Omega Owners Forum

Chat Area => General Discussion Area => Topic started by: Webby the Bear on 03 January 2018, 19:42:54

Title: Parking fine help...
Post by: Webby the Bear on 03 January 2018, 19:42:54
Hi guys, happy new year  :y

Hoping you can help.

Wifey parked in an MK car park run by a "Napier Parking". As a good wifey she purchased a parking ticket.

Two weeks later we get a letter with a parking fine lol anyways it appears the reg. was incorrect by a letter. Wifey had to input the reg. herself hence the slight error. Anyways we sent proof we'd paid our ticket fee and they have declined our appeal! I mean come on, surely someone has a ounce of common?!?

Anyway they've progressed this to a debt recovery solicitor.

I've sent a very snotty email demanding immediate removal of the fines which has now increased to £200

However should we be worried or is this just a dodgy company trying it on?

Your input very much appreciated 😀👍👍👍

Title: Re: Parking fine help...
Post by: STEMO on 03 January 2018, 19:51:45
https://www.moneysavingexpert.com/reclaim/private-parking-tickets
Title: Re: Parking fine help...
Post by: Webby the Bear on 03 January 2018, 20:05:48
Thanks for that uncle stemo.

As said I've sent an email refusing to pay. Is it likely in anyone's experience that they'd actually stick to their guns and take us to court?
Title: Re: Parking fine help...
Post by: Migv6 le Frog Fan on 03 January 2018, 20:11:10
If they can see you have a reasonable defence, they would be stupid to take you to court. Probably hoping to intimidate you into paying up.
Title: Re: Parking fine help...
Post by: STEMO on 03 January 2018, 20:11:52
Thanks for that uncle stemo.

As said I've sent an email refusing to pay. Is it likely in anyone's experience that they'd actually stick to their guns and take us to court?
Probably not. But why not tell them you’d be glad to go to court? Their appeals process is non-existent, they never find in your favour. A court would see it differently. They know it, and it would cost them.

Does the letter from the ‘debt recovery solicitor’ actually threaten court action?
Title: Re: Parking fine help...
Post by: Field Marshal Dr. Opti on 03 January 2018, 20:17:42
More for TB's cull list.

Parasites.
Title: Re: Parking fine help...
Post by: STEMO on 03 January 2018, 20:20:12
More for TB's cull list.

Parasites.
These people pray on fear and ignorance and, while it’s not wise to ignore them if you have transgressed, you really have nothing to fear if you are in the right and can prove it.
Title: Re: Parking fine help...
Post by: Webby the Bear on 03 January 2018, 20:23:34
Thanks boyos. You've confirmed exactly what I've thought. And luckily wifey kept the ticket and all paperwork.

Stemo... we are clearly similar. I've informed them I've contacted the police and if they don't remove these charges within 48 hours I'll be instructing my solicitor to sue for damages!!!  :y
Title: Re: Parking fine help...
Post by: STEMO on 03 January 2018, 20:29:09
Thanks boyos. You've confirmed exactly what I've thought. And luckily wifey kept the ticket and all paperwork.

Stemo... we are clearly similar. I've informed them I've contacted the police and if they don't remove these charges within 48 hours I'll be instructing my solicitor to sue for damages!!!  :y
No, Steve, no. They know the police aren’t interested and they know you’re not about to pay for a solicitor. There’s just no need to. You should just say that you’re not willing to pay and you await their decision.
Title: Re: Parking fine help...
Post by: Webby the Bear on 03 January 2018, 21:11:36
Thanks boyos. You've confirmed exactly what I've thought. And luckily wifey kept the ticket and all paperwork.

Stemo... we are clearly similar. I've informed them I've contacted the police and if they don't remove these charges within 48 hours I'll be instructing my solicitor to sue for damages!!!  :y
No, Steve, no. They know the police aren’t interested and they know you’re not about to pay for a solicitor. There’s just no need to. You should just say that you’re not willing to pay and you await their decision.

Yes but they'd already declined my appeal. And I'm a stubborn arse so yes I'd definitely take them to court. I'd rather they removed the charges. But I will if I have to.
Title: Re: Parking fine help...
Post by: Webby the Bear on 03 January 2018, 21:13:34
If they want proof of my persistence and that I'm a nut case I'll simply send them a copy of the 0-60 thread 😂😂😂😂😂
Title: Re: Parking fine help...
Post by: Bigron on 03 January 2018, 21:17:22
 ;D ;D ;D ;D ;D :y 8)
Title: Re: Parking fine help...
Post by: Kevin Wood on 03 January 2018, 23:02:41
Thanks boyos. You've confirmed exactly what I've thought. And luckily wifey kept the ticket and all paperwork.

Stemo... we are clearly similar. I've informed them I've contacted the police and if they don't remove these charges within 48 hours I'll be instructing my solicitor to sue for damages!!!  :y
No, Steve, no. They know the police aren’t interested and they know you’re not about to pay for a solicitor. There’s just no need to. You should just say that you’re not willing to pay and you await their decision.
Yep, agreed. Don't make any threats, just re-iterate that you are appealing against the fine.
Title: Re: Parking fine help...
Post by: Field Marshal Dr. Opti on 04 January 2018, 10:29:55
Thanks boyos. You've confirmed exactly what I've thought. And luckily wifey kept the ticket and all paperwork.

