Should I pay my parking fine

Rommoney

I live in a flat that has visitors parking. I have a pass for that comes with being a resident.

I just parked my car there for a short time while preparing for a journey. My visitor pass must have slipped off the dashboard when I closed the door. When I came back from my flat there was a parking ticket.

Should I pay this fine?

Will they go to court over this. What are my chances of winning?

I'm a resident and I have a pass (which is not in dispute).

The private company rejected my appeal, and I reckon they probably do this with all fines to try and force payment in all but the most clear cut of failures.

Redx

its not a "fine" its an invoice

depends on the wording of your lease or AST, so check what it says about parking , because any court case will centre on those words and they are crucial in answering your question (although nothing is guaranteed in court)

read up about the JOPSON case and others court case that are applicable, there are plenty of threads on here about them , similar to yours in fact

no they should not be targeting residents , but they will always try to make money out of it, its the type of sc@m that it is , like a fox in charge of the henhouse

personally I would never pay these scum and would always fight and go to court , but the lease is the all important issue here

yes they may go to court, but until you name them nobody can answer your question

Rommoney

I'm just looking at it now

Unfortunately it says

* Please ensure you are parked correctly in a visitors bay with the permit on display in full view before you leave your vehicle.

*there's a 10 minute grace period.

I've asked them to prove that they waited the full ten minutes before issuing the fine with the photo evidence to prove it.

I'm just wondering how sympathetic a court will be to my situation? Will they throw the book at me for the pass not showing, or see clearly I have a pass and I am a resident, and this is just BS money making.

Redx

both the BPA and the IPC have sections in their CoP about grace periods , so you are correct in making them prove it

you still have not named the PPC though

courts would look at cases like the JOPSON case and a few others you would add in your defence and base their legal decision on those decisions , plus the wording in your AST or lease

Rommoney

It's been issued by PESS UK.

Half_way

please read this, courtesy of Lynzer on Pepipoo : http://www.thebridesmother.co.uk/Media/residential-parking.pdf

and then report back here

Coupon-mad

Rommoney wrote: »

I'm just looking at it now

Unfortunately it says

* Please ensure you are parked correctly in a visitors bay with the permit on display in full view before you leave your vehicle.

*there's a 10 minute grace period.

I've asked them to prove that they waited the full ten minutes before issuing the fine with the photo evidence to prove it.

Your tenancy agreement says that? Doesn't sound like the wording of a tenancy agreement. Not very legally worded, are you sure that's not just a sheet that randomly flapped about with the permit? We are talking about the actual AST, the legal wording of your agreement.

Also, tell us where it gives you adequate notice of the £100 charge (no, not on signs, where in your tenancy agreement does it mention £100?). It doesn't - so how can you have 'agreed' to pay an unstated charge then?

I'm just wondering how sympathetic a court will be to my situation? Will they throw the book at me for the pass not showing, or see clearly I have a pass and I am a resident, and this is just BS money making.

It's just a small claim and not a crime, no books are thrown. It's just a parking firm saying 'oi look, we offered a contract and this person owes us because they breached it'. And you say 'no, there was no contract communicated to pay £100 for parking, look here is my AST, nothing tells me that I am entering into a contract or obligation to display a permit or pay £100, nor does my AST incorporate the signs into the agreement I signed.'

And other arguments seen every single week on here. Read some threads citing the Jopson case in defence. Almost all win. here's a case showing an appeal (not defence) but we cover it all and you should read more threads:

https://forums.moneysavingexpert.com/discussion/5582809

HTH