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Parking Fines, ASDA

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Ellisdee_2
Ellisdee_2 Posts: 8 Forumite
edited 12 April 2014 at 12:16AM in Praise, vent & warnings
Ok, I seem to have caused myself a bit of a problem here. I was made redundant, and took a while to get myself a job. By the time I finally managed to, I was literally broke and all my debts have been mounted up.

I have so little money until I get paid, I am struggling to even buy myself food. I have to commute quite far, so most my money goes onto fuel. There's a car park nearby, but it charged £4 a day. I really cannot afford this at the moment.

I decided to trial some parking at ASDA for work hours, it says 3 hours free parking, but thought I'd do it and see if I get a ticket. Because I was under the impression all parking fines would be ticketed on your car. I didn't, and thought this was mainly because it's a huge car-park and never even half-full. I have parked there for about 10 days. I am in a hire car, because some woman crashed into my car about 2 months ago and it has taken a while to get sorted.

Problem is, this morning I got a voicemail from my hire company. They said they have received a £40 parking fine for the 1st, 2nd, 3rd and 4th of April. Problem is I also parked there on the 5th, 7th, 8th, 9th and 10th! So I'm sure they'll get these tickets through, but haven't arrived yet. I know this is incredibly stupid but I have never received a parking ticket where it isn't issued on your car. These are all £40 fines, and the hire company have sent me a letter that they charge £50 for each parking fine, as an admin fee!!!

Is there anything I can do? Can someone please recommend me some options here or am I completely screwed?
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Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Your best bet is to post on:
  • marywooyeah
    marywooyeah Posts: 2,670 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    ^^^ there's some great advice on that board so definitely head over there.

    You definitely got your wish though seeing if you'd get a ticket by parking there!
  • tgon
    tgon Posts: 710 Forumite
    Part of the Furniture 500 Posts Combo Breaker Mortgage-free Glee!
    Follow the link. Ignore the tickets.
  • regprentice
    regprentice Posts: 685 Forumite
    Part of the Furniture Combo Breaker
    Take a note of the name of the company issuing the fine (ie parking eye) and then find more info about them on the board listed above.

    Old advice was the fines not issued by a local authority were unenforceable and to ignore the letters however there have been changes to case law recently which means you should be more cautious.

    Broadly speaking the 'fine' that has been sent to you is simply an invoice.

    Check the treads but make sure you only look at recent (2014) comments and advice.

    You do not have to pay the fines so dont panic
  • bluenoseam
    bluenoseam Posts: 4,612 Forumite
    The problem is it's not the OP dealing with the "fines" it's the hire company, who will most likely pay the fine & reclaim the money - which is where you run into problems. The whole "can't issue fines" argument is a secondary issue here which is reliant on the hire company sides with you & is willing to run the risk of losing any such challenge. There in lies your difficulty, that one little bit at the end "risk of losing" no matter how minute that risk is will be enough to put off any legitimate business as it goes against the key principle of business. (To make money)

    The £50 admin fee would probably have been in the T&C's so it could be argued that you knew about it or at the very least had been reasonably informed of it's potential.

    You really need to get to some form of proper legal advice on this one, the involvement of the hire company in all of this is the massive sticking point here. That's where regular layman advice becomes somewhat questionable, you need proper advice as to the route to take - but I'd steele myself for losing a ton of money.
    Retired member - fed up with the general tone of the place.
  • nicechap
    nicechap Posts: 2,852 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    tgon wrote: »
    Follow the link. Ignore the tickets.

    Do follow the link but DO NOT IGNORE the tickets - each needs to be appealed.
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • Buzby
    Buzby Posts: 8,275 Forumite
    Appeal? To whom? The hire company?

    They'll pay without question and collect from you or your payment method. As you knew what the terns were, you took a chance and lost. It may well have been ANPR that caught you, so the hire firm will have the paperwork.

    You might argue a one-off transgression, but on 9 occasions? The good news is they will have paid the initial amount to keep your exposure low, the bad news they will have a charge for each ticket processed - read your hire document for how they handle them.

    Your ability to challenge are less than nil I'm afraid.
  • nicechap
    nicechap Posts: 2,852 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If you care to visit the forum linked above all your questions will be answered.

    These are unenforecable invoices quite easily defended, the fourm wins all appeals to POPLA. Here's a running list of wins.

    https://forums.moneysavingexpert.com/discussion/4488337

    The forum also has success getting money back from Hire/ lease Companies as well.

    The number of incidents doesn't matter.

    However, I would advise the OP should now cease abusing someone else's property.
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • System
    System Posts: 178,340 Community Admin
    10,000 Posts Photogenic Name Dropper
    presumably the hire company have a card on file when you hired the vehicle , i would have a read of your agreement as they may just pay the fines using your card details.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Valli
    Valli Posts: 25,457 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 April 2014 at 8:46PM
    CHRISSYG wrote: »
    presumably the hire company have a card on file when you hired the vehicle , i would have a read of your agreement as they may just pay the fines using your card details.


    I would have though that, were they to use the card details collected from the OP in respect of the hire of the vehicle to pay a third party debt they would be in breach of any contract with the OP and in breach of the Data Protection Act.

    This is my opinion though...would like to hear what others have to say.
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
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