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Motorist wins case against parking firm who fined him for circling car park

By Western Morning News  |  Posted: April 01, 2014

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A motorist has won a court battle against a parking firm who tried to fine him £100 for circling a car park - without stopping.

Frustrated Dave Hotchin, 49, spent half an hour waiting for a space without success before driving away from Fistral Beach car park in Newquay, Cornwall.

Two months later shocked Dave received a demand for £100 saying the couple had been caught without a ticket by an automatic number plate reader.

After sending four further warnings to Dave and his wife bosses at car park firm Parking Eye launched a court action to get the money.

But a judge threw out the claim because the 31 minutes the pair from Altrincham, Greater Manchester, spent driving around the car park in May last year did not classify as "parking".

Dave said: "We were very surprised. We thought it was unfair considering we'd never even parked up. We were just circling the car park looking for a space.

"My wife didn't want to go to court and found it all very intimidating but at this stage it wasn't really about the money. We felt like we were being bullied if anything.

"The most vulnerable people in society just pay up but we decided to stick it out because we felt we had a good case."

A spokeswoman for Parking Eye said the company "wins the majority of legal actions it brings against car park users".

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  • Tony248i  |  April 01 2014, 3:30PM

    What the company fails to mention is that the great majority of the (very, very few) cases it brings go by default because as the victims here say, people are frightened to go to court. No private individual or company has any right to fine anyone. So, a contested case would pretty certainly be kicked out on those grounds if properly defended. Do not EVER pay a private parking ticket, they are not enforceable. That is why the companies find it necessary to try and get the money with lurid threats.

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