ParEye charge paid, can I recover

gazzy_g

spacey2012 wrote: »

What does any of this matter ? They gave you an invoice, you paid it without researching.
I am sorry if this offends, but there is a proverb for this.

A Fool and his money are quickly parted.

I think it's fair enough to say that I should probably have researched the hefty fine a bit better to see what could be done (like I did today - too late yes), which would have led me to discover that they cannot fine me at all, and in hindsight I wish I'd checked it out a bit more.

But given that I was warned I would be fined for being in the wrong, I subsequently overstayed my welcome (thus making me in the wrong), and got a notice for payment I was told I would receive for being wrong, it's unfair to be making such statements like your first one, and dismissing me as a fool like in this one.

I don't think it was beyond the realm of reason to believe it was legitimate given the circumstances, especially as I have no legal knowledge of this sort of thing, have never dealt with this sort of thing before, and know of noone who ever has. Like I say in my mind it was a pretty open and shut case. I did wrong, I suffered the consequences (even though the fine was massively unfair for the 50p extra it would have cost my parking).

If you would care to explain where I have gone wrong here, as the other posters have, I will greatly appreciate it. But please don't just dismiss someone as a complete and utter fool when it's unfair to do so.

Stroma

Can I just say its NOT a fine!

And you have learned an expensive lesson, try to do the chargeback, but IMO it will not work.

Anyway next time just look for advice before paying any such charge, and that includes a council penalty charge

gazzy_g

Stroma wrote: »

Can I just say its NOT a fine!

And you have learned an expensive lesson, try to do the chargeback, but IMO it will not work.

Anyway next time just look for advice before paying any such charge, and that includes a council penalty charge

Cheers Stroma, I'll definitely seek advice before paying things like this in future (including council penalty charges, which is again another surprise to me!).

Just hypothetically though if we assume the chargeback *does* go through and RBS returns my money; can I then proceed to just ignore any further correspondence from ParkingEye as advised, or by paying them but then recovering the money have I opened myself up to a world of hurt?

Stroma

If you do a chargeback you can then appeal to get this cancelled. But they may try court as it would have cost them something then. Daisy would be best at answering this, if you wait around she will give an opinion on that I think

HappyMJ

gazzy_g wrote: »

Fair enough, but in my mind surely they would definitely win had I not paid it. It just seems that the conversation should go like this:

Judge: Did you park longer than you paid for?
Me: Yes
Judge: Did the sign say there'd be a fine?
Me: Yes
Judge: Pay up sonny!

But I've now seen forums with lots of people in the same (or worse) situation as me and they've just been told to ignore it.

(Not trying to argue with you by the way, I don't doubt you know more about it than me. I'm just genuinely confused as to this whole situation).

Actually if the sign said there'd be a fine then the judge would not award the money to the PPC and the judge would award you your costs. A PPC cannot say that you will get a fine. That is illegal.

Also judges don't side with unfair PPC's they are actually quite fair and will only award actual losses to the PPC....that will be 50p in your case.

gazzy_g

HappyMJ wrote: »

Actually if the sign said there'd be a fine then the judge would not award the money to the PPC and the judge would award you your costs. A PPC cannot say that you will get a fine. That is illegal.

Also judges don't side with unfair PPC's they are actually quite fair and will only award actual losses to the PPC....that will be 50p in your case.

My bad sorry, if I recall it said something about a parking charge rather than a fine. I was unaware that legally there was a distinction between the two terms so just used that as a general term. In future I'm guessing then unless it specifically uses the word "fine" on a sign, I cannot legally be charged?

And cheers Stroma, I'll wait for this 'Daisy' person to respond!

nigelbb

In English civil law the injured party can only legitimately claim enough in damages to be put back into the position as if the injury had not happened. So you owe them 50p. Penalty clauses are not allowed. The £59.50 that you paid over & above the sum owed is technically 'unjust enrichment'. As they deceived you then you need to sue them for the return of your money.

Stroma

Yes but they are not going to refund that are they? The only option then is the small claims, I just can't see a judge allowing this as you have accepted the contract by paying.

If I was the OP I would just swallow this and learn from it

Iceweasel

This is so sad - it shows the lack of knowledge of the general public and how easy it is with pretty headed notepaper and/or little black and yellow sticky envelopes to get money from innocent naive people.

Overstay 50p worth of parking time - get a demand for £60 - and then pay it. Wow!

It shows how gullable we are in this country.

I'm not knocking, mocking, or making fun of the OP, but this whole parking thing needs moving up a gear.

These PPC parasites are exploiting the average persons' imprecise use of language - loads of folks just don't see or even understand when it's explained to them, that there is any difference at all between a charge, a penalty,and a fine. They just think it is playing with words - which it is to an extent.

The OP is not alone in that.

How many folks have written to there MP or local councillor?

I have and got only a sympathetic letter back. He obviously doesn't get enough complaints on this subject.

spacey2012

The solution is to spread the word so people know to avoid businesses that employ these scammers.
Economics introduced them and economics will reduce them.
It will eventually, even a simple calculate number crunch shows to stay in business, the total the scammers have to hit each motorist at least once every 3 years.
Eventually people will learn to play by the rules, do you think the PPC will play by the rules or change them to carry on in business.
So sooner or later people will stop using them and head for businesses that do not have scammers in the car park.
The nasty PPC's will be the first.