Dad wins 'significant appeal' against daughter's £60 Rye parking charge

Bob Massie

Dad wins 'significant appeal' against daughter's £60 Rye parking charge

First published in News Bucks Free Press: Photograph of the Author by , Reporter

A TV producer fed up with enforcement firms "bullying" motorists has won a significant appeal against the operators of the Wycombe Rye Lido car park.

Bob Massie’s appeal against a £60 notice issued against his daughter Ellie after she allegedly failed to pay for her Hyundai’s one hour stay at The Rye on February 16 has been upheld by the Parking on Private Lane Appeals body.

POPLA ruled Civil Enforcement Ltd failed to prove the £60 charge issued to Miss Massie over her ‘unpaid’ 20p fee was a ‘genuine pre-estimate of loss’.

Mr Massie, 53, who’s wife runs the Red Lion in Knotty Green, said he felt it was time parking firms were pulled up for ‘bullying vulnerable people’ into paying extortionate parking fines.

He said: "I looked on a few websites and people had said that if you ignore the fine and the threatening letters they send out, it will go away.

"That’s fine unless you’re an old lady or, in this case, my daughter - it is bully boy tactics, they get people over a barrel and rely on them thinking they will be taken to court and will lose their TV and worldly goods if they don’t pay.

"So I thought it’s time they were stopped in their tracks as this is a civil matter, you won’t be up before a judge.

"They are effectively sending people an invoice for £60 to cover ‘their costs’ which will rise to £100 if you don’t pay in a set time frame over, in this case, a 20p ticket. It’s total baloney."

The Beaconsfield resident does not want to see a "Wild West" parking mentality, and said Ellie is adamant she paid for her stay, but he said enforcement companies need to introduce a ‘fine to fit the crime’.

He said: "I am not advocating a Wild West scenario in car parks, people need to pay for their parking, but the fines need to be appropriate as bullying people into paying extortionate fines is deplorable."

The car park operator argued the fine is a contractual term calculated upon a genuine pre-estimate of loss and a sum due for laying on the parking provision.

It said the charge covered the loss in revenue of attached businesses and another vehicle parking in the bay, as well as DVLA fees, commercial justification and administrative expenses.

But the POPLA assessor ruled that while some of the listed costs were genuine, she believed others would have been incurred regardless of the alleged breach.

Aurela Qerimi added: "I am therefore not satisfied that the operator has proved that the amount for the parking charge notice is a genuine pre-estimate of loss. Accordingly, I allow this appeal."

Mr Massie said: "It’s a significant victory. The message needs to go out that you do not have to be bullied by these companies."

A spokesman for the car park operator said it would not comment on individual cases but fines were used as a deterrent for exceeding the limit.

The operator added: "Without this in place motorists would have little reason to comply with the car park rules, leaving it vulnerable to abuse and making the facilities less accessible to a larger number of customers."

Fusion Lifestyle, which runs the Rye Lido, refused to comment.

Comments (12)

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8:39am Tue 1 Jul 14

Allymay says...

Where's the refund for people who have been bullied into paying these fines??????
Where's the refund for people who have been bullied into paying these fines?????? Allymay
  • Score: 11

9:12am Tue 1 Jul 14

Bill Taxpayer says...

Absolutely bl***y well done mate. It's about time someone took on these thieves. I agree, people need to pay for their parking, but parking fees should firstly be reasonable and secondly, any fine should be in proportion. £60 for an alleged underpayment of 20 pence is nothing short of extortion.

I hope many more appeal against these fines and win. Well done again.
Absolutely bl***y well done mate. It's about time someone took on these thieves. I agree, people need to pay for their parking, but parking fees should firstly be reasonable and secondly, any fine should be in proportion. £60 for an alleged underpayment of 20 pence is nothing short of extortion. I hope many more appeal against these fines and win. Well done again. Bill Taxpayer
  • Score: 24

9:32am Tue 1 Jul 14

stevend99 says...

Similar to myself: I am in the process of a POPLA appeal after reseraching on the internet. My son stopped in the car park for a little over 10 mins and did not even park, just to check a mechanical problem. My appeal is based upon the mechanical problem (with garage receipt of repair) and the ridiculous penalty charge. I have now submitted this report as part of my evidence. Everyone should do likewise. Note: 'excessive pre-estimate of loss' is the reason most appeals won.
Similar to myself: I am in the process of a POPLA appeal after reseraching on the internet. My son stopped in the car park for a little over 10 mins and did not even park, just to check a mechanical problem. My appeal is based upon the mechanical problem (with garage receipt of repair) and the ridiculous penalty charge. I have now submitted this report as part of my evidence. Everyone should do likewise. Note: 'excessive pre-estimate of loss' is the reason most appeals won. stevend99
  • Score: 12

9:47am Tue 1 Jul 14

stevend99 says...

I forgot to add, BFP; thank you for the article.
I forgot to add, BFP; thank you for the article. stevend99
  • Score: 10

10:44am Tue 1 Jul 14

DBC says...

