Driver wins battle against parking fines

John Anyon 8/7/14 2814643901 Armstrong Drive, Diglis, resident, Matt Chapman has received two parking tickets from PCM (Parking Control Management) for parking on Portland Walk, Diglis, which he believes is public highway (7969987)

John Anyon 8/7/14 2814643901 Armstrong Drive, Diglis, resident, Matt Chapman has received two parking tickets from PCM (Parking Control Management) for parking on Portland Walk where he believes is public highway (7969995)

First published in News

A WORCESTER driver who fought back after he was fined £200 for parking on a road he believed was part of the public highway has won his battle.

Matt Chapman, of Armstrong Drive, Diglis, was issued with two parking tickets after he parked in a small bay area off Portland Walk.

He took the case to Parking Control Management, the company firm employed to police the parking on private land in the area which issued the tickets at 6.10am on June 14 and 6.20am on June 21, saying he felt it was unclear who the land belonged to.

The 31-year-old had feared he would be forced to pay up but was over the moon when he received the decision saying the matter had been found in his favour.

"I couldn't believe it," he said. "I am very pleased. For me it's not that I parked somewhere stupid in anyone's point of view, it looks fine to park there."

In the email Mr Chapman received with the news he had won his case it stated the land was in private ownership, but supported his claim that there was a lack of clear signage.

It said: "However, with regard to the lack of clear signage I find in favour of the appellant. Whilst the operator has the benefit of the map and can clearly see which land is private and which is public the appellant cannot.

"There are no obstructions between the appellant’s car and those behind it, and so to the lay person the appellant’s car appears to be on the same land as those cars, which are in fact on the public highway.

"In addition the only sign shown in the operator’s evidence is on the other side of a line of bollards. This clearly implies that the sign applies to the land on the other side of the bollards to the appellant’s car. As this is the only sign relied on I must assume that is the only one present.

"Consequently, there was insufficient notice."

Mr Chapman added: "It's good to know that if you do stand up to these guys and you are in the right you can over come it.

"Its frustrating because I can understand why people just pay, even when they are not in the wrong. So I am very pleased that I went through with it."

Comments (14)

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1:15pm Thu 31 Jul 14

Tobster says...

Worcester News, get your bloody facts right.

HE WAS NOT FINED.

He was issued a speculative invoice by a private company.

Only police & councils can fine people. Private companies cannot.

No matter how much these cowboys may jazz up their parking notices to suggest authority; they are no different to you or I demanding payment from someone for parking on our drives. Unless actual genuine and quantifiable loss can be proven, they are legally void.
Worcester News, get your bloody facts right. HE WAS NOT FINED. He was issued a speculative invoice by a private company. Only police & councils can fine people. Private companies cannot. No matter how much these cowboys may jazz up their parking notices to suggest authority; they are no different to you or I demanding payment from someone for parking on our drives. Unless actual genuine and quantifiable loss can be proven, they are legally void. Tobster
  • Score: 24

1:37pm Thu 31 Jul 14

MrWXYZ says...

"no different to you or I demanding payment from someone for parking on our drives" - if we had clear signage by the ruling.

Well done to him, although a week after the 1st notice was issued i'm surprised the 'I didn't know' defence stood for the 2nd one.
"no different to you or I demanding payment from someone for parking on our drives" - if we had clear signage by the ruling. Well done to him, although a week after the 1st notice was issued i'm surprised the 'I didn't know' defence stood for the 2nd one. MrWXYZ
  • Score: 3

3:03pm Thu 31 Jul 14

truth must out says...

He ain't won anything......just not paying an invoice that is NOT enforceable by law anyway. Then just taking the 'P' by parking there after already receiving a ticket the previous week. Got your 15 minutes of fame then Mr Chapman........!!!
He ain't won anything......just not paying an invoice that is NOT enforceable by law anyway. Then just taking the 'P' by parking there after already receiving a ticket the previous week. Got your 15 minutes of fame then Mr Chapman........!!! truth must out
  • Score: 1

4:02pm Thu 31 Jul 14

Jabbadad says...

I read in a National newspaper today of those freewheeler parkers in other areas as well as Worcester bitterly complaining over Aldi having customer only parking at their supermarkets, which as a regular Aldi customer who previously couldn't park there to shop I support. And now even though the store is doing much more business it's quite easy to park & shoip and the freewheelers who wanted to park free and go into town are no longer there. Hooray
I read in a National newspaper today of those freewheeler parkers in other areas as well as Worcester bitterly complaining over Aldi having customer only parking at their supermarkets, which as a regular Aldi customer who previously couldn't park there to shop I support. And now even though the store is doing much more business it's quite easy to park & shoip and the freewheelers who wanted to park free and go into town are no longer there. Hooray Jabbadad
  • Score: 2

4:25pm Thu 31 Jul 14

Tobster says...

