today, deadline ,Shall I waiting the appeal or pay Parking fine £60 or wait for appeal result ?

cherry2017

Terry1931 said:

Coupon-mad said:

But ParkingEye are not your defendant.

No, in this case CPM is the claimant.

There are lots of instances in this forum where people have appealed and lost and then still not paid the charge and ignored it.

The tactic is then for the Parking companies to come back at you, up to several years later when your circumstances have changed, possibly moved, ....whatever. Things may have got more complicated.

If your grounds not to pay are sound then there is no problems, but that is not always the case. The matter needs to be resolved as soon as possible to the original parking charge. But the PArking companies dont push for this early resolution deliberately.

The answer is to pay the charge then turn the tables immediately and issue a claim against the parking company.

If every charge that is issued in the next few months was turned around into a claim against the parking company they would get swamped by legal battles. As it is at present they do the pursuit of a claim on their terms and timescales.

It sounds a good idea: pay the fine first and against them through court. My concern is: pay £100, then pay £50? to small claim court, if I lose the case, then £150 gone. and if I paid the fine, how can I explain to the judge that I paid and now I am trying to claim it back?

TOP_CAT

The OP needs to wake up and listen to the other posters that know what they are talking about via extensive experience  !

Do not heed any manipulative advice or reasoning  to pay the invoice or thank people with a thinnly veiled and vested interest in private parking scammers .

Fruitcake

cherry2017 said:

Terry1931 said:

Coupon-mad said:

But ParkingEye are not your defendant.

No, in this case CPM is the claimant.

There are lots of instances in this forum where people have appealed and lost and then still not paid the charge and ignored it.

The tactic is then for the Parking companies to come back at you, up to several years later when your circumstances have changed, possibly moved, ....whatever. Things may have got more complicated.

If your grounds not to pay are sound then there is no problems, but that is not always the case. The matter needs to be resolved as soon as possible to the original parking charge. But the PArking companies dont push for this early resolution deliberately.

The answer is to pay the charge then turn the tables immediately and issue a claim against the parking company.

If every charge that is issued in the next few months was turned around into a claim against the parking company they would get swamped by legal battles. As it is at present they do the pursuit of a claim on their terms and timescales.

It sounds a good idea: pay the fine first and against them through court. My concern is: pay £100, then pay £50? to small claim court, if I lose the case, then £150 gone. and if I paid the fine, how can I explain to the judge that I paid and now I am trying to claim it back?

It is not a fine.

One poster is suggesting an as yet untried method of paying the charge first then making a claim against the PPC.
Every other regular is suggesting you fight the unfair charge from the start. There is no requirement to pay unless a judge tells you, and your friend is nowhere near that stage yet.

As you say, if you followed the route of pay first then make a claim up to six years later, what is the legal basis for the claim?

Fruitcake

cherry2017 said:

Terry1931 said:

Fruitcake said:

This discussion is not helping the OP, who has only made the one post asking for advice. It is being dragged off topic.

The regulars on this forum have been giving advice for years; advice that is based on a tried and tested process. Some of the advice is given by legally qualified posters, and/or by posters who have acted as lay reps in court.
One of the most experienced non-legally qualified regular posters on this forum beat a barrister in court.

A new, as yet untried process has been suggested. Before I would consider advising someone else to use that new process, I would want to see it tested in court first to see that it actually works.

No problems

I have also beaten My local Councils Barrister in Court over Breach of the Party Wall Act, so I'm not exactly a newbie either.

I have won MCOL claims against my Council for damages due to Faulty Highways drains.

My comments are entirely appropriate to the original posters question, about what may give the best peace of mind as well as financial response to a parking charge.

It is statistically highly probable that the Poster will lose his appeal in the Kangaroo Court and the Charge will increase by £40, then the same question arises, do you pay or do you wait and see.

Take a look over this forum , its littered with cases that crop up 3, 4 5 or more years after the parking charge is issued.

Some people have busy lives and may even be out of the country or away from home for many months and you wont know when that AOS will be required. 

Some people would rather pay and forget about it, rather  than have this hang over them for some unknown period, my suggestion is that there is indeed a third way to get a satisfactory outcome and beat the \parking operators.

Thanks for your reply, you mentioned 3rd solutions?
to avoid the further problem, how can I offer them like £30 instead of £60 or £100? 
As we have the parking permit, it was just not fully displayed, it is not fair to pay so much like £60.

