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Tungtvann
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PostPosted: 23:07 - 19 Aug 2013    Post subject: Private parking charge Reply with quote

I know it has been discussed on here before, but I just wanted to check if anything has changed.

Parked my car in a private car park at the weekend, bought a ticket and displayed it in my car. Returned to find my car has a notice on it, I was 5 minutes late, so thought they were sneaky fuckers, until I noticed the time of the notice was 20 minutes before my ticket expired.

I went to the website and filled in the appeal form, attaching a copy of my purchased ticket and the parking charge notice, but I did not want to give them my name and address like they said I had to.

Already had a reply informing my that I MUST inform them of my name and address if they are to consider the appeal.

Am I opening myself up to any trouble by providing them with this information or should I ignore all further correspondence? I already worded strongly to them that I will not be threatened by their tactics (already had a threat of court action at this point).

Do I:

A) Ignore everything from them, knowing that I paid my ticket and it would never get to court, let alone stand up in one.

B) Provide them with my details, but make it easier for them to post shit to me with threats about fines, court and debt collection agencies. If they try and bullshit and claim that I didn't actually have a ticket on display that is.

C) Travel to where the company director lives (whom I am in correspondence with and know where his house is) and *do nothing at all, but imagine doing nasty things to his property, vehicles and himself*.
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kerr
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PostPosted: 23:28 - 19 Aug 2013    Post subject: Reply with quote

Unless its from the council ignore it.
Ooooor if you have the directors address it would (hypothetically) be funny to plaster all his vehicles with bogus parking tickets Thumbs Up
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Tungtvann
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PostPosted: 23:32 - 19 Aug 2013    Post subject: Reply with quote

I've read varying accounts online about whether to ignore or not, they really have no grounds for any court case, but I'd rather them fuck off now instead of it being drawn out for ages.

The director lives literally 5 minutes from where I am based, I know what he looks like, he looks like he'd scare easily too. I'm just dreaming of course, I'd never consider shouting naughty things at him from across the street.
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smithyithy
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PostPosted: 23:37 - 19 Aug 2013    Post subject: Reply with quote

You say you were 5 mins late, I'm guessing that equates to around 20p theoretical lost revenue for them, yet they're asking for about £50, right?

Go to his house, knock on his door, politely explain who you are and your situation, and hand him the 20-or-so pence in change, explaining it's all he deserves and it's all he's getting, then leave and cut all contact.

Oh and say you'll rape his daughter if you hear anything else*












*don't do that.
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Tungtvann
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PostPosted: 23:42 - 19 Aug 2013    Post subject: Reply with quote

No, I'm not admitting I was late, the charge notice was issued BEFORE my ticket expired.
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iMark
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PostPosted: 23:43 - 19 Aug 2013    Post subject: Reply with quote

Name: Mr I.
Surname: Responsible
Address: (Local Police station address)


See if they like that.
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Tungtvann
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PostPosted: 23:46 - 19 Aug 2013    Post subject: Reply with quote

iMark wrote:
Name: Mr I.
Surname: Responsible
Address: (Local Police station address)


See if they like that.

I'm already bordering on sending him sarky emails, but the guy might make it a personal vendetta and pursue this further than they normally would.

I just want to know, if I send them my details like they require for an 'appeal', am I opening myself up to trouble or further action?
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iMark
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PostPosted: 23:52 - 19 Aug 2013    Post subject: Reply with quote

Chances are they will sell your information to advertising companies then you will be called every day at around tea-time by "Stephen" who is clearly named Omar in real life.
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Skudd
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PostPosted: 00:13 - 20 Aug 2013    Post subject: Reply with quote

Ignore it. If it ever gets to court, it wont, then take the ticket and your parking ticket to show that it was issued incorrectly, then get down the small claims court and put a claim in for your time and trauma it has caused against them. Thumbs Up
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J.M.
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PostPosted: 00:20 - 20 Aug 2013    Post subject: Reply with quote

Skudd wrote:
Ignore it. If it ever gets to court, it wont, then take the ticket and your parking ticket to show that it was issued incorrectly, then get down the small claims court and put a claim in for your time and trauma it has caused against them. Thumbs Up


This man speaks sense Thumbs Up
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Tungtvann
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PostPosted: 00:24 - 20 Aug 2013    Post subject: Reply with quote

Righty-o. Will do. I'm not bitching out to this little punk, I shouldn't need to explain or justify myself and waste any more time when I paid for the parking anyway.

COME AT ME BRO, YOU WILL BE SORRY.
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Joncrete Cungle
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PostPosted: 01:10 - 20 Aug 2013    Post subject: Reply with quote

PM me the name of the Private Parking Parasites, do not reveal information online, the cnuts trawl forums looking for victims. DO NOT BLINDLY IGNORE IT!!! Hundreds of ignorers every week now get court papers.

Drivers / registered keepers are being taken to court and plenty of them are getting a shoeing, sadly. Thumbs Down
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Rogerborg
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PostPosted: 07:25 - 20 Aug 2013    Post subject: Reply with quote

Is that because POFA (on my reading of it) actually legalises extorting whatever crazy penalty charge is on the sign, rather than the "genuine pre-estimate of loss" (generally nothing, or Penny CoinPenny Coin) that folk had been successfully arguing?

