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Hi

 

Between myself and my partner we've had 5 parking notices from a problem with a railway car park.

 

In all cases we have paid a fee using the app but a couple of problems:

 

1. Due to poor internet connectivity and busy trains we were unable to pay whilst on the train - we got to work to try there but after distractions forgot to pay BUT paid on the day and before we returned to the car. However due to the way the app works it charged the off peak rate and wouldnt allow a backdated payment on that day - we even phoned but they said couldn't be done - but we made sure we paid. Every other day we use it (3-4 per week) we have a good history of paying the right amount

 

2. My partner paid a fee on the app but selected the wrong vehicle

 

So a combination of user error - and poorly designed system we couldnt / didnt pay the correct fee - the difference is appx 70p

 

My partner has appealed to her 2 because they were for the wrong car so her car didnt have a valid ticket - my car was at home - but they got their fee on the day

 

On the ticket machine the fee is £4.00 on the day - we paid £3.70 on the app - both facing fines of £100 each - escalating to £170.

 

I'll post all the details here shortly using the questions but what are my options?

 

I've read up on Byelaw 14 - no real financial loss - and were prepared to go to court as the difference in what we paid and what was due is minimal.

 

I also had another fine for my car on the same day as my partner. I have proof I paid (which I've now sent them) and my partner also paid (it's one of the tickets described above) because she used the default car on the app. So even though 2 x tickets I still got a fine and intend to use that in defence of the other fines that their system is flawed.

 

If we had failed to pay I would have fewer issues but we did our best on a system designed to trap you

 

Advice greatly appreciated


Halifax Statements requested 21/7/06

Prelim letter to halifax recorded delivery 8/9/06 :eek:

Halifax received 11/9/06

LBA 26/09/06

Default letter & S10 to GE Capital Bank Ltd 8/9/06 :eek:

Reminder and LBA 9/10/06

GE received 12/9/06

 

Default letter & S10 to Capital Bank Plc 12/9/06

Acknowledge 15/9/06

 

Default letter & S10 to O2 (Uk) Ltd 12/9/06

Acknowledge 25/9/06

 

I may not be in full control yet but enjoying the battle to get control!

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The experts will be on in the morning to ask for more details and to help.

 

Meanwhile, these are not fines - a private company can't fine you. They are simple invoices.

 

Legally cases like yours are the easiest to defend - the company got their money, and that's the end of it, no judge would ever find in their favour. "De minimis" ("the law does not deal with trivialities").

 

As you use this place regularly, can you check if it is covered by bye-laws? Because if it is then a private parking company can't legally claim a bean off anyone, even if you had done something wrong (which you hadn't).

 

You are dealing with a PPC, right? Which one?

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Hi could you please complete the following-

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

 

Do not worry over Christmas the- if it ever gets to Court, and it shouldn't, making a mistake with your registration number is not a problem

providing you paid. Nor is it your fault that their machines don't allow you to amend the amount you pay.

 

If you haven't yet appealed please don't but wait until you know what mistakes they have made and blow them away without paying them a penny.

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lets us see the letters they have sent, as it is railway land the POFA doesnt apply and they have to rely on railway byelaw 14 to prosecute you and the parking co doesnt have this power, only the operator or Network Rail. They have a problem doing this as you paid.

 

However, as the private parking co is not part of this and any fine under byelaw 14 goes to the govt they will tell lies adn bully you in an attempt to get you to pay them as that is their only interest, getting money when none is due. All parking co's would go bust if they actually stuck to the exact letter of the law so they will do anything to make money.

 

The parking co wont be in a hurry to taek you to court as they will lose for more than one rason, do not take their threats too seriously and let them waste their money on stamps. You can respond when the time comes.

Edited by honeybee13
Paras

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The experts will be on in the morning to ask for more details and to help.

 

Meanwhile, these are not fines - a private company can't fine you. They are simple invoices.

 

Legally cases like yours are the easiest to defend - the company got their money, and that's the end of it, no judge would ever find in their favour. "De minimis" ("the law does not deal with trivialities").

 

As you use this place regularly, can you check if it is covered by bye-laws? Because if it is then a private parking company can't legally claim a bean off anyone, even if you had done something wrong (which you hadn't).

 

You are dealing with a PPC, right? Which one?

 

it's operated by indigo - thank you


Halifax Statements requested 21/7/06

Prelim letter to halifax recorded delivery 8/9/06 :eek:

Halifax received 11/9/06

LBA 26/09/06

Default letter & S10 to GE Capital Bank Ltd 8/9/06 :eek:

Reminder and LBA 9/10/06

GE received 12/9/06

 

Default letter & S10 to Capital Bank Plc 12/9/06

Acknowledge 15/9/06

 

Default letter & S10 to O2 (Uk) Ltd 12/9/06

Acknowledge 25/9/06

 

I may not be in full control yet but enjoying the battle to get control!

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I will get the details posted asap - we have appealed - we assumed they'd be reasonable but they haven't and rejected the appeals. I'll post all shortly but in the meantime thank you for all the re-assurance :)


Halifax Statements requested 21/7/06

Prelim letter to halifax recorded delivery 8/9/06 :eek:

Halifax received 11/9/06

LBA 26/09/06

Default letter & S10 to GE Capital Bank Ltd 8/9/06 :eek:

Reminder and LBA 9/10/06

GE received 12/9/06

 

Default letter & S10 to Capital Bank Plc 12/9/06

Acknowledge 15/9/06

 

Default letter & S10 to O2 (Uk) Ltd 12/9/06

Acknowledge 25/9/06

 

I may not be in full control yet but enjoying the battle to get control!

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opps shame you appealed

but wont hurt

theres noway they'll go near a court on a byelaw ticket.

as they don't get any money out of it the gov't get it.

 

dx


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so what did you say in your appeal and what did they say in their rejection?

 

why did you not think this was important and mention it before you posted here? You have thrown away just about all of the advantages the law gives you by appealing when you should never appeal a parking demand on land that isnt " relevant land" so airports, docks, railway stattions etc. In the case of railways the keeper can be liable but only of the signage is good enough.

 

What you have done is encourage them to think they can get some money from you so they may well take action that they otherwise would avoid

Edited by honeybee13
Paras, typos

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