A PENSIONER has revealed how he gave a “bully” parking firm a “taste of their own medicine” after going to court over 10p.
The company was demanding hundreds in fines despite the driver’s claims that he actually overpaid for his permit.
Jim Hibbert claims that he was handed three different penalty charges, all for different amounts, after stopping off at his local shopping centre in Middleton, Greater Manchester in 2022.
The 85-year-old claimed that he paid the 50p cost of a parking permit using three 20p coins and didn’t mind losing the extra 10p as he didn’t have the right change.
However, within weeks he was sent a fine notice ordering him to pay £100 to Smart Parking Ltd, the operator of the car park.
Jim alleged that he provided evidence he had paid for his stay, but was then sent a £20 fine for providing an incorrect registration.
The final straw came when he was sent a third fine, this time from debt collectors, asking for £120 in January last year.
They treat you like a silly old man
Jim Hibbert
This prompted him to take the case to Manchester County Court.
After months of studying the law, Jim represented himself, arguing that the parking firm had benefitted from “unjust enrichment” and breached its contract per the terms outlined on the signs in the car park.
However, before the case progressed beyond initial hearings, Jim apparently received a letter offering him payment of his £40.06 claim, which included printing costs, the initial 10p overspend and a £35 fee.
The letter stated that Smart Parking believed the claims to be “hopeless and entirely misguided” but offered to pay to “avoid further wasted time and costs”.
A triumphant Jim said: “I was polite in my letters but I thought they could get stuffed.
“I decided to give them a taste of their own medicine.
“The more they tried to bully and intimidate me, the more determined I became.
“It’s not a fine, it’s extortion.
“They treat you like a silly old man
“I spent a good few hours of my time but it’s quite satisfying that they spent so much on lawyer’s fees – when all I wanted was my simple 10p change.”
Much of the argument came down to the signage in the car park, which the operator insists instructs drivers to pay for their permit and enter a registration.
But Jim provided photographs in court showing that no direct mention of the registration provision was made, which the firm still disputes.
A spokesperson for Smart Parking Ltd responded: “Smart Parking was brought into manage the car park at Middleton Shopping Centre in order to address parking abuse and to ensure consumers can always find somewhere to park.
“To do this we operate a state-of-the-art ANPR parking management system that monitors cars entering and exiting.
“There are numerous signs across the site that clearly set out the terms and conditions of use, one of which is that you must correctly enter your registration number into the machine when purchasing parking.
“In the case of Mr Hibbert, he did not do this and was correctly issued a charge.
“It is important to say that Smart Parking refutes the comments made by Mr Hibbert and at no stage was he the subject of any ‘intimidation’.
“The proceedings were initiated and pursued by him.
“Whilst Smart Parking was advised by its legal advisors that the claim was without any legal merit, it was decided the costs associated with fighting the claim would be highly likely to be irrecoverable so we decided not take this matter further.”
