myparkingcharge.co.uk valid parking fine - any options?

Fosh

I parked in my office car park in September in the wrong bay. It was the one next to our ones, an honest mistake, but a mistake nonetheless.


There was a traffic guy there who handed me a red slip of paper saying this is not a parking charge notice and I then left (completely unrelated, unlucky that I didn't leave any earlier).



Given it said that it's not a parking charge I assumed it was a warning and forgot about it.


The car was a lease car that has now gone back. It was registered to my parents address, where there were a couple of letters informing me of a parking charge notice. The last one, dated mid January, said that they are disappointed that I haven't paid etc and I now owe £160. I'm in the wrong here, I did park in the wrong spot, and I've inadvertently ignored 2 letters from them.



I think I have 2 options now, ignore it and hope they don't take it to court or pay £160.



I'd pay the original £60 fine now, but that's not an option. I've had a look at the portal and the pictures show exactly what is true.


Should I pay the £160 or keep ignoring and hope for the best?

Redx

your choice to make , not ours


the NEWBIES sticky thread has advice on hire vehicles , myparkingcharge and VCS or EXCEL charges, plus IPC info, plus ignoring debt collector letters


chances are that VCS has failed POFA2012 if this was a hire vehicle (as long as you havent told them who was driving ?)

MistyZ

Why are you being so nice? If you read a good few threads you might start feeling a little more angry. How does an honest, harmless mistake, made while trying to get into the office, merit payment of £160?

Anyway. If you're even considering fighting this, edit your post immediately to remove all identification of the driver. The PPCs have been known to use members' posts against them or to try to intimidate them by referring to their posts. That's how respectful and decent they are.

Fruitcake

As above, we help people to defend themselves against unfair parking charges. We don't help motorists fund the scam.

All the information you need on how to challenge this is in the NEWBIES including a ready made appeal template for hire/lease cars written by Edna Basher.

If the scammers don't follow Paras 13 and 14 of Schedule 4 of the PoFA 2012 by supplying ALL the documents required by that act of parliament, they cannot transfer liability to the hirer/lessee.

As MistyZ says, if you are going to fight this you need to edit your post to remove all information about who did what. Only ever refer to The Driver and The Hirer/Lessee, who are two different people. The Hirer/Lessee has protections in law that The Driver does not.

What ever else you do, please complain to your MP about this unregulated scam.

Fosh

Not all of the information in the first post is correct - didn't want to make it too obvious in case they view this.


I'll have a read of the stuff and see if there's anything I can do. Surely I'm too late to appeal though? It was several months ago.

Fosh

I received a County Court Claim Form on March 29, I've completed the AoS on the website today, so within plenty of time.


I will start writing a defence shortly, but I can't see the evidence for the claim. Am I too late to request a SAR? The Newbies thread says to do that earlier, and I ignored what must have been the LBC due to it's scam like wording.

Coupon-mad

Never too late to get a SAR.

You may or may not get the data back before you have to defend but you will certainly expect to get it by the time to write a Witness Statement & evidence.

Redx

always email a SAR to the DPO of the claimant , in this case its probably VCS

its never too late , and the SAR reply is likely to be of help in a few months time , not at this defence stage , but get the email done anyway, their email address is on their privacy page

Fosh

Thanks, I've sent the request now.



I'm a bit confused though, I thought I was writing my defence now and that would include defending against the evidence that the Claimant is providing?

Coupon-mad

You are composing a defence, like you see in the examples in the NEWBIES thread. Most people are encouraged to use bargepole's concise defences as a base, then just add your own facts about the car park/event/why you are not liable.

Nothing about evidence yet - that comes later as the NEWBIES thread tells you.

BTW as this is VCS, make a mental note now that Mr Wilkes has no right of audience when it comes to the hearing in the Summer at your local court.

Read other threads by searching Wilkes VCS ROA so you are ready for that much later stage - he can't talk for VCS in their absence (no right of audience), but no tipping them off that you know or they might send someone else.

This game of chess can be quite fun once you get your head round it.

Redx

it is, in part , and does so even if you are not aware of what that is , so your defence must take account of the lack of POC and lack of evidence required by the LoC stage under the PaP CPR rules (oct 2017)

sometimes it is what is not there that you defend against

having said all that , the WS + EXHIBITS stage is where you elaborate on any defence with any proof as well


so you are writing the legal arguments as to why this claim should fail, including the scant POC or lack of detail etc