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is this an unfair fine?

edited 30 November -1 at 1:00AM in Motoring
3 replies 578 views
x-treme1x-treme1 Forumite
3 Posts
edited 30 November -1 at 1:00AM in Motoring
I was at Atlantic village, which is a large indoor shopping centre which also has an Asda. I was meeting a friend for coffee which took a while - we had coffee in a coffee shop within the premises of the shopping centre - on returning to the car had a fine for £60 for exceeding 2 hrs. This is true I was 2hrs 30 mins and noticed the sign on the way out that they clearly advertised 2 hr parking. However the point of my question is this, I was using the facilities, there is no pay and display otherwise I would have paid - I always do! There was no end of spaces for other people to park and I was creating no problem in being there. Is this unfair due to me being obtuse and not wanting to pay a fine or am I correct in feeling this is a bit wrong and subject to an over zealous car park attendant?

I look forward to any advice you may have - thanks. I have 10 days to respond.

Replies

  • LudaMusserLudaMusser Forumite
    249 Posts
    Tenth Anniversary 100 Posts Combo Breaker
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    My advice would be to 100 per cent NOT pay that fine. They need to PROVE who was driving the car, not who owns the car or who is insured to drive the car..

    Last year there was a feature on these companies on Watch Dog. They had a legal expert on there who said exactly what I wrote in the first paragraph. The only fines you need to pay for parking are issued by two people, council parking wardens and the police. Not private companies

    HTH
  • ROY47ROY47 Forumite
    493 Posts
    Ninth Anniversary 100 Posts Combo Breaker Car Insurance Carver!
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    don't reply to it as stated

    but if you want to wind them up ..............

    send them this ...

    To whom it may concern
    [Add their title and address, here )

    I am in receipt of your letter dated [insert the date ] alleging that a vehicle registered to me overstayed an arbitrary duration in a vehicle park attached to one of your stores.

    As I am sure you will be aware, it is the driver of the vehicle with whom any contract to park was made, not the Registered Keeper. You will also be aware that the terms of any such contract must be set out in such a manner as to be obvious to anyone with whom you wished to make the contract. These terms must comply with all applicable contract law, such as the Unfair Contract Terms Act 1977.

    Should you wish to pursue this claim, please supply evidence that the person parking the vehicle you allege to have overstayed the set duration would have had the opportunity to read the contract terms. Such evidence must be, as a minimum:

    • a detailed route and timings of the vehicle's travel into and through the vehicle park;

    • a detailed route of the driver's passage out of the vehicle and into the store - this and the evidence listed immediately above are to show that the driver had reasonable opportunity to see and read the contract terms;

    • photographs of all relevant signage in situ in locus in quo at the time of the alleged overstaying so as to show that the signs were actually readable;

    • an accurately-drawn, scaled, map showing the location of each sign and indicating which you believe the driver would have had the easy opportunity to read (the routes of the vehicle and driver should be superimposed upon the map);

    • details of the weather conditions at the time, in particular the visibility (all to be confirmed by the Meteorological Office);

    • sufficient details of the driver with whom you claim to have made a contract to enable their unique identification;

    • a detailed description of the processes followed to record and analyse the evidence of the alleged overstaying; and

    • a notarised statement from a senior manager at the store to the effect that your recording and analytical systems were working normally at the time of the alleged overstaying.

    Without the above, I cannot entertain your claim and any further demands for payment will be considered harassment and will be reported to the police with a view to your criminal prosecution under s1 of the Malicious Communications Act 1998, s85 of the Postal Services Act 2000, s127 of the Communications Act 2003, and/or s2 of the Protection from Harrassment Act 1997 - this last with a view to the court issuing a Restraining Order against you.

    Additionally, civil action will be taken against you personally and your employer to cease and desist and for the recovery of all costs, together with a substantial payment in compensation for the mental pain and suffering caused.

    I expect your reply by return, either providing the evidence requested above or indicating simply your termination of this correspondence
  • DaveF327DaveF327 Forumite
    1.2K Posts
    Part of the Furniture 1,000 Posts Combo Breaker
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    I believe this is being continued here.
This discussion has been closed.