parking ticket - from 3 years ago
parking ticket - from 3 years ago
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Discussion

jimmy156

Original Poster:

3,748 posts

207 months

Thursday 27th November
quotequote all
Hi all,

After a bit of advice.

We were on holiday in the south west in 2022 and overstayed out welcome in a couple of ANPR controlled car parks. We dealt with these at the time, either sucessfully appealing or paying the fine.

Fast foward to 2025 and I get a letter from a debt recover company claiming an unpaid parking fine from the same period for a separate issue. We never receievd either the intial notce from the parking company or any follow up from a debt recovery company. This letter in 2025 was the first we heard of it. Although they say that they have proof of postage.

It transpires that we overstayed our ticket in an ANPR controlled car park by about 7 minutes. This was when ANPR clocked us leaving the car park. From memory there is supposed to be a 10 min grace?

The debt recovery company state that (obvisouly) we have missed our chance to appeal and our only opportunity to do this now would be at county court. So I have two questions really.

1. What are the chances they actually take us to court
2. If we do have our day in court, will having a valid ticket for all but the final 7 minutes of our multi hour long stay be reason to over turn at this stage.

Thanks in advance!

Simpo Two

90,369 posts

285 months

Thursday 27th November
quotequote all
jimmy156 said:
We were on holiday in the south west in 2022 and overstayed out welcome in a couple of ANPR controlled car parks. We dealt with these at the time, either sucessfully appealing or paying the fine.
Can you prove these?

jimmy156

Original Poster:

3,748 posts

207 months

Thursday 27th November
quotequote all
Yes, in that I can access the result of the POPLA appeal, and I can see a payment to the parking company that would be the charge for the fine on my credit card statement.

bad company

21,147 posts

286 months

Thursday 27th November
quotequote all
After that time I wouldn’t even respond to them. Chances are they might send another letter or two, then they’ll shut up.

carl_w

10,161 posts

278 months

Thursday 27th November
quotequote all
jimmy156 said:
Yes, in that I can access the result of the POPLA appeal, and I can see a payment to the parking company that would be the charge for the fine on my credit card statement.
So you've paid the fine already? Why are they chasing you then?

carl_w

10,161 posts

278 months

Thursday 27th November
quotequote all
I would ignore the debt collectors and go back to the people who originally sent the ticket with evidence that it was resolved (cancelled/paid) and ask them to cancel the debt collection action.

Have you moved house since the ticket was issued? Often if the (postal) mail bounces they'll go straight to a debt collection agency as they have ways and means of finding out your address.

outnumbered

4,723 posts

254 months

Thursday 27th November
quotequote all
carl_w said:
jimmy156 said:
Yes, in that I can access the result of the POPLA appeal, and I can see a payment to the parking company that would be the charge for the fine on my credit card statement.
So you've paid the fine already? Why are they chasing you then?
It's a separate ticket from the ones he's already settled.

carl_w

10,161 posts

278 months

Friday 28th November
quotequote all
outnumbered said:
It's a separate ticket from the ones he's already settled.
Ah.

In that case best to ignore all the threats from the debt collection agencies and their fake lawyers until you get an actual letter before action. This is likely to be several years from now.

https://forums.moneysavingexpert.com/discussion/co... is a great help, I had one go through the court process, filing a defence, mediation, court date and then the parking company pulled out the day before they had to pay the court filing fee.


LuS1fer

42,980 posts

265 months

Friday 28th November
quotequote all
My mother had one a couple of years ago, from 2016. I used " the internet" and cut and pasted a long and bamboozling defence, adding in the prejudice of time on ascertaining facts. They eventually folded before it got to court.

Mrr T

14,336 posts

285 months

Saturday 29th November
quotequote all
Since you say this is the first you have heard of this you can ignore. Keeper liability has long expired. However, can I suggest you respond by mail, recorded delivery. Say you dispute the debt and request the details of how the alleged debt arose. Highly unlikely they will respond.

WrekinCrew

5,353 posts

170 months

Saturday 29th November
quotequote all
Mrr T said:
...Keeper liability has long expired...
I thought they had six years to claim. However most PCNs are not POFA compliant so they can only chase the driver, not the keeper.

Mrr T

14,336 posts

285 months

Saturday 29th November
quotequote all
WrekinCrew said:
Mrr T said:
...Keeper liability has long expired...
I thought they had six years to claim. However most PCNs are not POFA compliant so they can only chase the driver, not the keeper.
A claim under POFA against the keeper must be made within 14 days. The potential for a claim against the driver lasts 6 years.

WrekinCrew

5,353 posts

170 months

Saturday 29th November
quotequote all
Mrr T said:
WrekinCrew said:
Mrr T said:
...Keeper liability has long expired...
I thought they had six years to claim. However most PCNs are not POFA compliant so they can only chase the driver, not the keeper.
A claim under POFA against the keeper must be made within 14 days. The potential for a claim against the driver lasts 6 years.
True but they will no doubt claim they posted it in time, it's deemed served (Interpretations Act) and you can't prove it didn't arrive.

carl_w

10,161 posts

278 months

Saturday 29th November
quotequote all
WrekinCrew said:
True but they will no doubt claim they posted it in time, it's deemed served (Interpretations Act) and you can't prove it didn't arrive.
The last one I successfully appealed, the date of issue on the notice itself was more than 14 days after the date of the event (also on the notice). They could automate this but I assume they send their speculative invoice on the basis that many people will cough up.