Parking fine for Not Purchasing a ticket

Parking fine for Not Purchasing a ticket

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JatHanspal

Original Poster:

216 posts

121 months

Wednesday 27th November 2024
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Hi All,

Recently I parked in a car park managed by Smart Parking and with payment by RingGo. It also had two payment machines onsite.

I attempted a few times to pay on my phone, it didn't work - kept throwing an error on the app. Updating the app didn't solve it.

I then tried to make a contactless payment on the first payment machine, entered my reg and amount of payment, and tapped my payment card. Machine stalled for a while and displayed 'processing' - after a while, it cleared and didn't give me a ticket.

I then figured I should try the other machine, which I did. Same again.

Having tried three ways to pay for the ticket, being unable to get one, I then got back in the car and left the car park to find somewhere else to park. I spent 16 minutes in the car park trying to do this (according to the fine notice entry/exit time).

I logged an appeal when I got the notice, asking them to view the CCTV in the carpark to confirm what I was saying. It would be evident that I never personally left the carpark during this time and spent time either on the phone trying to make payment, or at the pay machines.

Not hopeful of how else to defend this, I guess Smart Parking may say they have no access to CCTV and cannot do anything.

Any other advice?

Glassman

23,601 posts

229 months

Wednesday 27th November 2024
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Had something similar a few months ago in North Finchley. Rather than use the app, I opted for the machine as I was only anticipating to park for about 30-60 minutes however the machine just didn't want to accept payment of any kind. I took a video of it playing up.

Sebring440

2,695 posts

110 months

Wednesday 27th November 2024
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Glassman said:
Had something similar a few months ago in North Finchley. Rather than use the app, I opted for the machine as I was only anticipating to park for about 30-60 minutes however the machine just didn't want to accept payment of any kind. I took a video of it playing up.
And to assist the OP: How did it pan out for you...?


vikingaero

11,906 posts

183 months

Thursday 28th November 2024
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JatHanspal said:
Any other advice?
Well you've logged an appeal, so you can only wait for a response.

My personal view is that Private Parking Companies are universally scumbags and they prey on people for free unjustified money. Some of my colleagues have received their charges and even as intelligent people, they pay up the £60 rather than challenge it, for a quiet life, or for "fear of their credit score".

I post on here all the time about making an appeal as the registered keeper, but most people aren't interested, and carry on giving free money to these people.

JatHanspal

Original Poster:

216 posts

121 months

Thursday 28th November 2024
quotequote all
vikingaero said:
Well you've logged an appeal, so you can only wait for a response.

My personal view is that Private Parking Companies are universally scumbags and they prey on people for free unjustified money. Some of my colleagues have received their charges and even as intelligent people, they pay up the £60 rather than challenge it, for a quiet life, or for "fear of their credit score".

I post on here all the time about making an appeal as the registered keeper, but most people aren't interested, and carry on giving free money to these people.
Exactly - I really don't want to give them my money. They have a few more weeks to respond, lets see what they say.

Sir Bagalot

6,760 posts

195 months

Thursday 28th November 2024
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I was recently through something similar, unable to pay.

2 years later I had a court date. Mediation failed.

They withdrew the case a week before they had to pay the trial fee.

My advice?

Either pay the charge, or fight

If fighting then appeal with a well reasoned explanation. Then ignore all further letters until you get a letter before action. You need to reply to that one.

IMHO, they are a bunch of scammers.

Tony1963

5,660 posts

176 months

Thursday 28th November 2024
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Sir Bagalot said:
IMHO, they are a bunch of scammers.
Naaa. It’s a fact.

Andy86GT

630 posts

79 months

Thursday 28th November 2024
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What really irks me is the presumption of guilt, shouldn't it be innocent until proven guilty?

BertBert

20,290 posts

225 months

Thursday 28th November 2024
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A presumption of innocence is what the arbiter should have. The opposing party is definitely going to have the presumption of guilt as you have the presumption of innocence.

Tymb

187 posts

109 months

Friday 29th November 2024
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From experience, if you feel you have cause to appeal, do it, if they reject do a popla appeal. I believe this costs them money and if you can give a well reasoned appeal hopefully it will stop the process dead. If you don't agree with the outcome you don't have to abide by it.

If you ignore the fine be prepared for several years of stupidity, the lot I'm dealing with appear to have very few points at which a sensible person reviews the case to stop it. I think I'm down to one outstanding fine which judging by their previous behaviour I'm expecting court documents to be filled just before the Christmas holidays to try and catch me out again.

Furthest I've got so far is getting a court date set before they have pulled out so I'm expecting the next one to probably get to within a week or so of the court before they pull out. I was actually half looking forward to going to court as my case is such a 'slam dunk' to get thrown out I could then reference it in the future when I appeal my next fine.

The last fine I just appealed and they upheld, the previous one I went to popla and they threw it out. The one I'm expecting the first court docs for is over 2 years old which means we might have another year of 'fun'.

The Gauge

4,612 posts

27 months

Friday 29th November 2024
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I doubt there will be CCTV of the OP stood with his phone trying to buy a ticket, or trying to use the pay machine, more likely ANPR camera of his car entering and leaving. If so it could be difficult to defend.

My wife had similar with Parking Eye, ANPR snapped her entering the car park and then leaving the next day (max 3hr wait). The ANPR hadn't captured her leaving 30mins after arriving, or arriving again the next day, so assured she had remained there all night. Made an appeal with Parking Eye and they rescinded the ticket. If there's a car close behind you when you leave these car parks the camera might not detect you leaving.

Unless she really did spend the night there!!!



Edited by The Gauge on Friday 29th November 08:43

Alex_225

6,910 posts

215 months

Friday 29th November 2024
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There are grace periods and I would imagine you could appeal based on that, despite it being 16 minutes.

