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Parking fine as valid ticket had blown over

happywishes_2
happywishes_2 Posts: 7 Forumite
edited 26 July 2011 at 3:57PM in Parking tickets, fines & parking
Hi, whilst on holiday in Cornwall we had parked our car in a cliff top car park designated for the privately owned beach we were visiting. This car park was pay and display and managed by MBC Parking Solutions.
Ticket was paid for and valid but being on a windy cliff top must have flipped over when car door slammed shut and when we got back to our car we were met with a fine for £50 (£90 if not paid within 14 days). Ticket was flimsy and see through - you could clearly see the date and time through the back of it from a foot away when in the postition that the warden would have seen it on the dash board. No sticky tab to attach it in place (which I believe is pretty poor given the car park location). Also no obvious signs stating that a fine would be issued if ticket flipped over.
So, fair enough, I realise we should have checked ticket had not blown over but in truth we were busy getting the children out of the car and all our beach stuff , including our tea and it was a genuine oversight. When fine issued, ticket had over an hour left on it.
Immediately, we got the MBC parking solutions tel number off the internet and rang them and explained what had happened. He told us not to worry about it or let it affect our holiday and we offered to write in with proof of ticket purchase. We did this (albeit we foolishly sent them the original and kept the photocopy). We detailed exactly what had happend very politely and explained how we had been coming to cornwall for many years and hoped that an amicable outcome could be reached. We also enclosed the parking fine they had issued and our contact details including mob number, should they have wished to get in touch whilst we were still on hol.
This was posted the next day and sent via recorded delivery.
We are home now - 14 days today since fine issued. Not heard anything from them so we decided to ring today. We were informed that the fine still stood (if you go on their website and view the situations which will not be successful in an appeal, well that says you all - come hell or high water they want your money !)
The person I spoke to was abrupt and said if we were stupid enough not to check the ticket hadn't blown over then that was our fault. I said even though you have received proof we had a valid ticket ? He said he didn't make the decisions, so I asked could I speak to the person that does. No, I was told as even he didn't have a contact number for that person ! I ended the call abruptly as i did not want to waste anymore of my time or money on this company.
All in all, we had paid for the 2 hour parking ticket, we returned to the car before it expired. yes, it had blown over, but you could see the date and time nevertheless, also we went to the trouble of sending all the evidence and explanation via recorded delivery. Yet they remain adamant we must pay.
I have read that in this case as it is a private parking company, they are not in a postion to enforce this fine. They do not know who was driving the car but obviously they can check with the DVLA who the registered keeper is.
On principal, we do not want to pay up as we paid to park. I could understand if we had just pretended we had a valid ticket and deliberately placed it the wrong way. But they have proof that we paid up.
Is the best course of action just to ignore, or is there something else we should do ? Incidentally, the guy said today we would be receiving a letter through the post in a few days ie. a few days after the 14 day deadline, regarding payment. I imagine they have deliberately left it until now so they can try and get the £90 out of us !
Any advice would be gratefully received. :)
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Comments

  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Just ignore :)
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • notts_phil
    notts_phil Posts: 1,087 Forumite
    Ignore and carry on with your life:)
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
    Part of the Furniture 1,000 Posts
    Seeing tourism is a very large part of Cornwall's economy you would think trading standards would be looking at these car parks! There seems to be quite a few honey traps down there!
  • torontoboy45
    torontoboy45 Posts: 1,064 Forumite
    a cheap-as-chips website, as well.

    hold on to that ticket; there's a miniscule chance that it could come in useful if - in the highly unlikely event - these comedians choose to take it further.

    nobody's been deprived of anything - you paid the fee and you've got the evidence.

    oh sure, they'll send you a few threats but it all amounts to jack.

    ignore.
  • Thanks for all the replies :beer:.
    Will let you know when we hear from them again. Tempted to not even open any letters we receive, but doubt I will be able to resist. Just hope we don't start worrying if they are very threatening.:eek:
    It sure does seem as though this goes on quite a lot ! I still can't get my head round the fact that they say we still need to pay the fine even though they have seen our valid ticket. :mad:
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It's not a FINE, it's an invoice!
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
    Part of the Furniture 1,000 Posts
    Thanks for all the replies :beer:.
    Will let you know when we hear from them again. Tempted to not even open any letters we receive, but doubt I will be able to resist. Just hope we don't start worrying if they are very threatening.:eek:
    It sure does seem as though this goes on quite a lot ! I still can't get my head round the fact that they say we still need to pay the fine even though they have seen our valid ticket. :mad:


    Nearly every appeal fails all their interested in is your cash. Keep hold of the ticket and ignore everything they send to you.
  • Sorry to be a pain but can someone clarify that as this would come under contract law if they did decide to pursue it through the courts they could only sue for any loss of revenue ? If so, we had a valid ticket which they have proof of, so their losses are currently £0.
    Not worried, just want all the facts. Btw we haven't stated who drove the car into the car park and don't intend to.
    Would it be worth emailing the beach owners (they have a website) and telling them of our situation or should we say nothing ? Thanks in advance.
  • Hi, how did you get on? I'm in the same boat same ticket was stuck on glass but then fell off during the day any advice?
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Sorry to be a pain but can someone clarify that as this would come under contract law if they did decide to pursue it through the courts they could only sue for any loss of revenue ? If so, we had a valid ticket which they have proof of, so their losses are currently £0.

    Consider it clarified :)
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
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