Jabbadad wrote:
I read in a National newspaper today of those freewheeler parkers in other areas as well as Worcester bitterly complaining over Aldi having customer only parking at their supermarkets, which as a regular Aldi customer who previously couldn't park there to shop I support. And now even though the store is doing much more business it's quite easy to park & shoip and the freewheelers who wanted to park free and go into town are no longer there. Hooray
'Freewheelers' or other customers?

Since Aldi decided to let Parking Eye set up the system where you're expected to enter your registration, I've switched to Lidl in Blackpole.
[quote][p][bold]Jabbadad[/bold] wrote: I read in a National newspaper today of those freewheeler parkers in other areas as well as Worcester bitterly complaining over Aldi having customer only parking at their supermarkets, which as a regular Aldi customer who previously couldn't park there to shop I support. And now even though the store is doing much more business it's quite easy to park & shoip and the freewheelers who wanted to park free and go into town are no longer there. Hooray[/p][/quote]'Freewheelers' or other customers? Since Aldi decided to let Parking Eye set up the system where you're expected to enter your registration, I've switched to Lidl in Blackpole. Tobster
  • Score: 1

4:30pm Thu 31 Jul 14

truth must out says...

Tobster wrote:
Jabbadad wrote:
I read in a National newspaper today of those freewheeler parkers in other areas as well as Worcester bitterly complaining over Aldi having customer only parking at their supermarkets, which as a regular Aldi customer who previously couldn't park there to shop I support. And now even though the store is doing much more business it's quite easy to park & shoip and the freewheelers who wanted to park free and go into town are no longer there. Hooray
'Freewheelers' or other customers?

Since Aldi decided to let Parking Eye set up the system where you're expected to enter your registration, I've switched to Lidl in Blackpole.
Obviously a freewheeler then Tobstar....why else would you not want to enter your registration???
[quote][p][bold]Tobster[/bold] wrote: [quote][p][bold]Jabbadad[/bold] wrote: I read in a National newspaper today of those freewheeler parkers in other areas as well as Worcester bitterly complaining over Aldi having customer only parking at their supermarkets, which as a regular Aldi customer who previously couldn't park there to shop I support. And now even though the store is doing much more business it's quite easy to park & shoip and the freewheelers who wanted to park free and go into town are no longer there. Hooray[/p][/quote]'Freewheelers' or other customers? Since Aldi decided to let Parking Eye set up the system where you're expected to enter your registration, I've switched to Lidl in Blackpole.[/p][/quote]Obviously a freewheeler then Tobstar....why else would you not want to enter your registration??? truth must out
  • Score: 0

4:55pm Thu 31 Jul 14

Tobster says...

truth must out wrote:
Tobster wrote:
Jabbadad wrote:
I read in a National newspaper today of those freewheeler parkers in other areas as well as Worcester bitterly complaining over Aldi having customer only parking at their supermarkets, which as a regular Aldi customer who previously couldn't park there to shop I support. And now even though the store is doing much more business it's quite easy to park & shoip and the freewheelers who wanted to park free and go into town are no longer there. Hooray
'Freewheelers' or other customers?

Since Aldi decided to let Parking Eye set up the system where you're expected to enter your registration, I've switched to Lidl in Blackpole.
Obviously a freewheeler then Tobstar....why else would you not want to enter your registration???
Because I don't want to feel obliged to let cowboy companies know anything about me.

And I'd imagine (though can't say because I no longer shop there) that the facility to enter your registration has long queues.

How would that make me a 'freewheeler' anyway as I was a genuine shopper?

If anyone wants to 'freewheel', surely they just buy a very cheap item and get two hours of otherwise free parking?

None of this is actually relevant because there is no way in hell that Parking Eye could prove that failing to enter your registration number into a terminal would cause them any amount of liquidated business losses, therefore making their speculative invoices unenforceable.
[quote][p][bold]truth must out[/bold] wrote: [quote][p][bold]Tobster[/bold] wrote: [quote][p][bold]Jabbadad[/bold] wrote: I read in a National newspaper today of those freewheeler parkers in other areas as well as Worcester bitterly complaining over Aldi having customer only parking at their supermarkets, which as a regular Aldi customer who previously couldn't park there to shop I support. And now even though the store is doing much more business it's quite easy to park & shoip and the freewheelers who wanted to park free and go into town are no longer there. Hooray[/p][/quote]'Freewheelers' or other customers? Since Aldi decided to let Parking Eye set up the system where you're expected to enter your registration, I've switched to Lidl in Blackpole.[/p][/quote]Obviously a freewheeler then Tobstar....why else would you not want to enter your registration???[/p][/quote]Because I don't want to feel obliged to let cowboy companies know anything about me. And I'd imagine (though can't say because I no longer shop there) that the facility to enter your registration has long queues. How would that make me a 'freewheeler' anyway as I was a genuine shopper? If anyone wants to 'freewheel', surely they just buy a very cheap item and get two hours of otherwise free parking? None of this is actually relevant because there is no way in hell that Parking Eye could prove that failing to enter your registration number into a terminal would cause them any amount of liquidated business losses, therefore making their speculative invoices unenforceable. Tobster
  • Score: 0

