F30POST
F30POST
2012-2015 BMW 3-Series and 4-Series Forum
BMW Garage BMW Meets Register Today's Posts
BMW 3-Series and 4-Series Forum (F30 / F32) | F30POST > 2012-2019 BMW 3 and 4-Series Forums > Regional Forums > UK > UK - Off Topic > Challenging an overstay parking ticket - help,and advice
proTUNING Freaks
Post Reply
 
Thread Tools Search this Thread
      08-11-2017, 03:49 PM   #1
Kal101
Major General
Kal101's Avatar
United Kingdom
3105
Rep
7,032
Posts

Drives: 335xd Msport +
Join Date: Jan 2014
Location: West mids!!!!

iTrader: (0)

Garage List
Challenging an overstay parking ticket - help,and advice

Following on from my last thread where Fat Kid 1 was sent an overstay in a car park charge notice by Parking Eye.

Well the description was correct ie Ford Focus ST but the car displayed was a Ford Ecosport - totally different cars. So we appealed on that basis . Incidentally the dealer has admitted they fitted the wrong plates to another customers car .

After appealing the notice we've been told the appeal has been rejected due to insufficient evidence. Now their pictures clearly show the wrong car ! However their evidence which is enough for them to issue a charge notice isn't enough to show they've got the wrong car

Any advice etc greatly appreciated.

Thanks in advance.
__________________
Appreciate 0
      08-11-2017, 03:53 PM   #2
robbiep
Brigadier General
United Kingdom
1983
Rep
3,216
Posts

Drives: VW e-Golf !
Join Date: Dec 2013
Location: North Wales, UK

iTrader: (0)

Send them a picture of the actual car, along with a copy of the letter from the dealer admitting their mistake on the numberplates, and tell them that you'll be very happy to meet them in a courtroom for a judge to decide.
Appreciate 1
Kal1013105.00
      08-11-2017, 04:20 PM   #3
Kal101
Major General
Kal101's Avatar
United Kingdom
3105
Rep
7,032
Posts

Drives: 335xd Msport +
Join Date: Jan 2014
Location: West mids!!!!

iTrader: (0)

Garage List
Quote:
Originally Posted by robbiep View Post
Send them a picture of the actual car, along with a copy of the letter from the dealer admitting their mistake on the numberplates, and tell them that you'll be very happy to meet them in a courtroom for a judge to decide.
That's a thought. Dealer has admitted their error but seems to want to do little else. His Advice was give it to the other party to pay.

Can't see why the idiots can't look at their own photo and description.

Personally I think they're using these tactics to "encourage" people to pay. It took some digging to even find their email hidden on their website , they advise writing in.
__________________
Appreciate 0
      08-11-2017, 04:24 PM   #4
TouringPleb
Brigadier General
4372
Rep
4,230
Posts

Drives: SRB 440i GC
Join Date: Jan 2014
Location: Cambs

iTrader: (0)

Send them a copy of the V5?
Appreciate 1
Kal1013105.00
      08-11-2017, 04:29 PM   #5
Kal101
Major General
Kal101's Avatar
United Kingdom
3105
Rep
7,032
Posts

Drives: 335xd Msport +
Join Date: Jan 2014
Location: West mids!!!!

iTrader: (0)

Garage List
Quote:
Originally Posted by TouringPleb View Post
Send them a copy of the V5?
Don't know if they'll pay attention. Already dismissed the fact that their picture shows it a different car from the information they obtained from the DVLA
__________________
Appreciate 0
      08-11-2017, 04:32 PM   #6
TouringPleb
Brigadier General
4372
Rep
4,230
Posts

Drives: SRB 440i GC
Join Date: Jan 2014
Location: Cambs

iTrader: (0)

