Parking Ticket Dispute

[Canax]

Good evening Swarb. Thank you for taking the time to read my post.

Several weeks ago I received a letter at my home: The letter explained that I had been issued a parking ticket two months earlier, and as I had failed to pay the fine within the deadline, I was to pay a substantially larger sum of money, with the potential threat of bailiffs.

I was shocked. It amazed me that I could have received a parking ticket and not been made aware of it until now. I was not happy, and decided to investigate.

The location was on private land, at a shopping park. The fine was for not parking within the lines (Sorry!).

I contacted the company issuing me the ticket. They explained a ticket had been placed on my car, and a photograph had been taken as evidence. However, I would have expected correspondence to be sent to my home, as a piece of paper attached to my windscreen can easily go unnoticed/missing. The company informed me that they do not sent correspondence by mail upon the issuing of a parking ticket.

The company in question is a member of the The British Parking Association. I contacted the British Parking Association and detailed the situation. I was told it was part of their code of conduct that all fines must be issued with notice via the post, and that all of their members must abide by their rules.

I have told the company that I accept my parking ticket (and I have had a cheque I sent for the initial amount returned to me), but I do not accept my fine for a late payment. The whole situation seems crazy to me: Hypothetically, the company could photograph a ticket on my windscreen, then remove the ticket. Two months later and the company has substantially increased their takings with a late fine. I find it all very shady.

I have sought only free legal advice so far, and was hoping the people of this forum could offer me more opinions. The police have suggested I don't pay the fine, but then I run the risk of going to court and possibly an expensive loss.

I have omitted some detail for privacy and in an attempt to stick to the forum rules, but I feel what I have said is the main points to consider. If you feel I could elaborate on anything, please ask. My main frustration comes from what I consider to be very unprofessional standers, and not the amount of the fine. I do not believe a company should make more money based on their own incompetence.

I'm grateful of all feedback.

[dls]

The general thought on these is that you do not pay and leave them to sue. The 'general thought' is however no promise that they will not sue.

Your case is complicated since you made the offer to pay. That takes it out of the general run of cases.
The system is designed to persuade you that you are dealing with a heartless, unthinking computer which is incapable of doing anything other than ploughing on relentlessly.

You say that your cheque was returned. Why? Was your letter in time? Was it correctly addressed and stamped?

[stu1985]

Mistake 1 - accepting the fine and paying.

This has happened to me. They eventually get sick and tired and leave you alone.

There was case-law on private parking firms issuing fines recently - ParkingEye v Somerfield (?)

[dls]

See:

http://www.bailii.org/ew/cases/EWCA/Civ/2012/1338.html

I will be noting this up.

[stu1985]

I have an odd ability to remember case names and legislation :/

[Canax]

You say that your cheque was returned. Why? Was your letter in time? Was it correctly addressed and stamped?

I contacted a law firm, and was told the debt collection agency had to accept any money I was willing to pay.
I am prepared to pay my parking fine: I trust them that I was not parked correctly and I accept the penalty.

So I wrote a cheque for the charge of the parking ticket only (not the late fee), and mailed it correctly to the debt collection agency. The cheque was returned because it was not the full amount (ticket fee + late fee).

The parking eye case is an interesting read.

I'm finding it very hard to decide if I should fight this dispute or just pay the whole fine. Its worrying how these companies are allowed to operate, relying scare tactics.

Thank you both for offering me your thoughts.

EDIT: I would also like to point out I have not (since my cheque was not cashed) payed anything. Have my actions made me a target now? Would you say I am unable to ignore them and hope they will go away at this stage?

[faithless]

The only thing such a company can do is pursue a motorist through the courts. It will be a small claim, so they cannot recover their legal costs. They either have to employ a solicitor whose costs will come out of their bottom line, or they have to pay the salary of someone (who wouldn't need to be a solicitor) to do the litigation in house - so £20,000 p.a. which is a lot of fines recovered.

It's probably a bit harsh to say that they rely on 'scare tactics', but it is true that the business model is based on the interesting statistic that 30% of people will pay no questions asked and more will pay on receiving a reminder letter.

The answer for you is that a) you need to cheque what the signs said at the time, in case you need to argue that b) the terms - especially the one about increasing amounts for late payment (although this probably works as PCNs do by stating a 'fine' amount and offering a discount for early payment, which isn't the same thing) weren't made known to you before you parked, and c) wait until the company issues a claim and then consider paying it plus the fixed costs for issuing.

[billybunter]

"This is Money" has some excellent advice about such private car parking fines. Much of it is a bit late in the day really because you've pretty much admitted it.

http://www.thisismoney.co.uk/money/cars ... icket.html

[billybunter]

How exactly do these private firms obtain the contact addresses behind the registration numbers from DVLA?

[cbcbcb]

Just the way the world is I guess, I mean everyone is threatened a fine of £1000.00 if they don't fill in the census !

Pay up. Put it down to experience and accept how our world is.

Just my view.