8:50pm Thu 31 Jul 14

Jabbadad says...

Yep definately a freewheeler.
Yep definately a freewheeler. Jabbadad
  • Score: -1

8:32am Fri 1 Aug 14

scott.hannaford says...

bloody freewheelers :)
bloody freewheelers :) scott.hannaford
  • Score: 1

9:49am Fri 1 Aug 14

Sheriff of nottingham says...

Well done mr chapman, I used to live in Worcester and find it liberating to see someone stand up for what they believe in. I have been following this saga and it reminds me of the rocky movies, one minute he's down then he's back up. It's about time someone stood up to these bigots and u r a martyr to the cause, maybe a future in politics awaits such a charismatic individual, #chimplife
Well done mr chapman, I used to live in Worcester and find it liberating to see someone stand up for what they believe in. I have been following this saga and it reminds me of the rocky movies, one minute he's down then he's back up. It's about time someone stood up to these bigots and u r a martyr to the cause, maybe a future in politics awaits such a charismatic individual, #chimplife Sheriff of nottingham
  • Score: 0

4:28pm Fri 1 Aug 14

themooman says...

truth must out wrote:
He ain't won anything......just not paying an invoice that is NOT enforceable by law anyway. Then just taking the 'P' by parking there after already receiving a ticket the previous week. Got your 15 minutes of fame then Mr Chapman........!!!
This man is a hero crawl back your hole
[quote][p][bold]truth must out[/bold] wrote: He ain't won anything......just not paying an invoice that is NOT enforceable by law anyway. Then just taking the 'P' by parking there after already receiving a ticket the previous week. Got your 15 minutes of fame then Mr Chapman........!!![/p][/quote]This man is a hero crawl back your hole themooman
  • Score: -1

9:19am Sat 2 Aug 14

truth must out says...

themooman wrote:
truth must out wrote:
He ain't won anything......just not paying an invoice that is NOT enforceable by law anyway. Then just taking the 'P' by parking there after already receiving a ticket the previous week. Got your 15 minutes of fame then Mr Chapman........!!!
This man is a hero crawl back your hole
Obviously a friend of Matt ' I park where I like' Chapman. Get back under your rock with the rest of the 'freewheelers'
[quote][p][bold]themooman[/bold] wrote: [quote][p][bold]truth must out[/bold] wrote: He ain't won anything......just not paying an invoice that is NOT enforceable by law anyway. Then just taking the 'P' by parking there after already receiving a ticket the previous week. Got your 15 minutes of fame then Mr Chapman........!!![/p][/quote]This man is a hero crawl back your hole[/p][/quote]Obviously a friend of Matt ' I park where I like' Chapman. Get back under your rock with the rest of the 'freewheelers' truth must out
  • Score: 1

10:47am Sat 2 Aug 14

it700x says...

What a chancer. He was looking for trouble. If you have chosen to live in an area where demand does not meet supply you deserve a fine as you shouldn't have a car in the first place.
What a chancer. He was looking for trouble. If you have chosen to live in an area where demand does not meet supply you deserve a fine as you shouldn't have a car in the first place. it700x
  • Score: -6

11:25am Sat 2 Aug 14

Jabbadad says...

Yep i recall in previous news articles that this man was discribed by those who know him as being somewhat anti-establishment, or even cocky.
And to repeat, the parking problems were there from day one of the developement and all the landlords have turned away from any responsibility. Perhaps the developers thought evryone who wanted to live so close to the City Centre would
a) want to walk everywhere,
or even b) not own a car.
With the public transport system that we have in this city they couldn't rely on buses that's for sure.
Yep i recall in previous news articles that this man was discribed by those who know him as being somewhat anti-establishment, or even cocky. And to repeat, the parking problems were there from day one of the developement and all the landlords have turned away from any responsibility. Perhaps the developers thought evryone who wanted to live so close to the City Centre would a) want to walk everywhere, or even b) not own a car. With the public transport system that we have in this city they couldn't rely on buses that's for sure. Jabbadad
  • Score: 2

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