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Hi,

Wonder if anyone can help me?

Yesterday, I received a parking fine for £50 after allegedly parking in a disabled bay at a europarks car park. I had to collect a PC, a large heavy box, and so stopped the nearest I could to the store. I had 3 work colleagues with me and 2 of us went into the store whilst the 3rd stayed with the car. I `parked` at 16.15 and returned to my car at 16.18, as I was reversing a bloke practically jumped on my bonnet and rammed a screwed up piece of paper under the windscreen wiper with such force that it is damaged!! I stopped and my colleague got out to see what it was and we were all gobsmacked to discover it was a fine! Please can anyone advise me what I should do? The ticket shows the time as 16.13 till 16.18 which is wrong. I have got to take my car to mercedes on Tuesday to ask about the cost of fixing the windscreen wiper.

I have an unblemished driving record of 20 years and cannot believe the absurdity of this!!!!!

Mandy

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Hi,

Wonder if anyone can help me?

Yesterday, I received a parking fine for £50 after allegedly parking in a disabled bay at a europarks car park. I had to collect a PC, a large heavy box, and so stopped the nearest I could to the store. I had 3 work colleagues with me and 2 of us went into the store whilst the 3rd stayed with the car. I `parked` at 16.15 and returned to my car at 16.18, as I was reversing a bloke practically jumped on my bonnet and rammed a screwed up piece of paper under the windscreen wiper with such force that it is damaged!! I stopped and my colleague got out to see what it was and we were all gobsmacked to discover it was a fine! Please can anyone advise me what I should do? The ticket shows the time as 16.13 till 16.18 which is wrong. I have got to take my car to mercedes on Tuesday to ask about the cost of fixing the windscreen wiper.

I have an unblemished driving record of 20 years and cannot believe the absurdity of this!!!!!

Mandy

 

What you should do is go on the offensive. Euro Car Parks and lots of other Private Car Park companies have taken it upon themselves to issue fines in imitation of councils and police who can issue fines. The Parking Companies claim to be acting under "implied contract". They "enforce" these fines by writing intimidating letters and using debt collection agencies who sucker people into paying, believing they are in some way official.

 

When Parking Companies do try to use the courts to enforce these ridiculous claims, they can come unstuck, as in this case.

 

Judge says Excel parking fines illegal - Mansfield Chad

 

You saw the Parking Attendant damage your wiper blade, you have witnesses. In your position I'd write to Euro Car Parks, enclosing a copy of the quotation, invoice for the damage and demand payment. If they refuse then make a claim through Money Claim Online [small claims section of County Court].

 

Defending Euro Car Parks claim against you is a separate matter. Because of your own claim you may not want to go down the Driver not the Registered Keeper route but the proposed charge is virtually certain to be deemed an unenforceable penalty in any event.

 

You may find these links useful.

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/65341-private-parking-companies-charges.html

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/119802-private-parking-tickets-template.html

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Thanks for the quick response.

I dont want to be in the position of the fine escalating if it is not paid within 14 days, so should I pay and then take further action?

My work colleagues are happy to act as witnesses.

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You will NEVERsee your money again if you do pay, then 'appeal'. The 'appeal' process is in house with most companies, and 99.99% of people get the standard 'it was issued correctly, thanks for the money' type response.

 

Dont send them any dosh - its up to you if you decide to initiate contact with them, usually the answer from here is to wait until they get your details from the DVLA. But in this case, it might be worth writing to them, asking them to pay for the damage to your windscreen wiper, caused by their employee.

All opinions & information are the personal view of the poster, and are not that of any organisation, company or employer. Any information disclosed by the poster is for personal use only. Permission to process this data under the Data Protection act is NOT GIVEN to any company, only personal readers.

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What I am finding really annoying is the fact that the times on the ticket are different to the actual time I arrived and departed. There were numerous empty disabled parking bays and whilst I admit I did use a disabled bay it was only because of the size and weight of the item I was collecting.

It had been paid for and I had phoned to check it was ready for me literally to just put straight into the boot. It took in total 3 minutes from pulling up, to running into the store and then starting to reverse. My colleagues and I were all in uniform and all of our watches read the same time.

I find it unbelievable that a penalty notice is issued under these circumstances. After reading into this forum I am now prepared to not pay and defend my position.

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What I am finding really annoying is the fact that the times on the ticket are different to the actual time I arrived and departed. There were numerous empty disabled parking bays and whilst I admit I did use a disabled bay it was only because of the size and weight of the item I was collecting.

Just for the record - On private land a disabled bay has no more validity than any other road markings on private land and that is no validity. So their argument that you were parked in a disabled bay is totally ridiculous - aside from any alleged contractural breach.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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You saw the Parking Attendant damage your wiper blade, you have witnesses. In your position I'd write to Euro Car Parks, enclosing a copy of the quotation, invoice for the damage and demand payment. If they refuse then make a claim through Money Claim Online [small claims section of County Court].

 

I believe all the elements of causing criminal damage are present in this incident.

I would also consider reporting the matter to the police.

 

Another option is to report the damage as a claim to your insurance company who may well pursue the third party on your behalf.

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  • 2 months later...

I have now received 2 quite threatening demands for payment, totalling £94.00. I have not acknowledged either. What course of action should I now take?

My car was actually stolen a week after this alleged parking offence so have had far more pressing matters to deal with!

Thanks

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