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Refusing to pay a parking fine - what will happen? Options
nathan8
#1 Posted : Saturday, May 30, 2009 10:47:24 AM
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Ok, continuing on from the old board Boo hoo! , I've done my research into this now. It seems very unlikely that I'll have to pay anything. I've looked on moneysavingexpert now, and they agree with other advice I've read. Basically, it's the driver of the car that has broken a "contract" with the parking company, which they entered into when they parked there.

Now, they've written to me as I'm the registered keeper of the vehicle, but I'm not responsible for the ticket if I wasn't the driver, and I'm still not responsible even if I know who the driver was. I'm also not obliged to disclose this information if known, as it's up to them to prove guilt, and not for me to admit liability. This is the letter I've sent to them:

Dear Sir or Madam

I receieved a parking ticket issued on 26th May 2009, but I will not be paying your demand for payment as I was not the driver of the vehicle at the time in question. I am also under no obligation to disclose who was driving the car, so please go not contact me again with regards this matter.

Yours faithfully

.........


Hopefully, that will be the lsat I hear from them.
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big ieu
#2 Posted : Saturday, May 30, 2009 5:19:20 PM
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though you may not be under legal obligation to disclose the culprit, are you under a moral one?
nathan8
#3 Posted : Saturday, May 30, 2009 10:37:23 PM
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big ieu wrote:
though you may not be under legal obligation to disclose the culprit, are you under a moral one?

Morals went out the window when I received a £50 fine (if I pay in 14 days, £110 otherwise) for parking at a shopping centre, and then spending money at those very shops. Not talking
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Gert Mint
#4 Posted : Thursday, June 04, 2009 1:42:58 PM
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Had a reply yet Redders? When I contested a parking ticket as the machine had broken, they pretty much said 'pay it, or wait a bit then pay double, or take us to court'.
nathan8
#5 Posted : Monday, June 08, 2009 4:45:58 PM
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As TBC Ben brought this up in another thread, I thought I'd add the slight development recently. Had another letter through the other day with photos of my car arriving at and leaving the car park (too long distance to see who's in it), telling me I had 4 days to pay or my fine goes up from £50 to £110. This crossed with my letter though (received it the day after I finally got round to posting mine), and I haven't heard anything since then, although it's only been a couple of days.

Should check if the in-laws have heard anything as they sent off the same letter a few days before me. They haven't mentioned anything to me or Emily though, and I'm fairly sure they would have if they'd heard, so it's looking good I reckon.
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Eakes
#6 Posted : Monday, June 08, 2009 4:52:25 PM
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I reckon they will wait til the 4 days is up. You are toast Redshaw. Glad I got my money out of you for the cricket before you go bankrupt.
Davo1
#7 Posted : Monday, June 08, 2009 5:20:21 PM
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nathan8 wrote:


I am also under no obligation to disclose who was driving the car, so please go not contact me again with regards this matter.

.........




Are you under any obligation to note the difference between a 'd' and a 'g'?

Hoping you didn't paste the original letter into this post: spelling mistakes in your complaints lack class!

Good luck either way.
nathan8
#8 Posted : Monday, June 08, 2009 8:47:54 PM
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Davo1 wrote:
nathan8 wrote:


I am also under no obligation to disclose who was driving the car, so please go not contact me again with regards this matter.

.........




Are you under any obligation to note the difference between a 'd' and a 'g'?

Hoping you didn't paste the original letter into this post: spelling mistakes in your complaints lack class!

Good luck either way.


Ha! Had to re-read that bit about 3 times before I spotted my error. Fortunately, I typed it quickly myself and didn't copy and paste.
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Cornish Dave
#9 Posted : Monday, June 08, 2009 9:50:44 PM
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I am not sure of the full circumstances into your problems Nath so please fill me in, but what usually happens with traffic offences is that if a fine is not paid within the set amount of time (ie 14 or 28 days) it goes up by 50%. if it is then not paid, a summons will be issued for court. if you don't disclose who is the driver, that is not a defence and so one may be found guilty as it is pretty much like saying 'no comment' in an interview. inference is drawn from one's silence.
however, if it is a civil claim from a private firm, the law may be slighty different, hence why I may need filling in on the full details of where and what circumstances etc Confused
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nathan8
#10 Posted : Tuesday, June 09, 2009 8:43:22 AM
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Cornish Dave wrote:
I am not sure of the full circumstances into your problems Nath so please fill me in, but what usually happens with traffic offences is that if a fine is not paid within the set amount of time (ie 14 or 28 days) it goes up by 50%. if it is then not paid, a summons will be issued for court. if you don't disclose who is the driver, that is not a defence and so one may be found guilty as it is pretty much like saying 'no comment' in an interview. inference is drawn from one's silence.
however, if it is a civil claim from a private firm, the law may be slighty different, hence why I may need filling in on the full details of where and what circumstances etc Confused


It is a private firm. I've researched it thoroughly enough (I believe), and their system is based on the law of contract, which means that the driver basically enters a contract with them simply by parking there. This means it's different from if you're given a ticket by a normal traffic warden for example. In that case, I understand it's a criminal offence if you don't pay it. Doesn't work like that with private firms, and from what I've read, a private parking firm has never taken anyone to court to anyone's knowledge. Because it can't be a criminal offence, I don't have to disclose who was the driver, even if I know.