Quote:
Originally Posted by Kal027 View Post
Quote:
Originally Posted by TouringPleb View Post
Send them a copy of the V5?
Don't know if they'll pay attention. Already dismissed the fact that their picture shows it a different car from the information they obtained from the DVLA
Refuse to pay and tell them to take you to the small claims court?
Appreciate 1
Kal1013105.00
      08-11-2017, 05:03 PM   #7
NISFAN
Major General
NISFAN's Avatar
United Kingdom
3489
Rep
9,709
Posts

Drives: BMW M2
Join Date: Aug 2012
Location: Bedford UK

iTrader: (0)

Tell them to stick their 'invoice' up their japs eye
Appreciate 2
Kal1013105.00
simon.922.00
      08-11-2017, 05:15 PM   #8
Kal101
Major General
Kal101's Avatar
United Kingdom
3105
Rep
7,032
Posts

Drives: 335xd Msport +
Join Date: Jan 2014
Location: West mids!!!!

iTrader: (0)

Garage List
Quote:
Originally Posted by TouringPleb View Post
Refuse to pay and tell them to take you to the small claims court?
Quote:
Originally Posted by NISFAN View Post
Tell them to stick their 'invoice' up their japs eye
Personally I'd be tempted to and have suggested both. Unfortunately Fat Kid 1 is brought up too well to go with the first suggestion.
__________________
Appreciate 0
      08-11-2017, 05:34 PM   #9
rlmesq
Lieutenant Colonel
1039
Rep
1,509
Posts

Drives: 2018 440i M Sport
Join Date: Feb 2012
Location: Chico, CA

iTrader: (0)

Interesting to see that parking authorities are crazy on the other sign of the pond, too.

I received a parking ticket from Los Angeles in the mail. At the time of the citation, I was at an event 600 miles away (with the local Sheriff and District Attorney in attendance, too).

Like Kal027, I didn't get the pictures until the appeal deadline had passed. It showed a 2014 435i M Sport (similar to the car I had at the time), but a different color and no plates. The VIN was similar to mine, but not the same, so it was obvious that the meter maid had made an error. I called to say that I located the error after viewing the photos, and they essentially told me to stick it up my bum because I'd already lost the appeal.

(The car that was cited had been driving around for TWO YEARS without license plates. I don't understand why they didn't tow it.)

I went to the Los Angeles website and found the ombudsman in the mayor's office, who deals with community issues, and faxed about forty pages of information about the ticket. It was dismissed the following day.

Maybe there's a similar agency that Kal027 can contact?

Quote:
Originally Posted by TouringPleb View Post
Refuse to pay and tell them to take you to the small claims court?
Not sure if that's a good idea.

Again, I don't know how things work in GB, but here in California, if you have unpaid parking tickets, they just hold up your registration and/or drivers license renewal if you have unpaid tickets, and tack on additional fees as time goes on.

Tickets are like cancer... if you ignore them, they don't just go away. They get worse.
Appreciate 1
Kal1013105.00
      08-11-2017, 06:10 PM   #10
NISFAN
Major General
NISFAN's Avatar
United Kingdom
3489
Rep
9,709
Posts

Drives: BMW M2
Join Date: Aug 2012
Location: Bedford UK

iTrader: (0)

Quote:
Originally Posted by rlmesq View Post
Interesting to see that parking authorities are crazy on the other sign of the pond, too.

I received a parking ticket from Los Angeles in the mail. At the time of the citation, I was at an event 600 miles away (with the local Sheriff and District Attorney in attendance, too).

Like Kal027, I didn't get the pictures until the appeal deadline had passed. It showed a 2014 435i M Sport (similar to the car I had at the time), but a different color and no plates. The VIN was similar to mine, but not the same, so it was obvious that the meter maid had made an error. I called to say that I located the error after viewing the photos, and they essentially told me to stick it up my bum because I'd already lost the appeal.

(The car that was cited had been driving around for TWO YEARS without license plates. I don't understand why they didn't tow it.)

I went to the Los Angeles website and found the ombudsman in the mayor's office, who deals with community issues, and faxed about forty pages of information about the ticket. It was dismissed the following day.

