Parking fine

22
Found 26th MayEdited by:"Mihir95"
Hey guys, I need advice




So on the xx/03/2018, I received a parking fine ticket of £60 or £100 if not paid in 14 days. It's from a private car park company called



"Elite management (Midlands) LTD2




I appealed them and told them I have had the gym parking voucher (where I can park after 5 pm), but


{Removed for privacy reasons}


but they refused my appeal.
now I have been receiving letters from QDR solicitors

[Screenshot of letter deleted]
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Ok several questions:

1. Do they have proof that no ticket was displayed? E.g a photo? Otherwise its just a "their word against yours" scenario.
2. Did you appeal to POPLA?

By the way, ignore the part about client's legal costs - under small claims court rules you cannot recover legal costs for claim amounts under £10,000 - so that's just an empty threat from them.
Keep hold of your parking ticket because if it did go to court, you have evidence that you paid to park there.
But its highly unlikely that it will go to court - their solicitors fees alone will be many times the claim amount - and they cannot get that back from you.

Their solicitors try and make these letters sound as scary as possible to frighten you into paying up.
The only way they could possibly affect your credit rating, deduct your wages or use court bailiffs is under very strict circumstances:
1. The claim would need to go to court
2. You would need to lose the claim
3. You failed/refused to pay the court order within the given timescale

If you lost but paid up straight away, then nothing is affected!

If you are worried though, offer a settlement to their solicitors, but don't let them bully you like they are trying to do.
Personally i've had all sorts of threads from parking companies and not one has ever taken it to court (most backed down once i mention that i have dashcam footage as evidence - so i'd call their bluff.)

Good luck!
Edited by: "118luke" 26th May
22 Comments
Try speaking to the gym, they might be able to overturn it for you
legally a pass that is not displayed means that you have to pay for parking for that day so they are entitled to charge you a penalty for parking there without displaying your pass or paying the parking fee.

all you have is to rely on their discretion and being an enforcement company, i doubt they will be generous. i would just pay up as you have appealed and it got rejected, which they are legally entitled to do.
Should of just paid it originally. If you didn’t display your gym parking voucher then you are at fault
Ok several questions:

1. Do they have proof that no ticket was displayed? E.g a photo? Otherwise its just a "their word against yours" scenario.
2. Did you appeal to POPLA?

By the way, ignore the part about client's legal costs - under small claims court rules you cannot recover legal costs for claim amounts under £10,000 - so that's just an empty threat from them.
Keep hold of your parking ticket because if it did go to court, you have evidence that you paid to park there.
But its highly unlikely that it will go to court - their solicitors fees alone will be many times the claim amount - and they cannot get that back from you.

Their solicitors try and make these letters sound as scary as possible to frighten you into paying up.
The only way they could possibly affect your credit rating, deduct your wages or use court bailiffs is under very strict circumstances:
1. The claim would need to go to court
2. You would need to lose the claim
3. You failed/refused to pay the court order within the given timescale

If you lost but paid up straight away, then nothing is affected!

If you are worried though, offer a settlement to their solicitors, but don't let them bully you like they are trying to do.
Personally i've had all sorts of threads from parking companies and not one has ever taken it to court (most backed down once i mention that i have dashcam footage as evidence - so i'd call their bluff.)

Good luck!
Edited by: "118luke" 26th May
you are not alone https//fo…650

You will find Honest John has solid advice on all aspects of these shysters

honestjohn.co.uk/faq…es/

Although it is an unlikely scenario, ultimately, solicitors are controlled by the Law Society and solicitors making improper threats (as described above) can be penalised. Always worth a threat of referral back to them with regard to their (as experts) misleading and improper conduct towards a layman (who is not an expert).
Edited by: "ccnp" 26th May
ccnp20 m ago

You are not alone …You are not alone https://forums.moneysavingexpert.com/showthread.php?t=5778650You will find Honest John has solid advice on all aspects of these shystershttps://www.honestjohn.co.uk/faq/private-parking-penalties/Although it is an unlikely scenario, ultimately, solicitors are controlled by the Law Society and solicitors making improper threats (as described above) can be penalised. Always worth a threat of referral back to them with regard to their (as experts) misleading and improper conduct towards a layman (who is not an expert).


In this instance I would of agreed with the parking firm as this person didn't display the correct ticket, right up until the parking firm instructed solicitors and used improper conduct now the wheel has turned and I'd do as you have said.
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deleted1132166
Technically it's not a fine, a private company cannot issue a fine. It's a demand of payment
Just chuck it in the bin, these private companies never proceed to court as it becomes too costly. All they can do is send empty threats.
Try seeing if the company can intervene (gym) if not then basically your liable as failure to correctly display it is the same and not paying. Pay it now before it escalates.

If you think it’ll go away then it’s unlikely, what will happen is they will pursue it and costs will be added and if further ignored it’ll go to high court and the £100 fine will be a thousands.
Edited by: "cmdr_elito" 26th May
They have lovely reviews , I'd get the gym involved
Edited by: "Bradleigh" 26th May
Always get the retailer etc to intervene on your behalf nips everything in the bud. I don't even bother appealing.

