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Author: Subject: Unfair Parking Fine. Do I have to Pay??
dan8400

posted on 10/5/13 at 06:21 AM Reply With Quote
Unfair Parking Fine. Do I have to Pay??

Hi,

I was on my honeymoon last week in Cornwall. We spent a day in Newquay. As the day was drawing to a close we took the car down to Fistral beach. We only parked for 16 minutes (according to the parking fine). We just looked out to sea for a few minutes. We didn't leave the car or stop the engine.

Yesterday, I got a fine for £100 (or £60 if we pay quickly). Stating the time and date and duration of the stay. The car park was empty apart from us

Is this fair?? 16 minutes!!

Opinions please

Thanks
Dan





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Agriv8

posted on 10/5/13 at 06:33 AM Reply With Quote
Is it council or private car park ? Have you called them to discuss ?

I had one issued by Harrogate that I though I had an hours free parking. It was free but you needed to display a parking disk time thing. Wifey called and expalined why we thought we got an hours free parking and they ripped up the ticket.

PS congrats on getting married

ATB Agriv8





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dan8400

posted on 10/5/13 at 06:38 AM Reply With Quote
Hi, thank you. We are very happy

It is a company called 'Parking Eye' I haven't spoken to them yet. I have heard of these scam car park things but was unsure if this was one. I am annoyed that we weren't there long and didn't get out of the car.

I can post a picture of the letter if it helps anyone identify a scam for me??

Thanks
Dan





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john_p_b

posted on 10/5/13 at 06:45 AM Reply With Quote
parking eye are a complete bunch of chancers who don't have a legal leg to stand on.

worry about it no more.





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mookaloid

posted on 10/5/13 at 06:49 AM Reply With Quote
Have a Google for parking eye. The chances are that they won't be able to prove that you have a contract with them so Iyou don't have to pay. They are not allowed to fine you.
The best advice seems to be to ignore the letter





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Ben_Copeland

posted on 10/5/13 at 07:10 AM Reply With Quote
If its council pay it, anyone else its not worth the paper its printed on.

They cant do anything, all they'll do is send you a few demanding letters then give up.

Ignore it, dont respond and theres less chance of them hounding you.





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adithorp

posted on 10/5/13 at 07:16 AM Reply With Quote
Ignore and then ignore the threats of court action. Evevntually they'll give up and go away.

There's an Aldi next to work where they have the contract. They sent me one with several hours parking claimed. In reality I drove through the car park in the morning and then again in the afternoon They used the photo fom me arriving AM and the one from me leaving PM...





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Doctor Derek Doctors

posted on 10/5/13 at 07:17 AM Reply With Quote
Private parking fines are meaningless, just ignore it.





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BenB

posted on 10/5/13 at 07:18 AM Reply With Quote
I'd reply saying you were searching for the change to pay their exorbitant parking prices before deciding you hadn't got enough and therefore left
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mookaloid

posted on 10/5/13 at 07:32 AM Reply With Quote
quote:
Originally posted by BenB
I'd reply saying you were searching for the change to pay their exorbitant parking prices before deciding you hadn't got enough and therefore left


This would not be advisable as you would be admitting that you were there and driving the car. Best advice is to ignore the it.





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Irony

posted on 10/5/13 at 07:50 AM Reply With Quote
Always always always pay parking fines if there from a council. I once received a parking fine for a car I'd written off 8 months previously. I had to fight tooth and nail to get my way and prove it wasn't me. Eventually I had to get a Lincolnshire County Court Judgement on Sefton City Council to get them to leave me alone. They sent Bailiffs round my house and everything.

If its a company then I'd do some googling and think about it.

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mookaloid

posted on 10/5/13 at 08:10 AM Reply With Quote
Have a look here http://forums.pepipoo.com/index.php?showtopic=46975





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owelly

posted on 10/5/13 at 08:44 AM Reply With Quote
It's been covered on here a few times but in short: ignore all letters and threats. Do not respond in any way.
Here's one of my responses to previous query:
I've had several letters from a private parking enforcement agency (Parking Eye) and they too sent a letter showing the car going in and out of the car park. After much tweb research, I've decided to ignore the letters. There's plenty of info but as long as it's not a council owned car park, then the 'penalty' is un-enforcable. So far, I've had three threatening letters and the 'fine' has gone from £50 up to £100 and they've threatened me with the next step which is a debt collection company. The only person collecting any debt from me will be a bailiff that has been appointed by a court. The Parking Agency can only take me to court to recover the cash value my overstay accrued. As it was a free car park, that's nothing so they'll never take it to court. I'm sitting tight. 

