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Advice with a Parking Fine/ Magistrates Court - SA@SG4

Hello,

At the end of March we parked in Hatfield Train station just after 7pm going into London. We paid the £2.60 night rate using out Mastercard.

The machine there WAS one where you type in your number plate (cant remember if first bit or all) then select a photo of the car, they have since replaced them with new machines.We returned at 1:03 the following day. At the end of April we got 2 PCN charges, we have been fighting this ever since with Indigo, PCN Admin, ZZPS and now QCD solicitors.

We have sent them a photo of the ticket receipt we have, and credit card statement that shows the payment to Indigo next to that to Thameslink.

They have asked for the 2nd part of the ticket that shows the car reg, and this is the issue because we only received a single part ticket.

Another family member also travelled with us she paid for her ticket when she returned, and has had no issue, but she only got a single part ticket too.

The ticket has a reference number on it I have asked for the registration that is linked to that but QCD say as they are in the recovery stage they cannot provide this.

I am faced with 2 charges of £182 now or facing the Magistrates court with potential fine of £1000.

This feels like extortion, but I dont want to risk having to pay £1000. I've tried contacting solicitors in the towns nearby and none cover parking litigation, so any helpful advice is highly appreciated.

thanks

SA@SG4

Advice with a Parking Fine/ Magistrates Court - FP

Though others here may wish to comment, there may be more expertise on PePiPoo - www.pepipoo.com

Advice with a Parking Fine/ Magistrates Court - Middleman

Are you sure you face a hearing at the Magistrates' Court?

If so, what charge do they suggest you might face. Parking offences were "decriminalised" some time ago and transgressions are normally treated as civil debts in the County Court. In any case, whenever it is stated you "face a fine of £1,000" this will be the maximum that can be imposed for a single offence following a Not Guilty plea. Fines are imposed on the basis of income. Few fines exceed a week's net income and most are considerably less than that.

Advice with a Parking Fine/ Magistrates Court - Middleman

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Edited by Middleman on 27/07/2018 at 15:13

Advice with a Parking Fine/ Magistrates Court - Gerry Sanderson
I seem to recall there are some stations where parking infringements go to mags crt if Fixed Penalty not paid but generally others are dealt with by Parking charge notice.
Speak to the Railway Police for Hatfield Station to see how they are dealt with.
If Mags Court then from what you say and your witness I would conside telling them to take you to Mags Crt (call their bluff) plead not guilty. There you and your witness and documentary evidence can be aired fully.
Likewise I would not pay and invite a hearing at civil court for non payment parking fee.
dvd
Advice with a Parking Fine/ Magistrates Court - Bromptonaut

Like Middleman I'm puzzled by reference to Magistrates Court. While most rail operators seem to prefer the Parking on Private Land routine which would be a civil claim in the County Court. I believe though that there may be an option to prosecute under the railway bye-laws.

Can the OP tell us what exactly the solicitors letter says about next steps and the legislation they are using?

Advice with a Parking Fine/ Magistrates Court - Palcouk

Indigo is a third party management group that handles parking at a number of venues

Any PCN issued by such a group is a private matter, if you have letters from QCD I suspect they are trying to blind you with legal jargon.

Any PCN issued by a private company, if not paid can be sent to the county court for a civil hearing, and not a magistrates court.

Your original ticket should have had details on how or to whom you appeal, do not enter into any correspondence with PCN Admin, ZZPS or QCD, write only to the apeals process given in your original ticket.

If they deny all your appeals, as is the norm, inform them you will see them at court were you can present your evidence (Ticket copies etc) Do not bother trying to ask a solicitor

See also parkingfine-appeals.co.uk/zzps-ltd/

Advice with a Parking Fine/ Magistrates Court - Simon

It seems quite simple to me. Let them take you to court if they want. If you can show the magistrate the mastercard statement and the part of the ticket you have, then surely that proves that YOU paid for parking that night. Case closed.

Advice with a Parking Fine/ Magistrates Court - SA@SG4

Thanks for the advice, at least I feel I shouldn't just pay up today although closure on this would be a relief.

I cant find solicitors locally that deal with this. Do you offer a service and if so what are your charges?

Or can you suggest anyone that does.

thanks

Stephen

Advice with a Parking Fine/ Magistrates Court - ExA35Owner

Try posting on Pepipoo where you will find many knowledgeable helpers.

This issue may be complex - some railway station parking is controlled by byelaws and is therefore enforceable through the magistrates' court, while other stations are controlled by civil law in the county courts. You'll need to check that too.

As you seem to have reasonable evidence that you've paid, the company may well give up if you continue to defend, but you need expert advice and I'd say Pepipoo has more of that available than this forum.

Advice with a Parking Fine/ Magistrates Court - Bromptonaut

I cant find solicitors locally that deal with this. Do you offer a service and if so what are your charges?

HAve you tried your local Citizens Advice? If you're struggling to make sense of the info from the parking co/its solicitors then a generalist advisor should be able to help clarify.

They may also have 'pro-bono' (ie free) clinics with either local solicitors or law faculty at University. They te4nd to be fairly short, around 30mins, can at least give legally foucussed top level 'bullet point' type advice as to your options.

Declaration of interest: I am both an employee of and volunteer at Citizens Advice.

Advice with a Parking Fine/ Magistrates Court - concrete

Thanks for the advice, at least I feel I shouldn't just pay up today although closure on this would be a relief.

I cant find solicitors locally that deal with this. Do you offer a service and if so what are your charges?

Or can you suggest anyone that does.

thanks

Stephen

If you check out the solicitors who contacted you I bet a pound to pinch of sugar that they are in harness with the parking enforcement company. The same goes for Trethowans Soilictors who work exclusivley for one parking company and do no other work. There main purpose is to use the 'solicitor' ploy to scare the sugar' out of you. You really do need to do some checking about what type of PCN you have. A Penalty Charge Notice is usually from an authority which can prosecute, a Parking Charge Notice is not. Check to see if they offered a dispute resolution service through a parking tribunal anyway. You have a bit of work to do I am afraid. The CAB is a really good idea and a starting point to defend yourself. You may need some courage and be tenacious to weather the storm, but stick to it if you are right. Parking is not the end of the world as you know it, so don't let the bas//rds grind you down. Good luck and let us know any developments.

Cheers Concrete

Advice with a Parking Fine/ Magistrates Court - gordonbennet

I have no legal knowledge at all, so am looking at this with simple common sense.

Try putting yourself in the position of the parking mob or their supposed solicitors, would you want to risk the costs of going to court against someone who has the parking ticket backed by official bank/card statement to prove the parking was paid for?, because if i was them i'd be expecting a right rocket off the judge for wasting theirs the courts and everyone's time.

I agree with the others, and have every confidence that you will win this.

Edited by gordonbennet on 30/07/2018 at 20:50