Over stayed by six minutes, seems unfair but do I have grounds? Civil Enforcement PCN

itgoodson

Hi, hope someone can give me some advice. 

In March my wife picked up our daughter from her dance class. The teacher wanted a quick word, and my wife ended up staying fifteen minutes in Smyth Street car park in Wakefield.

As I understand the complicated signage, there is a ten minute period in which you are not required to pay. 

• I initially tried disputing the PCN with Civil Enforcement using their appeal process, making the point that it was only five minutes and the £40 fine was not proportionate. Failed.

• I tried ignoring the letters from Civil Enforcement, but they keep coming. The last one (17/06/24) says I have to pay £170.

• I've tried speaking to the dance school owner. But they don't own the land. She says she gets the fines and just pays them! 

There are two signs in the car park: one large one that is lit, but it refers to T&C on other signs, which are unlit. Since it was dark at the time (18:14 to 18:29). Is this grounds?

Is there anything in the T&C that I can go on?

I have thought about sending them a cheque for £20 in "full and final settlement" and seeing what happens. Worth a go? £20 seems fairer, a small slap on the wrist.

My resolve is weakening, life is so busy... £170 for five minutes.  

Sorry if I have missed something in the existing threads.
 ..

Coupon-mad

There are two signs in the car park: one large one that is lit, but it refers to T&C on other signs, which are unlit. Since it was dark at the time (18:14 to 18:29). Is this grounds?

Yes.  And the £100 is really hard to find on those signs.

They would not win in court, IMHO, and there is NO RISK by following our advice. Stand firm please. We stand alongside you and will assist if a claim arrives.

DO NOT PAY IT BUT DO NOT IGNORE A CLAIM FORM. COME BACK HERE & DEFEND.

Tell them if your address changes.

That's all you need to do.

  

itgoodson

Coupon-mad said:

There are two signs in the car park: one large one that is lit, but it refers to T&C on other signs, which are unlit. Since it was dark at the time (18:14 to 18:29). Is this grounds?

Yes.  And the £100 is really hard to find on those signs.

They would not win in court, IMHO, and there is NO RISK by following our advice. Stand firm please. We stand alongside you and will assist if a claim arrives.

DO NOT PAY IT BUT DO NOT IGNORE A CLAIM FORM. COME BACK HERE & DEFEND.

Tell them if your address changes.

That's all you need to do.

  

Ok. Eeeek! No risk?
Want to fight it as it seems so unfair, certainly now, demanding £170 for 5 minutes. But I suppose I don't have lots of time on my hands.

What's the worst that could happen? 

Gr1pr

A loss in your local civil court, with an amount around £200 , to be paid in full within 30 days to avoid credit issues 

Assuming that it made it to a hearing and assuming that you lost 

Coupon-mad

But the NEWBIES thread already covers all this and more. Second post covers the worst case scenario: diddly squat of a difference.

Of course there's no risk. We do not risk people's credit rating. And we win, anyway. 

itgoodson

Ok, thanks, so worst case is £200 down and nothing against my name. I assume that's correct!

KeithP

itgoodson said:

Ok, thanks, so worst case is £200 down and nothing against my name. I assume that's correct!

That's correct. Now start thinking positive.  

itgoodson

KeithP said:

itgoodson said:

Ok, thanks, so worst case is £200 down and nothing against my name. I assume that's correct!

That's correct. Now start thinking positive.  

Ok let's do this 
  

Coupon-mad

Yay!  We will assist. We always do.

itgoodson

Latest communication today: a letter from "Direct Collection Baliffs Ltd" demanding £170.

I assume I just ignore this and continue to wait.

Gr1pr

So completely uninteresting to everyone