Anyway, confirmed last night that the in-laws have heard nothing from this company since they sent their letter.
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Cornish Dave
#11 Posted : Tuesday, June 09, 2009 10:27:59 PM
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fair do's then. reckon you got away with it you lucky jammer!Cool
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Gert Mint
#12 Posted : Wednesday, June 10, 2009 8:28:10 AM
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I've just phoned the parking company to tell them to read this thread, then take you to court. Liar
nathan8
#13 Posted : Wednesday, June 10, 2009 8:50:29 AM
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Gert Mint wrote:
I've just phoned the parking company to tell them to read this thread, then take you to court. Liar


Doesn't matter. I haven't said anywhere who the driver was. Razz Anyway, I doubt you can use what's said on a message board forum in a court of law. Can they prove who "nathan8" is? Would they bother to waste their time trying to do so?
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Eakes
#14 Posted : Wednesday, June 10, 2009 9:04:25 AM
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Nath, I think there is precedent for using messageboards and what people have written on them in defamation cases but not sure in other cases. Either way, I think you're an idiot. So sue me!!!
Shearsy
#15 Posted : Wednesday, June 10, 2009 9:13:44 AM
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nathan8 wrote:

It is a private firm. I've researched it thoroughly enough (I believe), and their system is based on the law of contract, which means that the driver basically enters a contract with them simply by parking there. This means it's different from if you're given a ticket by a normal traffic warden for example. In that case, I understand it's a criminal offence if you don't pay it. Doesn't work like that with private firms, and from what I've read, a private parking firm has never taken anyone to court to anyone's knowledge. Because it can't be a criminal offence, I don't have to disclose who was the driver, even if I know.

Anyway, confirmed last night that the in-laws have heard nothing from this company since they sent their letter.


In a privately owned car park such as the one this ticket was issued in, the ticket is issued to the driver. Because of this, if they can't prove who was driving then they can't enforce the ticket. A council issued notice (what you'll get normally in Bristol/South Glos) is still a civil notice, it's just issued to the vehicle. Therefore, it would be tough luck if you weren't driving - it's your car that contravened the regulations so you're liable to pay it.


Next time just read the signs - it is the drivers responsibility to ensure there vehicle doesn't break the rules of the car park!!
Sir Chirpsalot9
#16 Posted : Wednesday, June 10, 2009 10:12:04 AM
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I always knew Shearsy was good for something.
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Shhh
Benjiman
#17 Posted : Wednesday, June 10, 2009 12:44:52 PM
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Shearsy wrote:


Next time just read the signs - it is the drivers responsibility to ensure there vehicle doesn't break the rules of the car park!!


So you are basically saying that Nathan needs to keep a better control over his wife?
Shearsy
#18 Posted : Wednesday, June 10, 2009 1:20:11 PM
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Benjiman wrote:
Shearsy wrote:


Next time just read the signs - it is the drivers responsibility to ensure there vehicle doesn't break the rules of the car park!!


So you are basically saying that Nathan needs to keep a better control over his wife?



Ha-ha, not just Nathan but everyone in general. The restrictions are there for all to see...you wouldn't believe how many times I have to listen to the same sort of comments people have come up with on here/the previous messageboard!
Benjiman
#19 Posted : Friday, June 12, 2009 12:39:46 PM
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I work in Lloyds Offices Bedminster right next to ASDA. Many people park their cars in the ASDA carpark where there is a maximum stay of 3 hours. At lunch time they either move their car into the Lloyds carpark if they have been lucky enough to get offered a space. or they move it to the Argos carpark. The people who run ASDA car park have cottoned onto this now and are threatening to hand out £65 fines to anybody caught doing this. They say that it is for ASDA Customers only and you will need to provide a receipt as proof of shopping in the store during your stay. I think that people will just go in the store before work now and buy a packet of chewing gum or a newspaper.
Cornish Dave
#20 Posted : Friday, June 12, 2009 9:43:32 PM
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Benjiman wrote:
I work in Lloyds Offices Bedminster right next to ASDA. Many people park their cars in the ASDA carpark where there is a maximum stay of 3 hours. At lunch time they either move their car into the Lloyds carpark if they have been lucky enough to get offered a space. or they move it to the Argos carpark. .

clearly one of your sins ben but then if you walked the 1 mile instead of driving your lazy ass down the hill, you wouldn't have to worry about parking
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