I did sit tight. Right through the demands from the debt collectors and they gave up.





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Litemoth

posted on 10/5/13 at 10:27 AM Reply With Quote
If it's from a private company and not a government agency then it's an 'invoice' and not legally enforceable and is arguably very dubious practice that should be resisted and tackled at government level.

My experience went something like this:

* Pretend 'fine' demand sent apparently identifying me as the driver of vehicle that parked for too long in car park - they offered a discount if I pay within 'x' days


* ..another letter sent demanding full amount with no discount - threats of court and taking your first born child etc...
* ..another letter sent saying that they'll pass on to debt collection agency with possible court action
* ..another letter sent from pretend debt collection agency demanding money and threatening court action and credit rating downgrading etc
* ..another letter sent from pretend solicitors threatening court action
* ..another letter sent from original company offering to settle for a 'lesser amount'
* ..silence...



Several weeks pass between letters and use attrition to grind people down.

Make no attempt to contact them otherwise you'll be identified as someone rattled and a sucker and will doubtless get inundated by extra letters making demands.


If it's from a government body then it will be made clear to you and there'll be a proper appeals process in place which will be plainly explained in the paperwork.



[Edited on 10/5/13 by Litemoth]

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dan8400

posted on 10/5/13 at 12:37 PM Reply With Quote
Thank you for all the replies so far. May I ask you all to read my original post again. I didn't pay to park in the first place but only stayed for 16 minutes. I did not leave the car or stop the engine. Have they got any grounds to fine me?

I didn't see a warden so assumed I could park for a few minutes. Didn't seem worth staying as I didn't want an ice cream or a surf board!

Thanks
Dan





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Litemoth

posted on 10/5/13 at 01:02 PM Reply With Quote
You should have paid. No argument.

The issue is: Do you feel the fine is proportional and fair?

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mookaloid

posted on 10/5/13 at 01:07 PM Reply With Quote
quote:
Originally posted by dan8400
Thank you for all the replies so far. May I ask you all to read my original post again. I didn't pay to park in the first place but only stayed for 16 minutes. I did not leave the car or stop the engine. Have they got any grounds to fine me?

I didn't see a warden so assumed I could park for a few minutes. Didn't seem worth staying as I didn't want an ice cream or a surf board!

Thanks
Dan


I had considered this. If you want to ease your conscience you could send them a cheque for the amount you should have paid. Write on the front of the cheque"in full and final settlement" In the unlikely event that it did go to court, the court could ask you to pay the original parking fee. However don't pay the invoice (penalty) because they can't enforce that.





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Confused but excited.

posted on 10/5/13 at 01:29 PM Reply With Quote
As I see it, you were 'stopped' with the engine running and in the vehicle, therefore not parked at all. so don't stress over it.





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dan8400

posted on 10/5/13 at 02:18 PM Reply With Quote
quote:
Originally posted by Confused but excited.
As I see it, you were 'stopped' with the engine running and in the vehicle, therefore not parked at all. so don't stress over it.


As in 'ignore it altogether' or 'send them the ticket price' ?

I must sound dumb lol. Don't really want pay £60 but also don't want to be in s**t

aaarrrggh





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jase380

posted on 10/5/13 at 04:28 PM Reply With Quote
Just ignore it, I've had a couple from parking eye in the past both while parked on retail parks while shopping with the other half. They'll send 5 or 6 letters threatening court action, debt collectors etc but go away eventually. Don't make any contact at all as once they get a reply they'll hound you to death. As in some of the above post's, google will give you all the info you need.
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Ben_Copeland

posted on 10/5/13 at 04:41 PM Reply With Quote
quote:
Originally posted by dan8400
quote:
Originally posted by Confused but excited.
As I see it, you were 'stopped' with the engine running and in the vehicle, therefore not parked at all. so don't stress over it.


As in 'ignore it altogether' or 'send them the ticket price' ?

I must sound dumb lol. Don't really want pay £60 but also don't want to be in s**t

aaarrrggh


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Proby

posted on 10/5/13 at 05:57 PM Reply With Quote
Ignore it! They tried it with me (or the wife even) when she parked on a local supermarket car park. The car is registered in my name, so I got the correspondence. I took advice and kept ignoring it. They pestered me for 6 months, threatening court action, sending letters threatening bailiffs, I bit my tongue and eventually they gave up. The have no legal leg to stand on.





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