Maybe there's a similar agency that Kal027 can contact?

Quote:
Originally Posted by TouringPleb View Post
Refuse to pay and tell them to take you to the small claims court?
Not sure if that's a good idea.

Again, I don't know how things work in GB, but here in California, if you have unpaid parking tickets, they just hold up your registration and/or drivers license renewal if you have unpaid tickets, and tack on additional fees as time goes on.

Tickets are like cancer... if you ignore them, they don't just go away. They get worse.
Nah, parking eye is a private company, they are not authorised to issue genuine tickets. What they give out is an overstay invoice which if not paid they enforce through the courts.

The OP would be safe if the car in the pic isn't theirs together with the evidence from the dealer.
Appreciate 1
Kal1013105.00
      08-11-2017, 06:11 PM   #11
JD6
Major General
JD6's Avatar
United Kingdom
4275
Rep
6,953
Posts

Drives: 840i GC + Mini Electric L3
Join Date: May 2014
Location: United Kingdom

iTrader: (0)

Sounds like you have a very easy case to win should they be foolish enough to take it to court. I suggest you write back to them (recorded delivery) pointing out their error, but be polite and reasonable, as this letter may well end up as evidence.

The dealer's response is very poor in my view. Their cock up has caused this, even if the parking company have compounded their error. I would contact Ford customer services too and explain that the dealer's error has cost you time and effort.

Should Parking Eye take this to court, I'm pretty sure there is a way of forcing the dealer to become a co-defendant. Any lawyers here?
Appreciate 1
Kal1013105.00
      08-11-2017, 06:29 PM   #12
simon.
Colonel
United Kingdom
922
Rep
2,559
Posts

Drives: F48 25D mSport
Join Date: Dec 2014
Location: Milton Keynes

iTrader: (0)

^^^
Do this & I'm pretty sure you can invoice them a hourly rate for all the time you have put in to dispute it.

Send all recorded with your invoice & say that you refuse all further correspondence bar them cancelling the ticket & sending you your claimed costs for time & if they wish to proceed that you will see them in court.

Bunch of total twats with a computer says no attitude.
Appreciate 1
Kal1013105.00
      08-12-2017, 05:02 AM   #13
R0B
Colonel
R0B's Avatar
1535
Rep
2,217
Posts

Drives: a car
Join Date: Aug 2010
Location: Location Location

iTrader: (0)

I wouldn't have even acknowledged it to be honest. I believe in paying your dues but these lot are just cowboys and ignoring them has always worked for me.
Appreciate 1
Kal1013105.00
      08-12-2017, 08:05 AM   #14
Sasquartch
Major
606
Rep
1,455
Posts

Drives: 520i G30
Join Date: Aug 2016
Location: Herts

iTrader: (0)

Private parking companies have a lot more power than they used to (Beavis case) but this is clearly a mistake.
Write to them by recorded delivery clearly and unemotionally stating the facts and that they are to cease and desist making any further spurious claims - and if they do so they will be billed at say £30/hour
Demand that they acknowledge this in writing within 7 days otherwise you are happy to let this run to court
You will definitely win at a hearing if what you say is correct but extremely unlikely to get to that point
Appreciate 1
Kal1013105.00
      08-12-2017, 01:27 PM   #15
Jonesy72
Private First Class
72
Rep
146
Posts

Drives: M135i
Join Date: Jul 2015
Location: The cold north

iTrader: (0)

Go to court with it all. When you've won hand them a bill for £50k for your time. Then watch the world fall out of their arse. Win win :-)
Appreciate 1
Kal1013105.00
      08-12-2017, 04:02 PM   #16
Kal101
Major General
Kal101's Avatar
United Kingdom
3105
Rep
7,032
Posts

Drives: 335xd Msport +
Join Date: Jan 2014
Location: West mids!!!!

iTrader: (0)

Garage List
Quote:
Originally Posted by rlmesq View Post
Interesting to see that parking authorities are crazy on the other sign of the pond, too.

