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nathan8
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Refusing to pay a parking fine - what will actually happen?
Ok, so a couple of weeks ago, Emily's Mum took her out shopping to get some clothes and things for her birthday. They went to the retail park by Ikea and Tesco and parked there. They had 3 kids in tow with them, so shopping wasn't a quick experience, and they went and had lunch in Ikea once they'd finished.
Yesterday, they both had a letter through saying that there is a 3 hour limit on parking in that car park, and their cars were photographed arriving and leaving with a 3.5 hour gap in between. They've been fined £50 each.  And that's assuming they pay within 14 days, after which it becomes an £80 fine plus a £30 admin charge.
If we refuse to pay, what is actually likely to happen? It says on the back about going to court and having to pay court costs etc, but I'm not sure if they'd actually bother to go through with that. There are apparently signs up in the car park saying what the limit is, but neither Emily nor her Mum noticed them, and it's not the sort of place you'd expect there to be a time limit - it's not pay and display or anything, and it's never close to full.
Seems a right cheek to me, especially as they spent the whole time there shopping and bought several things there.  
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29/May/2009, 8:35 am
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Eakes
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Re: Refusing to pay a parking fine - what will actually happen?
Well, if they have been photographed showing a 3.5 hr delay I would say they would need to pay. What you might gain from this Nath is encouraging women to shop much faster and make it a functional thing rather than an "experience".
I got a parking ticket in Clapham once. I was staying at a mates and had one of those scratch parking tickets. However, when I scratched off the time and date etc I obviously partially scratched off part of another time. Some Hitler came along and deemed the ticket as not being valid. £40 or £80 if I didn't pay within 14 days.
I was :livid: as you can imagine but thought that if I argued it and they didn't agree I'd have to pay £80. SO I paid it and complained at the same time. The council there said that payment of the fine was admission of guilt but in this instance they could see a genuine error had been made and refunded me the £40.
Most of these retail parks that aren't pay and display have these 3-4 hr time limits to stop people leaving their cars and going elsewhere. I think they might have to pay it and put it down to experience.
Maybe worth paying it and complaining perhaps? You don't want to risk having to pay £110.
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29/May/2009, 9:08 am
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andrew1989
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Re: Refusing to pay a parking fine - what will actually happen?
what a bunch of assholes, i wouldn't stand for it take these multi-conglomerates down. Down i tell, you don't pay it and complain. Take them all the way.
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29/May/2009, 9:14 am
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andrew1989
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Re: Refusing to pay a parking fine - what will actually happen?
what a bunch of assholes, i wouldn't stand for it take these multi-conglomerates down. Down i tell, you don't pay it and complain. Take them all the way.
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29/May/2009, 9:15 am
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Crofty7
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Re: Refusing to pay a parking fine - what will actually happen?
i would pay it as I didn't pay a parking fine once and it went from £30 to £90 which I ended up paying.
However write a complaint to Ikea saying that you had children where shopping in Ikea, basically tell them you were parking there to shop in Ikea, in which they did buy goods maybe also state that you go there often and that if something isn't done about the outragous fine then they will lose your business.
IKea area a big company but seem generous to employees so I expect them to look after their customers, if you take time to complain and make your case I'd expect them to refund the fine and maybe more.
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29/May/2009, 9:34 am
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Eakes
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Re: Refusing to pay a parking fine - what will actually happen?
Nath, if they had receipts showing you were shopping there the whole time that might assist in a complaint letter.
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29/May/2009, 9:46 am
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nathan8
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Re: Refusing to pay a parking fine - what will actually happen?
I've found this site: http://www.ticketfighter.co.uk/private.htm
I'm not sure, but I might be able to get away with it by simply telling them that I wasn't the driver. I'm not obliged to say who was. There's also the below which I've taken from the site...
"Firstly and most simply �" contractual penalties. When you park in the car park and over-stay or misuse the facilities in some way you breach your contract with the land owner. The terms state you will not overstay or misuse the facilities, these are terms on which your contract for parking is based, thus when you do something contrary to these terms you breach the contract. The common law holds that the remedy for breach of contract is damages. Therefore the land owner is entitled to damages covering the costs incurred as a result of your breaching the contract.