If so, well colour me shocked, shocked, I say, that legislation drawn up in consultation with the parking industry actually turns out to do the exact opposite of what it professes.
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jeddy11
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PostPosted: 08:02 - 20 Aug 2013    Post subject: Reply with quote

If you want it to go away then id say give them the information and as you have the proof it will get dropped..under data protection they can't do anything with it..

Ignore it could go on for months ...

can you be bothered with the hassel ?
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Hetzer
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PostPosted: 08:51 - 20 Aug 2013    Post subject: Reply with quote

jeddy11 wrote:
If you want it to go away then id say give them the information and as you have the proof it will get dropped..under data protection they can't do anything with it..

Ignore it could go on for months ...

can you be bothered with the hassel ?


What hassle? Chucking envelopes into the bin? Ignoring knocks on the door from anyone not recognized or known? Puh.
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Joncrete Cungle
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PostPosted: 09:13 - 20 Aug 2013    Post subject: Reply with quote

Rogerborg wrote:
Is that because POFA (on my reading of it) actually legalises extorting whatever crazy penalty charge is on the sign, rather than the "genuine pre-estimate of loss" (generally nothing, or Penny CoinPenny Coin) that folk had been successfully arguing?

If so, well colour me shocked, shocked, I say, that legislation drawn up in consultation with the parking industry actually turns out to do the exact opposite of what it professes.


Sort of yes. The Private Parking Industry have had a cozy with the Ministry of Justice, the result of which is that many valid arguments surrounding signage, formation of a contract, consideration, right of audience, contract with the landowner, penalty clauses and not being a pre estimate of loss are ignored by the bottom rung of the court system.

Even instances where the parking company has failed to abide by the legislation in the POFA enabling them to claim from the registered keeper, rendering registered keeper liability null and void has seen judges award in their favour. It really needs someone with the cojones and pockets to drag the issue up to big boys court.
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Rogerborg
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PostPosted: 10:30 - 20 Aug 2013    Post subject: Reply with quote

I'm saddened but not surprised to hear it.

My suspicion was the the PoFA provisions were a deal whereby the clampers and towers would cease their very visible and unpopular activities in return for their racket being legitimised by a specific law.

The celebrating at PePiPoo and elsewhere was rather premature and apparently based on a selective reading of PoFA. Taken in the whole, it looks to me to provide an appallingly convoluted and tortuous (pun intended) document for the ghouls to wave around and scoff "Oh, facts, you don't need those when you've got a law."
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keggyhander
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PostPosted: 11:39 - 20 Aug 2013    Post subject: Reply with quote

The ticket I received for parking in a disabled space in Meadowhall SEEMS to have gone away. The last shouty letter was received three months ago.

If it by chance went to court, I would say to the beak, "I have broken no law, but it could be said I had parked discourteously. Meadowhall have made no material loss, considering the £200 I had just spent in Currys. If it pleases the court, I will willingly donate fifty pounds to a disabled charity of the bench's choosing, provided that no monies are taken from myself and given to parking vultures.

I commend this moral choice to the court."
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Tungtvann
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PostPosted: 12:13 - 20 Aug 2013    Post subject: Reply with quote

Should I send an email informing them that I am in fear or giving out my personal details to a company that I have heard bad things about? That way, if it ever gets 'taken to court' like he says, they could see why I was reluctant to disclose my personal details to someone whom I don't know.

According to the toilet paper they placed on my car, an appeal must be made within 28 days. I'd rather not shoot myself in the foot, ignoring everything when I really could try my luck and give them my details hoping they'd honour (hahaha, yeah right) my quite rightful claim. I know it's easy enough to get my details fromt he DVLA, so am I really changing anything by not giving them it now?

I'm not really bothered by what they may send to me, but I'm likely to deploy on ops sometime over the next few months and all mail would be going to my parents', I'd rather not have them deal with assholes knocking on the door whilst I am away.

If they denied my appeal, I'm ready to go full retard on them, but is it worth trying to see if they aren't complete assholes?
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Joncrete Cungle
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PostPosted: 13:09 - 20 Aug 2013    Post subject: Reply with quote

