cash. Rang the car parking company. the message went to voicemail and they said leave a message and we will get back to you. They didn't and then 7 days later they sent me a pay up or else letter. If there was then she has lost before she gets there.
Was there only one machine for that car park?
Was there an alternative way to pay for the ticket?
If the true answer is yes then she will end up paying the fine and any other possible expenses but this will depend upon the sum they are claiming and what is included in that amount?
Literally nothing I have done or said has been acknowledged, the regulator sided with the parking company (because there are only a few specific cases where the regulator will over rule the parking company and cancel the ticket..
So the invoices continued and I eventually told them to stop the letters and I would see them in court, it was then sent to a debt collection agency, repeated the above and haven't heard anything since. My only suspicion is that they will wait for five years and then try to claim in the hope I have lost all the records I had or moved and they can get a default judgement.
Yes this would mean going and getting cash from a cash point before leaving and probably being late for work but the option was there.
If the car park had of had a barrier on the exit you would have needed to find the means to pay.
The option was also available to ring them and pay which I tried to do and I did offer to pay once the first letter arrived.
sugerbear said:
The intention was always to pay, but I am not about to run off into town, find an ATM, then find somewhere to change the cash into change so that I can pay the machine that has a card machine attached with no warning that it was cash only.
The option was also available to ring them and pay which I tried to do and I did offer to pay once the first letter arrived.
Sadly the parking companies don't care about intention, only whether you've followed their rules. It's the same even in cases where you're supposed to display a ticket/permit and fail to do so, even if you've paid. They, and any appeals body, are only interested in the letter of the law, and give no consideration to the spirit.The option was also available to ring them and pay which I tried to do and I did offer to pay once the first letter arrived.
Countdown said:
Thanks all
I believe there might have been a phone number you could call and pay via Credit Card.
I guess it's a slam dunk for the PPC - I'll give her the "good" news.
As far as I know ownership of a credit or any other sort of payment card is not a legal requirement. Folk shouldn't be legally obliged to own one of them in order to go about their daily business, any more than they should be legally obliged to own a smartphone, which is seemingly becoming essential by default. I believe there might have been a phone number you could call and pay via Credit Card.
I guess it's a slam dunk for the PPC - I'll give her the "good" news.
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