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  • FIRST POST
    • Kristoff66
    • By Kristoff66 19th Jun 17, 7:26 AM
    • 4Posts
    • 3Thanks
    Kristoff66
    Already told them i was the driver, can i still refuse to pay?
    • #1
    • 19th Jun 17, 7:26 AM
    Already told them i was the driver, can i still refuse to pay? 19th Jun 17 at 7:26 AM
    Hi I've read through the other posts on here and still unsure. Got a letter from Britannia parking for overstaying in a private car park by 20mins. it offered £50 now or £85 after 14 days. I appealed online before i read the bit on here about not admitting who the driver was. Basically told them that i was driving that day and was late returning due to my toddler being sick, also that i find their charges unreasonable.
    I'm not sure now whether to ignore them completely or try appealing through popla. Everything on the internet suggests that Britannia are a soft touch but I'm that level of skint i can't really risk having to pay court fees because at the end of the day whatever excuse, it was my fault for overstaying so surely they would win. Plus if i have appealed does that mean I've admitted responsibility?
    Thanks, Chris
Page 1
    • Umkomaas
    • By Umkomaas 19th Jun 17, 8:18 AM
    • 14,558 Posts
    • 22,906 Thanks
    Umkomaas
    • #2
    • 19th Jun 17, 8:18 AM
    • #2
    • 19th Jun 17, 8:18 AM
    Plus if i have appealed does that mean I've admitted responsibility?
    Depends what you said. Get your rejection from Britannia which should come with a POPLA code.

    Use your time now on learning about how to appeal to POPLA, where, with forum assistance, this can be kicked into the long grass. Start your research on POPLA by reading the NEWBIES FAQ sticky, post #3.

    i can't really risk having to pay court fees
    Why do you think you'll have to pay court fees? Britannia have only had 3 small claims court appearances in the past 2.5 years (and they aren't necessarily linked to parking issues).

    http://www.bmpa.eu/companydata/Britannia_Parking_Group.html

    The maximum court fees you'd be asked to pay (if you lost, I we'd do our utmost to ensure you didn't) would by £50.

    also that i find their charges unreasonable.
    Forget that line of argument. Largely dismissed by the Supreme Court in the ParkingEye v Beavis case. Won't fly much now.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • The Deep
    • By The Deep 19th Jun 17, 8:26 AM
    • 7,005 Posts
    • 6,077 Thanks
    The Deep
    • #3
    • 19th Jun 17, 8:26 AM
    • #3
    • 19th Jun 17, 8:26 AM
    Although you mat have overstayed for a while, was it £100 worth of parking? If not, it may well be a penalty, and private companies cannot impose penalties on their customers.

    They might be able to prove breach of contract, but only if their contract was rock solid, that their signs were legal, made sense, and thetr paperwork tickety-boo, a lot of ifs.

    They have the mountain to climb, all you need do is ask them lots of difficult questions.
    You never know how far you can go until you go too far.
    • Kristoff66
    • By Kristoff66 19th Jun 17, 9:15 AM
    • 4 Posts
    • 3 Thanks
    Kristoff66
    • #4
    • 19th Jun 17, 9:15 AM
    • #4
    • 19th Jun 17, 9:15 AM
    Many Thanks for quick reply. I'd read that you could have to pay court fees up to about 400 if you lose. Most people think it won't go that far it's just every so often you see someone who says it did. I'll read that link now ta
    • Redx
    • By Redx 19th Jun 17, 4:47 PM
    • 15,515 Posts
    • 19,599 Thanks
    Redx
    • #5
    • 19th Jun 17, 4:47 PM
    • #5
    • 19th Jun 17, 4:47 PM
    its small claims court, so as long as the claim is correctly defended , the fees would be typically around £75 , plus the cost of the pcn , so about £175 for one claim for one instance of parking

    do the research so you dont fall into the assumption trap or fake news traps
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 19th Jun 17, 6:05 PM
    • 50,073 Posts
    • 63,464 Thanks
    Coupon-mad
    • #6
    • 19th Jun 17, 6:05 PM
    • #6
    • 19th Jun 17, 6:05 PM
    I'd read that you could have to pay court fees up to about 400 if you lose.
    Originally posted by Kristoff66
    Wrong. Where did you read that? And it's only Britannia! Britannia ones are dead easy and their signs are awful (sometimes missing altogether). In fact, Britannia are so tame that I am disappointed when I go to Waitys and fail to collect one.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Kristoff66
    • By Kristoff66 19th Jun 17, 6:33 PM
    • 4 Posts
    • 3 Thanks
    Kristoff66
    • #7
    • 19th Jun 17, 6:33 PM
    • #7
    • 19th Jun 17, 6:33 PM
    Haha. Thanks for that, when u look up pcn's you come across a thousand different stories all claiming similar things but then every so often you find one that says they got screwed for hundreds or that the law has changed which puts doubt in the mind
    • Coupon-mad
    • By Coupon-mad 19th Jun 17, 6:35 PM
    • 50,073 Posts
    • 63,464 Thanks
    Coupon-mad
    • #8
    • 19th Jun 17, 6:35 PM
    • #8
    • 19th Jun 17, 6:35 PM
    The law did change, in 2012 re 'keeper liability', but you blew that slam-dunk winning appeal point into the middle of next week by saying who was driving.

    At the end of the day it's only Britannia! Get some pics of the dreadful lack of signs, if local.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Kristoff66
    • By Kristoff66 19th Jun 17, 6:48 PM
    • 4 Posts
    • 3 Thanks
    Kristoff66
    • #9
    • 19th Jun 17, 6:48 PM
    • #9
    • 19th Jun 17, 6:48 PM
    Yea a bit gutted i thought I'd whack a quick appeal through b4 i looked online and realised I'm a dumbass. I guess I'll give the popla appeal a go and then when they turn me down I'll use the templates to tell Britannia to do one and keep me fingers crossed!
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