British Parking Association states there should be a minimum 5 minutes consideration period and 10 minutes grace period. So for 16 minutes I'd imagine you have a strong case. The only snag may be trying to prove you tried all of this but you know you did and no reason to disbelieve that.

If they decline your appeal, try putting it in writing with as much evidence as you have and send it to them directly recorded post. I did the same with a ticket I had in the summer and they cancelled it.

ScotHill

3,676 posts

123 months

Saturday 30th November 2024
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The Gauge said:
My wife had similar with Parking Eye, ANPR snapped her entering the car park and then leaving the next day (max 3hr wait). The ANPR hadn't captured her leaving 30mins after arriving, or arriving again the next day, so assured she had remained there all night. Made an appeal with Parking Eye and they rescinded the ticket. If there's a car close behind you when you leave these car parks the camera might not detect you leaving.

Unless she really did spend the night there!!!
I can confirm that she did, and she was incredible. You're a lucky man.

croyde

24,706 posts

244 months

Saturday 30th November 2024
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The Gauge said:
I doubt there will be CCTV of the OP stood with his phone trying to buy a ticket, or trying to use the pay machine, more likely ANPR camera of his car entering and leaving. If so it could be difficult to defend.

My wife had similar with Parking Eye, ANPR snapped her entering the car park and then leaving the next day (max 3hr wait). The ANPR hadn't captured her leaving 30mins after arriving, or arriving again the next day, so assured she had remained there all night. Made an appeal with Parking Eye and they rescinded the ticket. If there's a car close behind you when you leave these car parks the camera might not detect you leaving.

Unless she really did spend the night there!!!



Edited by The Gauge on Friday 29th November 08:43
I had this with the services on the M6 Toll. Stopped there, on the way to Liverpool for the day, for breakfast then stopped on the way back for dinner around 10 hours later.

Got sent a fine for having parked there for 12 hours. s!

I had to find the proof when it was all there on their cameras.

Luckily the Toll booth sent me pictures of my car passing by twice when I contacted them.

Halmyre

11,890 posts

153 months

Saturday 30th November 2024
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A similar case here:

https://www.bbc.co.uk/news/articles/c2k0qlpjgk2o

So she actually did pay for parking?

In addition:

"Although each of the nine outstanding PCNs was for £100, the amount has increased to £1,905.76 because Excel Parking has since added an extra £70 "debt recovery" charge to each one, interest of 8% per annum, a £115 court fee, and £80 costs for a legal representative."


JatHanspal

Original Poster:

216 posts

121 months

Monday 16th December 2024
quotequote all
My appeal was rejected, and the reasons cited are that there were payments made by others on the day using the app, and the payment machines. Seems this is not really much a response, and they didn't really pay attention to the issue of my circumstance - neither the app nor the two machines worked for me, so I left the car park.

They offer me a return to the reduced rate of £60 fine, down from £100. I also see that I can apply via POPLA / IAS. If that appeal fails, then there is no reduced payment offer available. Not sure if there are other costs if I go down this route?

What advice would you folks give?

CoolHands

20,673 posts

209 months

Monday 16th December 2024
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Absolute wkers.

I have nothing helpful to add

BertBert

20,290 posts

225 months

Monday 16th December 2024
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JatHanspal said:
My appeal was rejected, and the reasons cited are that there were payments made by others on the day using the app, and the payment machines. Seems this is not really much a response, and they didn't really pay attention to the issue of my circumstance - neither the app nor the two machines worked for me, so I left the car park.

They offer me a return to the reduced rate of £60 fine, down from £100. I also see that I can apply via POPLA / IAS. If that appeal fails, then there is no reduced payment offer available. Not sure if there are other costs if I go down this route?

What advice would you folks give?
I certainly wouldn't be paying it. I'd appeal through Popla then if that failed, tell the parking co you are not paying for the reasons already given and tell them you are looking forward to seeing them in court.

JatHanspal

Original Poster:

216 posts

121 months

Monday 16th December 2024
quotequote all
BertBert said:
JatHanspal said:
My appeal was rejected, and the reasons cited are that there were payments made by others on the day using the app, and the payment machines. Seems this is not really much a response, and they didn't really pay attention to the issue of my circumstance - neither the app nor the two machines worked for me, so I left the car park.

They offer me a return to the reduced rate of £60 fine, down from £100. I also see that I can apply via POPLA / IAS. If that appeal fails, then there is no reduced payment offer available. Not sure if there are other costs if I go down this route?

What advice would you folks give?
I certainly wouldn't be paying it. I'd appeal through Popla then if that failed, tell the parking co you are not paying for the reasons already given and tell them you are looking forward to seeing them in court.
Will be kicking that off shortly..... again, will keep you all posted.

Halmyre

11,890 posts

153 months

Monday 16th December 2024
quotequote all
JatHanspal said:
BertBert said:
JatHanspal said:
My appeal was rejected, and the reasons cited are that there were payments made by others on the day using the app, and the payment machines. Seems this is not really much a response, and they didn't really pay attention to the issue of my circumstance - neither the app nor the two machines worked for me, so I left the car park.

They offer me a return to the reduced rate of £60 fine, down from £100. I also see that I can apply via POPLA / IAS. If that appeal fails, then there is no reduced payment offer available. Not sure if there are other costs if I go down this route?

What advice would you folks give?
I certainly wouldn't be paying it. I'd appeal through Popla then if that failed, tell the parking co you are not paying for the reasons already given and tell them you are looking forward to seeing them in court.
Will be kicking that off shortly..... again, will keep you all posted.
Did you park somewhere else and pay for it? Proof of that might be handy.