Once the Morrison's car park machine decided to print my ticket out in the wrong order got a letter demamding money. Went to morrisons with the ticket as proof that i did pay for my parking and they dealt with parking eye.
118luke26th May

Ok several questions:1. Do they have proof that no ticket was displayed? …Ok several questions:1. Do they have proof that no ticket was displayed? E.g a photo? Otherwise its just a "their word against yours" scenario.2. Did you appeal to POPLA? By the way, ignore the part about client's legal costs - under small claims court rules you cannot recover legal costs for claim amounts under £10,000 - so that's just an empty threat from them.Keep hold of your parking ticket because if it did go to court, you have evidence that you paid to park there. But its highly unlikely that it will go to court - their solicitors fees alone will be many times the claim amount - and they cannot get that back from you.Their solicitors try and make these letters sound as scary as possible to frighten you into paying up.The only way they could possibly affect your credit rating, deduct your wages or use court bailiffs is under very strict circumstances:1. The claim would need to go to court2. You would need to lose the claim3. You failed/refused to pay the court order within the given timescaleIf you lost but paid up straight away, then nothing is affected!If you are worried though, offer a settlement to their solicitors, but don't let them bully you like they are trying to do.Personally i've had all sorts of threads from parking companies and not one has ever taken it to court (most backed down once i mention that i have dashcam footage as evidence - so i'd call their bluff.)Good luck!


they have taken pictures of my car that shows that I did not display the parking voucher.
I did appeal to POPLA but the parking company did not reply

33865473-bPCJL.jpg
33865473-2yuCX.jpgI have received 3 letters so far do you think this company will take me to court. I have never done this type of stuff.
Edited by: "Mihir95" 2nd Jun
Bradleigh1 h, 51 m ago

They have lovely reviews , I'd get the gym involved …They have lovely reviews , I'd get the gym involved https://www.google.co.uk/search?q=qdr+solicitors&oq=qdr+sol&aqs=chrome.2.69i57j69i60j0l3.7953j0j7&client=ms-android-motorola&sourceid=chrome-mobile&ie=UTF-8#lkt=LocalPoiReviews&trex=m_t:lcl_akp,rc_f:nav,rc_ludocids:9476793490585939965,rc_q:QDR%20Solicitors,ru_q:QDR%20Solicitors


I will contact my gym thank you.
It's just a speculative invoice, demanding payment, in the hope you will cave in and pay. Ignore it.
Mihir9514 h, 58 m ago

they have taken pictures of my car that shows that I did not display the …they have taken pictures of my car that shows that I did not display the parking voucher.I did appeal to POPLA but the parking company did not reply [spoiler] [Image] [/spoiler][Image] [Image] I have received 3 letters so far do you think this company will take me to court. I have never done this type of stuff.



errrr, am I missing something here.. it looks as though your POPLA appeal was successful!!! Tell QDR to do one....
Edited by: "Splodger101" 27th May
master1023 h, 46 m ago

Just chuck it in the bin, these private companies never proceed to court …Just chuck it in the bin, these private companies never proceed to court as it becomes too costly. All they can do is send empty threats.



I would suggest a modified form of this approach.

Write back stating your position, rejecting their demands and threats, stating the existence of witnesses etc and invite them to show evidence in support of their claim.

Then bin it.
118luke26th May

Ok several questions:1. Do they have proof that no ticket was displayed? …Ok several questions:1. Do they have proof that no ticket was displayed? E.g a photo? Otherwise its just a "their word against yours" scenario.2. Did you appeal to POPLA? By the way, ignore the part about client's legal costs - under small claims court rules you cannot recover legal costs for claim amounts under £10,000 - so that's just an empty threat from them.Keep hold of your parking ticket because if it did go to court, you have evidence that you paid to park there. But its highly unlikely that it will go to court - their solicitors fees alone will be many times the claim amount - and they cannot get that back from you.Their solicitors try and make these letters sound as scary as possible to frighten you into paying up.The only way they could possibly affect your credit rating, deduct your wages or use court bailiffs is under very strict circumstances:1. The claim would need to go to court2. You would need to lose the claim3. You failed/refused to pay the court order within the given timescaleIf you lost but paid up straight away, then nothing is affected!If you are worried though, offer a settlement to their solicitors, but don't let them bully you like they are trying to do.Personally i've had all sorts of threads from parking companies and not one has ever taken it to court (most backed down once i mention that i have dashcam footage as evidence - so i'd call their bluff.)Good luck!


