[Help] Parking fine advice required

[Bedsex]

I received a PCN in December 2017 from Britannia Parking. Basically my wife had parked in a multi-storey car park to do some Christmas shopping, she paid for all day parking (or thought she had), but received a letter from Britannia saying she hadn’t paid for the duration of her parking. The tariff was £1.80 for 3 hours and £3.50 for all day, but we were given evidence that she had only paid £3.00 and had stayed for 4 hours. I appealed, stating that it was clearly not her intention to pay for 3 hours parking, if that was the case, why would she have overpaid by £1.20 and I suggested that the additional 50p must have got stuck in the payment machine without her realising. My appeal was rejected on the grounds that it was her responsibility to check that she had paid for the relevant parking. Based on previous advice (both from NSC and moneysavingexpert) I politely explained that I didn’t believe the fine was reasonable. There have been a series of law firms that have written to us over the course of the last 3 years, each time I have responded similarly. I was at one point also provided with the data from the parking machine, which interestingly showed that the person who paid after my wife paid £4 (rather than the £3.50 tariff for all day parking). Unfortunately we haven’t had any success and today have received a claim form issued by the County Court.

My wife has told me that she’s had enough of my petty games now and wants to pay up, but I am reluctant to fold now. However I don’t want to put her in a position where she ends up with a county court judgment against her. Any ideas what I should do next? I have to act fairly quickly as the county court claim form requires a response within 14 days.

 

[Herr Tubthumper]

If the wife wants to pay why stand in her way? Happy wife, happy life?

 

[Goldstone1976]

If the wife wants to pay why stand in her way? Happy wife, happy life?

Nah. No surrender. The principle of not paying a parking fine/charge is clearly greater than any marriage.

 

[Bombadier Botty]

Weigh up the cost of sucking it up and just paying it, as petty as it is on their part, against the health and welfare/mental wellbeing cost to yourselves if you continue to fight it. Good luck either way.

 

[Sarisbury Seagull]

Pay it. You really don't want a CCJ against her name.

 

[PILTDOWN MAN]

Fight it

http://https://www.parkingcowboys.co.uk/county-court-judgement-ccj/

 

[PILTDOWN MAN]

Pay it. You really don't want a CCJ against her name.

That’s misinformation you do not get a CCJ for going to court if you lose, you pay up.

 

[elwheelio]

Whatever you get paid, work it out as an hourly rate and apply it to the time you spend, and have spent, dealing with this. If that "cost" outweighs the fine, pay the fine. Life's too short IMHO.

 

[AmexRuislip]

I received a PCN in December 2017 from Britannia Parking. Basically my wife had parked in a multi-storey car park to do some Christmas shopping, she paid for all day parking (or thought she had), but received a letter from Britannia saying she hadn’t paid for the duration of her parking. The tariff was £1.80 for 3 hours and £3.50 for all day, but we were given evidence that she had only paid £3.00 and had stayed for 4 hours. I appealed, stating that it was clearly not her intention to pay for 3 hours parking, if that was the case, why would she have overpaid by £1.20 and I suggested that the additional 50p must have got stuck in the payment machine without her realising. My appeal was rejected on the grounds that it was her responsibility to check that she had paid for the relevant parking. Based on previous advice (both from NSC and moneysavingexpert) I politely explained that I didn’t believe the fine was reasonable. There have been a series of law firms that have written to us over the course of the last 3 years, each time I have responded similarly. I was at one point also provided with the data from the parking machine, which interestingly showed that the person who paid after my wife paid £4 (rather than the £3.50 tariff for all day parking). Unfortunately we haven’t had any success and today have received a claim form issued by the County Court.

My wife has told me that she’s had enough of my petty games now and wants to pay up, but I am reluctant to fold now. However I don’t want to put her in a position where she ends up with a county court judgment against her. Any ideas what I should do next? I have to act fairly quickly as the county court claim form requires a response within 14 days.

Paging [MENTION=18265]LadySeagull[/MENTION]

 

[Eric the meek]

Is it actually your decision anyway? Isn't it your wife's decision? You've both had this hanging over you for three years. I'm guessing here, but I suspect that this may be mainly down to you, and not your wife. Now, after three years of aggro, your wife is threatened with a CCJ. Think mortgages, loans, credit cards, mobile phones, tenancies, and yes, employment. All of them could be adversely affected. Let it go, pay up and enjoy the important things in life, like the footie and your marriage.

 

[Springal]

Does 'admitting' to being there now not make fighting it a bit more difficult

 

[PILTDOWN MAN]

Is it actually your decision anyway? Isn't it your wife's decision? You've both had this hanging over you for three years. I'm guessing here, but I suspect that this may be mainly down to you, and not your wife. Now, after three years of aggro, your wife is threatened with a CCJ. Think mortgages, loans, credit cards, mobile phones, tenancies, and yes, employment. All of them could be adversely affected. Let it go, pay up and enjoy the important things in life, like the footie and your marriage.

Again you don’t get a CCJ if the judge decides in their favour you pay the fine, that’s it. If you fail to pay in one months then a CCJ will go on record.

It’s the miss information that causes the fear factor.

 

[Justice]

Your wife sounds sensible they have evidence pay and move on.

 

[T.G]

Don't pay it just encourages their unscrupulous practices! Firstly don't let them know who the driver was. Secondly if you take this to POPLA you will probably win the case. However, POPLA have suspended all appeals and if you do appeal then the fine is put on hold until they are ready to arbitrate again. I would take advice from Ladygull, who has far more knowledge than me to look at the merits of your case.

 

[Audax]

I was at one point also provided with the data from the parking machine, which interestingly showed that the person who paid after my wife paid £4 (rather than the £3.50 tariff for all day parking). Unfortunately we haven’t had any success and today have received a claim form issued by the County Court.

I'm not a lawyer, or a judge, but if I was presented with this case and the evidence you've indicated above ... I'd be telling the parking company where to stick their fine.

 

[Live by the sea]

Whatever you get paid, work it out as an hourly rate and apply it to the time you spend, and have spent, dealing with this. If that "cost" outweighs the fine, pay the fine. Life's too short IMHO.

Absolutely agree. It can be very annoying I accept but life’s too short . Avoid unnecessary stress .

 

[CheeseRolls]

Given the backlog in the courts this is highly unlikley to get a date set any time soon. This of course works both ways, it will be hanging over you for a very long time, if you can both cope with this.

Should it come to court, the only slim chance they have of winning is if you ignore all the proceedings. Pursuing some poor punter for 50p will not be seen as a good use of court time.

 

[PILTDOWN MAN]

Your wife sounds sensible they have evidence pay and move on.

I need £1000, Please pay me.

Thought not.

Don't give in to bullies.

 

[Jack Straw]

Regardless of principles, go for the easy life.
I always make sure I'm "Up on the deal in life" in situations like this. As long as your head is happy, you should be.
An example of what I mean;
Recently, I got a fine for driving my car in a bus lane. I paid it. I was £ 30 or whatever it was. I'm now £ 30 down on the deal.
I then think of an occasion or occasions when I've been up on the deal, ie got a nice discount on a purchase. If this is more than the fine, you're "Up on the deal". Happy head, happy you.

 

[mickybha]

If it was me having gone this far I would have to see it out, they may not even turn up for any hearing