Just to clarify, these are not "fines" they are invoices. Private companies or individuals cannot fine anyone. Only the courts can do that. But well done to this person for standing up to these bullies.
Just to clarify, these are not "fines" they are invoices. Private companies or individuals cannot fine anyone. Only the courts can do that. But well done to this person for standing up to these bullies. DBC
  • Score: 13

10:45am Tue 1 Jul 14

BMPA.EU says...

The "Wild West" are the parking companies themselves.

They bully and frighten motorists and try almost anything to get cash out of the innocent motorist. You can help support the BMPA #FairParking Campaign by letting motorists know there are a number of sites that can help with challenging these tickets, appealing to the Ombudsman and supporting our legal challenge to this tickets at the Court of Appeal in the next few months. Anyone with one of these tickets can get online help simply and easily.
The "Wild West" are the parking companies themselves. They bully and frighten motorists and try almost anything to get cash out of the innocent motorist. You can help support the BMPA #FairParking Campaign by letting motorists know there are a number of sites that can help with challenging these tickets, appealing to the Ombudsman and supporting our legal challenge to this tickets at the Court of Appeal in the next few months. Anyone with one of these tickets can get online help simply and easily. BMPA.EU
  • Score: 10

10:55am Tue 1 Jul 14

stevend99 says...

Mums dropping off children at the Lido during the summer holidays - BE AWARE !!!!
Mums dropping off children at the Lido during the summer holidays - BE AWARE !!!! stevend99
  • Score: 8

11:27am Tue 1 Jul 14

ParkingTicketAppealsService says...

The Parking Ticket Appeals Service offers a bespoke service - saving motorists time and stress in dealing with any parking charge on private land.
Our charge is fixed for just £16 - we can guarantee that the parking charge is cancelled after the appeals process is exhausted - or we will pay the parking charge for you.

visit: http://www.parkingti
cketappeals.org.uk/ for more information and to submit a request for our service the appeal now page:

http://www.parkingti
cketappeals.org.uk/p
arking-ticket-appeal
/
The Parking Ticket Appeals Service offers a bespoke service - saving motorists time and stress in dealing with any parking charge on private land. Our charge is fixed for just £16 - we can guarantee that the parking charge is cancelled after the appeals process is exhausted - or we will pay the parking charge for you. visit: http://www.parkingti cketappeals.org.uk/ for more information and to submit a request for our service the appeal now page: http://www.parkingti cketappeals.org.uk/p arking-ticket-appeal / ParkingTicketAppealsService
  • Score: -3

11:28am Tue 1 Jul 14

ParkingTicketAppealsService says...

http://www.parkingti
cketappeals.org.uk/p
arking-ticket-appeal
/

www.parkingticketape
als.org.uk.
http://www.parkingti cketappeals.org.uk/p arking-ticket-appeal / www.parkingticketape als.org.uk. ParkingTicketAppealsService
  • Score: 0

12:07pm Tue 1 Jul 14

PJoe says...

To add to the confusion, they have removed all the old parking machines but left the huge green metal frames that held the machines still standing. I think this is to give the impression that there are no parking machines in use (taken away for repairs etc) so that they can milk motorists £60 at a time.

There are two tiny new machines at one corner of the parking lot and you'd really struggle to find them if you don't know its location.

I got a ticket as I wasn't able to find the new machines and I intend to fight it. It is heartening to see that someone else has won the fight with the parking company.
To add to the confusion, they have removed all the old parking machines but left the huge green metal frames that held the machines still standing. I think this is to give the impression that there are no parking machines in use (taken away for repairs etc) so that they can milk motorists £60 at a time. There are two tiny new machines at one corner of the parking lot and you'd really struggle to find them if you don't know its location. I got a ticket as I wasn't able to find the new machines and I intend to fight it. It is heartening to see that someone else has won the fight with the parking company. PJoe
  • Score: 8

12:09pm Tue 1 Jul 14

PJoe says...

Photo of the empty parking machine frames: https://dl.dropboxus
ercontent.com/u/5204
1549/parking1.jpg
Photo of the empty parking machine frames: https://dl.dropboxus ercontent.com/u/5204 1549/parking1.jpg PJoe
  • Score: 1

2:11am Mon 7 Jul 14

irritated of wycombe says...

Having read this article I feel very embittered about my own 'fine'. I paid up £60 the other week after parking at the lido car park when I assumed there would be no charge. I have to say the letter I got through the post had an emblem of a set of law scales on it and looked very official. I'm outraged that I've essentially been duped by a private firm making a quick buck at honest people's expense.
Having read this article I feel very embittered about my own 'fine'. I paid up £60 the other week after parking at the lido car park when I assumed there would be no charge. I have to say the letter I got through the post had an emblem of a set of law scales on it and looked very official. I'm outraged that I've essentially been duped by a private firm making a quick buck at honest people's expense. irritated of wycombe
  • Score: 0

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