Do I Have A Case?
Author
Discussion

On Time

Original Poster:

438 posts

228 months

Tuesday 1st January 2008
quotequote all
Happy new year!

Like alot of people I went out and celebrated the new year in typical British form. So, my car (I was elected driver laugh ) got left in a car park.

When i collected it today I had a parking fine.
Fair enough, I'd parked there, I hadn't paid for the two hours in the morning so its my fault and as I said, fair enough.

However, the details of my car or more to the point a detail was wrong.
The parking attendant had put my car colour down as grey when my car is bright blue and red.

Is this a decent enough case for a challenge or do you think I should just cough up the £30 fine?




lazy

19,931 posts

297 months

Tuesday 1st January 2008
quotequote all
Always, always worth a challenge IMO as they often can't be bothered with the process of reply and reply and reply.

I once had a similar case - they had put the wrong colour down on mine when I was parked on double yellows.

I challenged the ticket on the strength that my car was a different colour and that the industrial estate I was parked on was not used on the day in question.

I got off with the fine. £30 saved just for being bothered to write a quick, polite letter. thumbup

milf hunter

95 posts

227 months

Tuesday 1st January 2008
quotequote all
the only problem is a lot of traffic wardens now take photos of you car
ask for a photo if not argue the case 50/50 of winning
what do have to lose £30 or win it costs nothing to argue the fine
have fleet of vans and drivers play this game every week . 60% WIN RATE BUT it is getting harder to win
hope this helps

milf hunter

95 posts

227 months

Tuesday 1st January 2008
quotequote all
the only problem is a lot of traffic wardens now take photos of you car
ask for a photo if not argue the case 50/50 of winning
what do have to lose £30 or win it costs nothing to argue the fine
have fleet of vans and drivers play this game every week . 60% WIN RATE BUT it is getting harder to win
hope this helps

On Time

Original Poster:

438 posts

228 months

Tuesday 1st January 2008
quotequote all
Surely though if a photo was taken it would actually go in my favour?



lazy

19,931 posts

297 months

Tuesday 1st January 2008
quotequote all
There's only one way to find out.

bimsb6

8,804 posts

252 months

Tuesday 1st January 2008
quotequote all
On Time said:
Surely though if a photo was taken it would actually go in my favour?


absolutely ,claim the one in the pic must be a clone .

DIW35

4,205 posts

231 months

Tuesday 1st January 2008
quotequote all
Just write back and claim that someone must have cloned your number plate, as your car is a completely different colour from the one caught parking without a ticket.

millsee

88 posts

269 months

Tuesday 1st January 2008
quotequote all
The first thing you need to check is whether it is a council car park or not, because there are different laws that apply to them. Were there any council signs up? IS the ticket issued on behalf of the council, for example.

If not, then you could send a letter similar to the one that follows below. Private car parks rely on the law of contract and the law says that the onus is on the operator to prove that a contract has been formed.

Here is the letter template:



Dear Sirs,

I am in receipt of your invoice for parking at the XXX car park on the XXX. I note you have written to me as the registered keeper of the vehicle. Please be advised that as the registered keeper of the vehicle concerned that I have no liability whatsoever to pay your invoice. You need to contact the driver and invoice them directly.

Please do not correspond with me any further on this matter except to confirm that you will be not taking the matter any further with me as the registered keeper of the vehicle.

Yours sincerely,



You'll probably get a letter back saying that the registered keeper IS liable. That is not true. The registered keeper is only liable for charges for decriminalised parking offences on-street.

The line you are taking here is that it is a civil matter. The contract could only be formed between the car park company concerned and the driver of the vehicle at the time.

Whilst the police can make you tell them who the driver is (S172 RTRA), if a private company asks, you shrug your shoulders and say "can't remember".

They'll bluster and threaten court; hold your line and they'll back off eventually.