Stemo... we are clearly similar. I've informed them I've contacted the police and if they don't remove these charges within 48 hours I'll be instructing my solicitor to sue for damages!!!  :y

Gawd help you.
Title: Re: Parking fine help...
Post by: Marks DTM Calib on 04 January 2018, 11:35:40
Do a quick Google of the claims company, its often owned by the same company as runs the parking outfit.....the legal letters you then get are often also from a legal outfit owned by the same.....
Title: Re: Parking fine help...
Post by: Mr Gav on 04 January 2018, 17:54:05
Put a post on pepipoo and see where it leads you, very good advice on there  ;)

They will tell you when and how to respond and when not to.
Title: Re: Parking fine help...
Post by: Webby the Bear on 04 January 2018, 20:37:31
Once again thanks for all your input 👍

We will see what happens. The "solicitors" that it's now been passed to are registered with the FCA so I called them. They said because it's a non regulated charge I should go to the Credit something agency. I'll talk to them tomorrow.

I suppose the other option is taking a trip to mk and hurting some people 😂😂😂

(That was a joke)
Title: Re: Parking fine help...
Post by: Kevin Wood on 05 January 2018, 10:03:16
Just hold on to the evidence you have and ignore it. I'd say it's unlikely that you'll hear any more once they realise you aren't going to cave in.
Title: Re: Parking fine help...
Post by: YZ250 on 05 January 2018, 10:30:24
When I received my latest (and hopefully last) speeding fine the vehicle registration on the paperwork was wrong, showing an 'F' instead of an 'E'. I paid the fine with no quibbles but was curious how I would have stood regarding the wrong letter.
I went on PepiPoo and enquired if this was worth raising as a technicality, as the wrong letter was on the officers booking slip as well, so all of the paperwork carried the wrong letter. I should add that I was stopped at the scene so there was no denying that it was me in my vehicle.
I was advised that if it went to court, the court would overlook the wrong letter as a slight admin error, calling it the 'slip rule'. 
Surely in this case your wife made a slight admin error, so she should be able to use the 'slip rule' if it goes any further. After all, if it's good enough for the courts to use that as an excuse then surely your wife can use it in reverse.
The fact is, you paid for a space and can prove it in court so what more do they want. This is all an admin bullshit exercise on their part. What would their claim be?
Title: Re: Parking fine help...
Post by: Webby the Bear on 05 January 2018, 14:53:04
Thanks YZ. I'm going to wait for a reply but I've got loads of ammo now
Title: Re: Parking fine help...
Post by: LC0112G on 05 January 2018, 15:40:32
When I received my latest (and hopefully last) speeding fine the vehicle registration on the paperwork was wrong, showing an 'F' instead of an 'E'. I paid the fine with no quibbles but was curious how I would have stood regarding the wrong letter.
I went on PepiPoo and enquired if this was worth raising as a technicality, as the wrong letter was on the officers booking slip as well, so all of the paperwork carried the wrong letter. I should add that I was stopped at the scene so there was no denying that it was me in my vehicle.
I was advised that if it went to court, the court would overlook the wrong letter as a slight admin error, calling it the 'slip rule'. 
Yes, because the registration of the car is irrelevant to the actual offence. For speeding the driver commits the offence, not the car. Unless you are able to cast some doubt as to the identity of the driver or the reliability of the officer, then the reg doesn't matter. You state "no denying that it was me in my vehicle", and no doubt they'd have called the rozzer to identify you if you had tried anything on.

Surely in this case your wife made a slight admin error, so she should be able to use the 'slip rule' if it goes any further. After all, if it's good enough for the courts to use that as an excuse then surely your wife can use it in reverse.
The fact is, you paid for a space and can prove it in court so what more do they want. This is all an admin bullshit exercise on their part. What would their claim be?

I agree, but you still need to be careful. This is civil contract law, not criminal. Different rules apply and it can get expensive to prove your innocence if you don't play the game correctly.  They can try to claim the the contract your wife entered into when parking there required her to first enter the reg-no. She didn't do that (correctly), so the contract is void, and she therefore parked there without the terms of the contract, and signs say doing so require the payment of a squillion quid. Barking I know, but these parking companies are scam artists of the worst kind and will do anything they can to screw over people.
Title: Re: Parking fine help...
Post by: STEMO on 18 January 2018, 06:54:48
Any further updates on this?
Title: Re: Parking fine help...
Post by: Rods2 on 18 January 2018, 12:25:09
Any further updates on this?

Did he opt for their parking awareness course? If so, he is probably in their correctional Gulag in darkest winter Siberia right now. :o :o :o
Title: Re: Parking fine help...
Post by: Mr Gav on 18 January 2018, 12:44:57
Any further updates on this?

It will be just waiting game now to see if they take it any further.

I`m still waiting for UKCPS to take me to court, although I think the e-mail from York City Councils head of parking might have deterred them a bit  ;D