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

Quote:
Right to claim unpaid parking charges from keeper of vehicle4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.
(2)The right under this paragraph applies only if—
(a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met; and
(b)the vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.
(3)For the purposes of the condition in sub-paragraph (2)(b), the vehicle is to be presumed not to be a stolen vehicle at the material time, unless the contrary is proved.
(4)The right under this paragraph may only be exercised after the end of the period of 28 days beginning with the day on which the notice to keeper is given.
(5)The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).
(6)Nothing in this paragraph affects any other remedy the creditor may have against the keeper of the vehicle or any other person in respect of any unpaid parking charges (but this is not to be read as permitting double recovery).
(7)The right under this paragraph is subject to paragraph 13 (which provides for the right not to apply in certain circumstances in the case of a hire vehicle).
Conditions that must be met for purposes of paragraph 45(1)The first condition is that the creditor—
(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but
(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.
(2)Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.
6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)—
(a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8; or
(b)has given a notice to keeper in accordance with paragraph 9.
(2)If a notice to driver has been given, any subsequent notice to keeper must be given in accordance with paragraph 8.
7(1)A notice which is to be relied on as a notice to driver for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.
(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
(b)inform the driver of the requirement to pay parking charges in respect of the specified period of parking and describe those charges, the circumstances in which the requirement arose (including the means by which it was brought to the attention of drivers) and the other facts that made those charges payable;
(c)inform the driver that the parking charges relating to the specified period of parking have not been paid in full and specify the total amount of the unpaid parking charges relating to that period, as at a time which is—
(i)specified in the notice; and
(ii)no later than the time specified under paragraph (f);
(d)inform the driver of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
(e)identify the creditor and specify how and to whom payment may be made;
(f)specify the time when the notice is given and the date.
(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices each specifying different parts of a single period of parking).
(4)The notice must be given—
(a)before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and
(b)while the vehicle is stationary,
by affixing it to the vehicle or by handing it to a person appearing to be in charge of the vehicle.
(5)In sub-paragraph (2)(d) the reference to arrangements for the resolution of disputes or complaints includes—
(a)any procedures offered by the creditor for dealing informally with representations by the driver about the notice or any matter contained in it; and
(b)any arrangements under which disputes or complaints (however described) may be referred by the driver to independent adjudication or arbitration.
8(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.
(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;
(c)state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f);
(d)if the unpaid parking charges specified in that notice to driver as required by paragraph 7(2)(c) have been paid in part, specify the amount that remains unpaid, as at a time which is—
(i)specified in the notice to keeper, and
(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));
(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;
(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—
(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;
(g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;
(i)specify the date on which the notice is sent (if it is sent by post) or given (in any other case).
(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.
(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
(7)When the notice is given it must be accompanied by any evidence prescribed under paragraph 10.
(8)In sub-paragraph (2)(g) the reference to arrangements for the resolution of disputes or complaints includes—
(a)any procedures offered by the creditor for dealing informally with representations by the keeper about the notice or any matter contained in it; and
(b)any arrangements under which disputes or complaints (however described) may be referred by the keeper to independent adjudication or arbitration.
9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.
(2)The notice must—
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;
(c)describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;
(d)specify the total amount of those parking charges that are unpaid, as at a time which is—
(i)specified in the notice; and
(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));
(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—
(i)to pay the unpaid parking charges; or
(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;
(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—
(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
(ii)the creditor does not know both the name of the driver and a current address for service for the driver,
the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;
(g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;
(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;
(i)specify the date on which the notice is sent (where it is sent by post) or given (in any other case).
(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).
(4)The notice must be given by—
(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or
(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.
(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.
(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
(7)When the notice is given it must be accompanied by any evidence prescribed under paragraph 10.
(8)In sub-paragraph (2)(g) the reference to arrangements for the resolution of disputes or complaints includes—
(a)any procedures offered by the creditor for dealing informally with representations by the keeper about the notice or any matter contained in it; and
(b)any arrangements under which disputes or complaints (however described) may be referred by the keeper to independent adjudication or arbitration.
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Joncrete Cungle
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PostPosted: 13:22 - 20 Aug 2013    Post subject: Reply with quote

You have not identified yourself to the PPC, wait for them to buy the registered keepers details from the DVLA. Then appeal to the PPC, 99.9% of the time the PPC rejects your appeal. As the PPC you are dealing with is BPA AOS they have to accept your appeal Rolling Eyes or reject it and allow you to appeal to the 'impartial' Rolling Eyes POPLA Rolling Eyes

DO NOT ADMIT TO BEING THE DRIVER! Or you potentially kill off your POPLA appeal avenue and may well end up in court. POPLA is binding on the PPC but not on the driver / keeper. It is imho better to kill the issue stone dead via POPLA than risk trying to defend yourself in court and potentially end up being ordered to pay hundreds of pounds for feck all.
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G
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PostPosted: 14:03 - 20 Aug 2013    Post subject: Reply with quote

I'm far from up on the details, but could you suggest that if they don't cancel the ticket immediately, you will be billing them for any further time you have to take up in the matter.
What's the going rate for a 'legal' letter these days?
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Rogerborg
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PostPosted: 14:39 - 20 Aug 2013    Post subject: Reply with quote

I appreciate that you don't want to get too clever, but if you change your mind then I love this response and would allow it to do its damndest to father children on me.
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Nick__C
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PostPosted: 21:33 - 21 Aug 2013    Post subject: Reply with quote

Not sure if it's already been mentioned as I skim read, but I'm pretty sure that even if they were correct in fining you it has to be proportional to the loss that your alleged parking offense caused them?
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i.p.phrealy
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PostPosted: 00:14 - 22 Aug 2013    Post subject: Reply with quote

Nick__C wrote:
Not sure if it's already been mentioned as I skim read, but I'm pretty sure that even if they were correct in fining you it has to be proportional to the loss that your alleged parking offense caused them?


I think the issue was that they slapped the ticket on the OPs car whilst he still had another 15 minutes of time in the car park. so loss wasn't the issue as he had already paid for the time he was parked there.
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