I will ring qdr tomorrow, my popla appeal wass successful as they did not reply. But actual appeal with parking guys was declined.
118luke26th May

Ok several questions:1. Do they have proof that no ticket was displayed? …Ok several questions:1. Do they have proof that no ticket was displayed? E.g a photo? Otherwise its just a "their word against yours" scenario.2. Did you appeal to POPLA? By the way, ignore the part about client's legal costs - under small claims court rules you cannot recover legal costs for claim amounts under £10,000 - so that's just an empty threat from them.Keep hold of your parking ticket because if it did go to court, you have evidence that you paid to park there. But its highly unlikely that it will go to court - their solicitors fees alone will be many times the claim amount - and they cannot get that back from you.Their solicitors try and make these letters sound as scary as possible to frighten you into paying up.The only way they could possibly affect your credit rating, deduct your wages or use court bailiffs is under very strict circumstances:1. The claim would need to go to court2. You would need to lose the claim3. You failed/refused to pay the court order within the given timescaleIf you lost but paid up straight away, then nothing is affected!If you are worried though, offer a settlement to their solicitors, but don't let them bully you like they are trying to do.Personally i've had all sorts of threads from parking companies and not one has ever taken it to court (most backed down once i mention that i have dashcam footage as evidence - so i'd call their bluff.)Good luck!


They have proof that ticket was not displayed,
Mihir952 h, 45 m ago

I will ring qdr tomorrow, my popla appeal wass successful as they did not …I will ring qdr tomorrow, my popla appeal wass successful as they did not reply. But actual appeal with parking guys was declined.They have proof that ticket was not displayed,


POPLA have overruling powers over the parking company. You appeal has been successful - it would get thrown out of court immediately!
They are trying their chances and you're guaranteed to win now. Nothing to worry about seriously.
Fairly sure they can lose their operating license if they ignore a POPLA ruling. So absolutely don't pay up.


Quote from POPLA Q&As:

What happens after I receive my decision?
After POPLA has considered your appeal and issued a decision, it will issue the decision to both you and the parking operator. If your appeal has been allowed, you will not need to do pay the parking charge and the parking operator will not be able to pursue you for it. If your appeal has been refused, the parking operator may pursue payment.

POPLA’s decision is final, and it’s involvement in the appeal will cease once it has issued its decision. This does not prevent you from pursuing your issue through other channels, such as the courts.
118luke1 h, 37 m ago

POPLA have overruling powers over the parking company. You appeal has been …POPLA have overruling powers over the parking company. You appeal has been successful - it would get thrown out of court immediately!They are trying their chances and you're guaranteed to win now. Nothing to worry about seriously. Fairly sure they can lose their operating license if they ignore a POPLA ruling. So absolutely don't pay up.Quote from POPLA Q&As:What happens after I receive my decision?After POPLA has considered your appeal and issued a decision, it will issue the decision to both you and the parking operator. If your appeal has been allowed, you will not need to do pay the parking charge and the parking operator will not be able to pursue you for it. If your appeal has been refused, the parking operator may pursue payment.POPLA’s decision is final, and it’s involvement in the appeal will cease once it has issued its decision. This does not prevent you from pursuing your issue through other channels, such as the courts.


Thank you very much for your reply I feel kinda relief. I thought they are just being mean even tho my POPLA appeal was successful. But thanks for your help.
this is creepy af (pure bully)

33900481-8mRQP.jpg
Mihir9553 m ago

this is creepy af (pure bully)[Image]


That is creepy, how do they know that? I'd recommend taking that letter down though - maybe they weren't sure if this was the right thread and they were waiting for you to upload the letter so they could confirm it.
1. There is a definite need to enforce order in parking, however, there needs to be reasonableness and fairness.

2. It is a truism in life that an individual is not diligent 100% of the time, "to err is to be human".

3. The core purpose of a penalty is enforce order in parking, its core purpose is not to enforce against the truism in 2. (viz. not displayed , but has evidence of a gym parking voucher), there should be an effective exception process for human error and fault - a let of discretion and of compassion for others.

4. This part of the services industry growth is founded with a solid foundation of growth in greed (Cambridge disctionary of greed is "a very strong wish to continuously get more of something, especially food or money", and the consequences of this greed is to disrupt societal efficiency and well-being. This services industry does not produce "widgets" for economic trade.

5. For a "parking fine ticket of £60 or £100 if not paid in 14 days", always risk extra £40 to challenge the human greed and let the appeal agency know of the trending in human greed and its greedy methods.

6. The trending on greed will be analysed and evaluated, as it will be clear that the greed is not founded to enforce order in parking but is founded on exploiting, "to err is to be human".

7. It is hoped that trending will generate a business greed report for the drafting of legislation. If few people appeal and paid £60 then nothing much would be done, however, if 1 million people in 5 years appealed, then the outlook could be very different.

Addendum:

In my personal experience of 5, 6, 7 above, I have 75+% success rate in appeal against parking and driving. One big success was against a mult-million £ annual money grabber of a no-entry sign (certain hours restriction), but the chance of identifying the time restriction signage is exceptionally low. An appeal agency would only realise its unreasonableness in trending when very many people appeal. (Anyone who appealed was put on hold pending for a court ruling on that signage and I have not heard anything since for two years from the appeals tribunal.)
Edited by: "splender" 2nd Jun
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