Let us examine this �" if you over-stay at a car park then the land owner loses revenue. Thus if parking is £1 an hour and you overstay by an hour then the damage is £1. Any company may argue that you are liable for the time of any attendant who may be involved in the issuing of an invoice. This is nonsense. The fact is that the PPC employ staff to be at the car park for all eventualities."
And further down...
"The important thing to remember is that you don’t have to help these bloodsuckers to build a case against you. Resist it at every step. The law’s presumption is of innocence and that is for good reason. It protects the individual from the imbalanced power of the many. The PPC must prove your liability. 99 times out of 100 they simply can’t and so you’re safe. In the one instance they may be able to develop a prima facie case you will have three good defences. Rely on these. Become familiar with them and their workings.
I have NEVER heard of a case like this making it to court. I suspect PPCs don’t sue their victims, and they are victims, because they know the merits of their case are non existent."
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29/May/2009, 11:31 am
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Eakes
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Re: Refusing to pay a parking fine - what will actually happen?
I expect you are right Nath that its worth fighting. But its whether you can be bothered. Thats how they make their money. 9 out of 10 people will probably just pay up, but not you Nath. Burn your bra while you are at it!!!
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29/May/2009, 11:48 am
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nathan8
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Re: Refusing to pay a parking fine - what will actually happen?
quote:
Eakes wrote:
I expect you are right Nath that its worth fighting. But its whether you can be bothered. Thats how they make their money. 9 out of 10 people will probably just pay up, but not you Nath. Burn your bra while you are at it!!!
Exactly. I'm quite prepared to spend a bit of time rather than part with my hard-earned money. I have past experience too.
Parked in Trenchard Street multi-storey a few years ago. Paid for my ticket on the way back to my car as you do. Drove down to the exit, and it was locked. Discovered that they'd recently changed it and the car park was locked as of midnight. Checked my ticket, and I'd paid at 11.58pm.
A few other people were stuck, so someone phoned the company to release us. The poor bloke came along and asked for money off everyone, which was the fee that was stated on their signs (something like £30 I think). Everyone was :livid:, and no one paid, so he was taking everyone's name down to register a complaint. He warned people not to drive off and pointed out the camera. He'd already unbolted the exit barrier, so I walked over, pushed it open and drove off without giving him my name or anything.  Never heard a thing about it.
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29/May/2009, 12:07 pm
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davo1
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Re: Refusing to pay a parking fine - what will actually happen?
quote:
nathan8 wrote:
quote:
Eakes wrote:
I expect you are right Nath that its worth fighting. But its whether you can be bothered. Thats how they make their money. 9 out of 10 people will probably just pay up, but not you Nath. Burn your bra while you are at it!!!
Exactly. I'm quite prepared to spend a bit of time rather than part with my hard-earned money. I have past experience too.
Parked in Trenchard Street multi-storey a few years ago. Paid for my ticket on the way back to my car as you do. Drove down to the exit, and it was locked. Discovered that they'd recently changed it and the car park was locked as of midnight. Checked my ticket, and I'd paid at 11.58pm.
A few other people were stuck, so someone phoned the company to release us. The poor bloke came along and asked for money off everyone, which was the fee that was stated on their signs (something like £30 I think). Everyone was :livid:, and no one paid, so he was taking everyone's name down to register a complaint. He warned people not to drive off and pointed out the camera. He'd already unbolted the exit barrier, so I walked over, pushed it open and drove off without giving him my name or anything. Never heard a thing about it.
We've used this car-park a fair bit recently (there's a Mothercare and a Manas and Papas there  ) and to be honest, we've noticed the signs and made sure we stayed within the limits.
At the end of the day, the application of the fine is probably fair based on the warnings given, but if you can find a way for the law to protect you then you're well within your rights to do so. Guess it just depends on how much effort you want to put in. My suggestion would be to not bother phoning them but just do everything in writing. Only takes ten minutes to write a letter but you could be hanging on the phone (and paying for the privilege) for ages.
There was a traffic warden outside work two days ago. Was about to put a ticket on one of my staff's car so I went and told him I'd get the member of staff and ask him to move it into our car-park. He was fine with it! Nice bloke.
Liking your story about just driving off when the bloke in the multi-story asked you for cash as well. Sounds like he was just looking for some quick cash in hand. Dodgy.
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29/May/2009, 12:48 pm
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