Another parking fine thread

Big Chris

Big Chris

Big Chris

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Joined
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Location
Bloxham
Got a parking ticket on Friday from a private parking company - I was parked in a space at the office opposite to mine which we're allowed to park in, but my parking permit wasn't in the window as I'd driven a different car the previous day and forgot to move it back to my car.

Totally my fault I know, but I've appealed anyway saying that I am allowed to park there but just made an honest mistake in forgetting to put my permit in the window. Given this is a private company who will get £60 in 14 days or £100 in 28, are my chances of them letting me off pretty much chuff-all?
 
Tell them to issue a POPLA case reference number to pursue further (this will cost them £27.50, if they do go that route).

Their genuine pre estimate of loss is £0.00, provided that what you said is correct about being allowed to park there.

Damages can only be for genuine pre-estimate of loss, they cannot be punitive.

Do not pay.
 
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Also, speak to the company who actually owns the car park. They will be able to get it cancelled. (Whether they will actually do it for you is another matter).
 
wingman said:
Tell them to issue a POPLA case reference number to pursue further (this will cost them £27.50, if they do go that route).

Their genuine pre estimate of loss is £0.00, provided that what you said is correct about being allowed to park there.

Damages can only be for genuine pre-estimate of loss, they cannot be punitive.

Do not pay.
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Not sure I follow this, can you dumb it down for me? :p

It's a company car so they'll chase the company and not me sadly, otherwise I probably would just ignore it.

cheechm said:
Also, speak to the company who actually owns the car park. They will be able to get it cancelled. (Whether they will actually do it for you is another matter).
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Not a bad idea actually, although I expect they'll just tell me to go direct to the parking people - which I have.
 
Big Chris said:
Not sure I follow this, can you dumb it down for me? :p
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Essentially, the charges they are trying to impose on you do not correlate with what the company has actually lost, or believes it has lost, by you parking where you did.

There was no financial "loss" from their side as you had, and always had, the right to park in that space.

Damages can only be awarded for "genuine" losses, i.e. those that have naturally arisen from the breach of contract. £60.00 charges do not relate to the financial cost they have incurred for you parking there. The financial cost they have incurred for you parking where you did was/is £0.00.

Remember at all times that these types of company are, for the most part, scum.

The rules changed in October 2012 with regards to simply "ignoring" these fines. It's not the done way anymore thanks to The Protection of Freedoms Act 2012. More can be read here if you're really, really bored. But your e-mail/letter response to the company should read "I intend to appeal this parking charge, there is no loss to your company, I had the rights to park there, if you wish to pursue further please issue a POPLA case reference".

And when they come back arguing that you're not appealing, that's where the fun begins! :)
 
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If it's a company car, I think you might be stuffed. Pretty sure the lease company will just pay the charge and then come after you for reimbursement :(

Might not be true, but I think this is what happened at a couple of company car owners at my old company.
 
cheechm said:
Also, speak to the company who actually owns the car park. They will be able to get it cancelled. (Whether they will actually do it for you is another matter).
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Do this.

I parked in my mate's pub carpark, it was staff only etc. He called them up and voided my ticket for me.
 
I have a feeling they'll just say that it's my fault for not displaying a valid permit - regardless of whether I was allowed to park there or not. I actually work for the leasing company themselves (in IT) so my internal fleet dept will just come directly to me if I try and challenge it beyond this initial appeal and they get a letter asking for payment.

I'll wander over there this avo and see what's what.
 
It is your fault, but the point you missed is that they suffered no financial loss, so they can't actually claim anything... If it was pay and display they could argue that they lost the equivalent amount from a paying customer, but that's not the case here.
 
Big Chris said:
I have a feeling they'll just say that it's my fault for not displaying a valid permit - regardless of whether I was allowed to park there or not.
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Of course they will say that. They only survive and thrive because of the small % of people that actually end up paying them.
 
Indeed. As wingman said, if they reject your appeal, then have them refer it to POPLA. I'm not sure if there are any test cases for these circumstances purely because I don't think this could ever reach a court.

While they may have something in their terms & conditions, as others have said, they have not actually suffered financial loss.

To sum up: do not pay the fine. You cannot and will not have to pay anything at all.
 
I like the sound of this so far if they reject my appeal, however the fact that they'll chase the company and not me as they own the car might be my downfall? On the form I filled in to appeal I gave my work address and email as it's their car.
 
I guess I'll just have to wait and see then. I did the appeal online and it said they'd be in touch 'soon'. I'll report back when they do and we'll go from there!
 
Had a response from the parking people today. Since I last posted, I spoke to the Manager of the office who owns the car park I was fined in, he said he'd give the parking people a ring himself as he thought the ticket was unreasonable. Even with that and my appeal detailing that I was legitimately allowed to park there, they've rejected it and told me to cough up the £60 :(

I spoke to the internal fleet guys here (I work for a car leasing company) and they've suggested not to persue it any further as previously the company has been dragged into it and the bigwigs don't look too favourably on it.
 
Big Chris said:
I spoke to the internal fleet guys here (I work for a car leasing company) and they've suggested not to persue it any further as previously the company has been dragged into it and the bigwigs don't look too favourably on it.
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As in they've told you just to pay it and stop trying appeal? Or just to forget about it?
 
Big Chris said:
Had a response from the parking people today. Since I last posted, I spoke to the Manager of the office who owns the car park I was fined in, he said he'd give the parking people a ring himself as he thought the ticket was unreasonable. Even with that and my appeal detailing that I was legitimately allowed to park there, they've rejected it and told me to cough up the £60 :(

I spoke to the internal fleet guys here (I work for a car leasing company) and they've suggested not to persue it any further as previously the company has been dragged into it and the bigwigs don't look too favourably on it.
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Obviously you have to consider the impact of your work situation so ultimately it may be better to (grudgingly pay it). But a private company cannot pursue you for a fine. As mentioned above they can only pursue you for a genuine financial loss that occurred because of your actions. have you asked them for evidence of how they estimate the loss to be £60?

EDIT: How about offering them a token £5 or £10 for the admin costs they have incurred and seeing what they say?
 
Haggisman said:
As in they've told you just to pay it and stop trying appeal? Or just to forget about it?
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They've told me to pay it.

Hades said:
Obviously you have to consider the impact of your work situation so ultimately it may be better to (grudgingly pay it). But a private company cannot pursue you for a fine. As mentioned above they can only pursue you for a genuine financial loss that occurred because of your actions. have you asked them for evidence of how they estimate the loss to be £60?

EDIT: How about offering them a token £5 or £10 for the admin costs they have incurred and seeing what they say?
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The problem is, that they're contacting the fleet team at work and not me. The fleet team have advised that in the past, people who've tried to dispute parking/speeding charges in company cars have got themselves into strife with people higher up. I would gladly make a POPLA appeal otherwise, asking them to justify the £60 fine - but I don't want to ruffle any feathers at work by dragging them into it.
 
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