GreenV8S

31,027 posts

315 months

Tuesday 1st January 2008
quotequote all
On Time said:
When i collected it today I had a parking fine.
Fair enough, I'd parked there, I hadn't paid for the two hours in the morning so its my fault and as I said, fair enough.
So pay up, and stop looking for ways to weasel out of it. If you were innocent then fair enough to look for flaws in their case to prove your innocence, but you know you are guilty.

LaSarthe+Back

2,084 posts

244 months

Tuesday 1st January 2008
quotequote all
GreenV8S said:
On Time said:
When i collected it today I had a parking fine.
Fair enough, I'd parked there, I hadn't paid for the two hours in the morning so its my fault and as I said, fair enough.
So pay up, and stop looking for ways to weasel out of it. If you were innocent then fair enough to look for flaws in their case to prove your innocence, but you know you are guilty.
Got to say I agree I'm afraid.

Be a man and take the hit. It's £30 FFS.

i want an aero

642 posts

237 months

Tuesday 1st January 2008
quotequote all
they should get it right so question it, lazy buggers

Santa Claws

420 posts

231 months

Tuesday 1st January 2008
quotequote all
I have had that before and have, perhaps stupidly, just stumped up the £30 and chalked it down to experience.

Then again, I look at the work required to get out of £30 and think "fcuk that!".

I'm chronically lazy.

On Time

Original Poster:

438 posts

228 months

Tuesday 1st January 2008
quotequote all
Thanks to millsee and others

GreenV8S said:
On Time said:
When i collected it today I had a parking fine.
Fair enough, I'd parked there, I hadn't paid for the two hours in the morning so its my fault and as I said, fair enough.
So pay up, and stop looking for ways to weasel out of it. If you were innocent then fair enough to look for flaws in their case to prove your innocence, but you know you are guilty.
They still made a mistake.

Its like if you get mischanged at a shop, I doubt you tell them and give them back the difference.





s.m.h.

5,733 posts

246 months

Tuesday 1st January 2008
quotequote all
You mean to say theres a car park you still have to pay on bank holidays?

DWP

1,232 posts

246 months

Tuesday 1st January 2008
quotequote all
LaSarthe+Back said:
GreenV8S said:
On Time said:
When i collected it today I had a parking fine.
Fair enough, I'd parked there, I hadn't paid for the two hours in the morning so its my fault and as I said, fair enough.
So pay up, and stop looking for ways to weasel out of it. If you were innocent then fair enough to look for flaws in their case to prove your innocence, but you know you are guilty.
Got to say I agree I'm afraid.

Be a man and take the hit. It's £30 FFS.
Oh dear, lets all give up now and give the thieving gits everything they screw out of us drivers, They want to play it by the book, well play it by the book back. Details wrong, don't pay without a fight.

missdiane

13,994 posts

280 months

Tuesday 1st January 2008
quotequote all
I just can't beleive they pay someone double time to issue parking fines, that's where your taxes go then

GreenV8S

31,027 posts

315 months

Tuesday 1st January 2008
quotequote all
On Time said:
Its like if you get mischanged at a shop, I doubt you tell them and give them back the difference.
I don't see how it's remotely like that. The fine seems perfectly reasonable if you were really parked there. (OK it seems mean to enforce it at such a time, but they do have that right.) Time to stop winging and pay up rather than look for ways to weasel out of your liabilities.

eldar

25,343 posts

227 months

Tuesday 1st January 2008
quotequote all
GreenV8S said:
On Time said:
When i collected it today I had a parking fine.
Fair enough, I'd parked there, I hadn't paid for the two hours in the morning so its my fault and as I said, fair enough.
So pay up, and stop looking for ways to weasel out of it. If you were innocent then fair enough to look for flaws in their case to prove your innocence, but you know you are guilty.
zero tolerance works both ways. Careless parking, careless ticketing?

H_Kan

4,942 posts

230 months

Tuesday 1st January 2008
quotequote all
He admits he was parked there and in theory deserves his fine.

However most wardens etc are pretty zero tolerance and nazi-esque in their approach. Some even appear to outright lie! So you have to play the system their way, if they haven't complied with the law down to the letter then why cough up for an invalid ticket?