The third solution is pay the unregulated parking company then make a court claim against them to get the money back.

I have yet to see a parking company accept a reduced offer, or even a drop hands offer. Parking companies want the £100; all of it, not half, not a third. They don't want the reduced discount but they don't have a choice in the matter and have to offer the mugs' discount.
What has fairness got to do with anything. The parking industry is unregulated, and the learned judges in the Beavis case said the PPC doesn't have to have suffered a loss for the charge to stand.

With regards to the permit, it was on display. For all you know, a person or persons unknown could have deliberately bounced up and down on the car to dislodge it.

Parking attendants have been known to take photos from specific and unusual angles to ensure permits and tickets are not shown, or are obscured by sunlight, shade, mirrors, reflections. Some have even taken images showing the permit/ticket on full view as required by signage, but still issued a ticket in the hope the motorist will pay up anyway and not challenge things.

cherry2017

TOP_CAT said:

The OP needs to wake up and listen to the other posters that know what they are talking about via extensive experience  !

Do not heed any manipulative advice or reasoning  to pay the invoice or thank people with a thinnly veiled and vested interest in private parking scammers .

I read through the whole posts, my friend is going to move home in next 6 months, the letter might not arrive and lose the oppotunity to win through court, can we just paid 60 instead of 100?

cherry2017

Fruitcake said:

cherry2017 said:

Terry1931 said:

Fruitcake said:

This discussion is not helping the OP, who has only made the one post asking for advice. It is being dragged off topic.

The regulars on this forum have been giving advice for years; advice that is based on a tried and tested process. Some of the advice is given by legally qualified posters, and/or by posters who have acted as lay reps in court.
One of the most experienced non-legally qualified regular posters on this forum beat a barrister in court.

A new, as yet untried process has been suggested. Before I would consider advising someone else to use that new process, I would want to see it tested in court first to see that it actually works.

No problems

I have also beaten My local Councils Barrister in Court over Breach of the Party Wall Act, so I'm not exactly a newbie either.

I have won MCOL claims against my Council for damages due to Faulty Highways drains.

My comments are entirely appropriate to the original posters question, about what may give the best peace of mind as well as financial response to a parking charge.

It is statistically highly probable that the Poster will lose his appeal in the Kangaroo Court and the Charge will increase by £40, then the same question arises, do you pay or do you wait and see.

Take a look over this forum , its littered with cases that crop up 3, 4 5 or more years after the parking charge is issued.

Some people have busy lives and may even be out of the country or away from home for many months and you wont know when that AOS will be required. 

Some people would rather pay and forget about it, rather  than have this hang over them for some unknown period, my suggestion is that there is indeed a third way to get a satisfactory outcome and beat the \parking operators.

Thanks for your reply, you mentioned 3rd solutions?
to avoid the further problem, how can I offer them like £30 instead of £60 or £100? 
As we have the parking permit, it was just not fully displayed, it is not fair to pay so much like £60.

The third solution is pay the unregulated parking company then make a court claim against them to get the money back.

I have yet to see a parking company accept a reduced offer, or even a drop hands offer. Parking companies want the £100; all of it, not half, not a third. They don't want the reduced discount but they don't have a choice in the matter and have to offer the mugs' discount.
What has fairness got to do with anything. The parking industry is unregulated, and the learned judges in the Beavis case said the PPC doesn't have to have suffered a loss for the charge to stand.

With regards to the permit, it was on display. For all you know, a person or persons unknown could have deliberately bounced up and down on the car to dislodge it.

Parking attendants have been known to take photos from specific and unusual angles to ensure permits and tickets are not shown, or are obscured by sunlight, shade, mirrors, reflections. Some have even taken images showing the permit/ticket on full view as required by signage, but still issued a ticket in the hope the motorist will pay up anyway and not challenge things.

I read through the whole posts, my friend is going to move home in next 6 months, the letter might not arrive and lose the oppotunity to win through court, can we just paid 60 instead of 100?

Le_Kirk

Your friend just needs to inform everyone involved (in the parking issue) of his new address for service as and from DD/MM/YYYY and set up a Royal Mail redirection.

cherry2017

Le_Kirk said:

Your friend just needs to inform everyone involved (in the parking issue) of his new address for service as and from DD/MM/YYYY and set up a Royal Mail redirection.

Good idea

D_P_Dance

Terry, it is not a fine. 

Coupon-mad

It sounds a good idea: pay the fine first and against them through court.

It really doesn't.