I received a parking ticket from Los Angeles in the mail. At the time of the citation, I was at an event 600 miles away (with the local Sheriff and District Attorney in attendance, too).

Like Kal027, I didn't get the pictures until the appeal deadline had passed. It showed a 2014 435i M Sport (similar to the car I had at the time), but a different color and no plates. The VIN was similar to mine, but not the same, so it was obvious that the meter maid had made an error. I called to say that I located the error after viewing the photos, and they essentially told me to stick it up my bum because I'd already lost the appeal.

(The car that was cited had been driving around for TWO YEARS without license plates. I don't understand why they didn't tow it.)

I went to the Los Angeles website and found the ombudsman in the mayor's office, who deals with community issues, and faxed about forty pages of information about the ticket. It was dismissed the following day.

Maybe there's a similar agency that Kal027 can contact?



Not sure if that's a good idea.

Again, I don't know how things work in GB, but here in California, if you have unpaid parking tickets, they just hold up your registration and/or drivers license renewal if you have unpaid tickets, and tack on additional fees as time goes on.

Tickets are like cancer... if you ignore them, they don't just go away. They get worse.

No they can't hold up and renewals etc but they can go to court and if you loose then the fees can start escalating quickly.
__________________
Appreciate 0
      08-12-2017, 04:07 PM   #17
Kal101
Major General
Kal101's Avatar
United Kingdom
3105
Rep
7,032
Posts

Drives: 335xd Msport +
Join Date: Jan 2014
Location: West mids!!!!

iTrader: (0)

Garage List
Quote:
Originally Posted by JD6 View Post
Sounds like you have a very easy case to win should they be foolish enough to take it to court. I suggest you write back to them (recorded delivery) pointing out their error, but be polite and reasonable, as this letter may well end up as evidence.

The dealer's response is very poor in my view. Their cock up has caused this, even if the parking company have compounded their error. I would contact Ford customer services too and explain that the dealer's error has cost you time and effort.

Should Parking Eye take this to court, I'm pretty sure there is a way of forcing the dealer to become a co-defendant. Any lawyers here?
Quote:
Originally Posted by simon. View Post
^^^
Do this & I'm pretty sure you can invoice them a hourly rate for all the time you have put in to dispute it.

Send all recorded with your invoice & say that you refuse all further correspondence bar them cancelling the ticket & sending you your claimed costs for time & if they wish to proceed that you will see them in court.

Bunch of total twats with a computer says no attitude.

Have emailed them already -that's when they stated they had insufficient evidence. Even though their " invoice and evidence " verifies the discrepancy.

Think we will go with another response and advise them if our time charges. Remember reading somewhere there was a judicial review that said if you represent yourself then you are entitled to levy charges at that same rate.

Personally I think they're just trying it in in the hope we will pay and give up fur a quiet life - not going to happen.

Dealers attitude does suck in this case.
__________________
Appreciate 0
      08-12-2017, 06:23 PM   #18
JD6
Major General
JD6's Avatar
United Kingdom
4275
Rep
6,953
Posts

Drives: 840i GC + Mini Electric L3
Join Date: May 2014
Location: United Kingdom

iTrader: (0)

Quote:
Originally Posted by Kal027 View Post

Think we will go with another response and advise them if our time charges. Remember reading somewhere there was a judicial review that said if you represent yourself then you are entitled to levy charges at that same rate.
The rate you can claim is £19 per hour, or actual provable financial loss http://www.atjf.org.uk/litigant-in-person-costs.html

Although you may not actually get that - when some twat brought a vexatious claim against me, which was thrown out, I asked the judge to award me for 10 hours of my time at the rate applicable at the time (£9 per hour), and he awarded me a grand total of £30!
Appreciate 1
Kal1013105.00
Post Reply

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 11:44 PM.




f30post
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST