A pensioner has landed a legal win after pointing out ‘bully’ parking company, who tried to hit him with £170 fine, in fact owed him 10p.
Jim Hibbert, 85, had been for a spot of shopping at Middleton Shopping Centre in Greater Manchester, when he used three 20p coins to pay for his 50p parking.
As he didn’t have the exact change to hand, the elderly man wasn’t pressed about losing out on 10p until a £100 Parking Charge Notice (PCN) – which would be reduced to £60 if paid within two weeks – landed on his doorstep.
Adamant he had overpaid Smart Parking, Mr Hibbert proved he had coughed up the cash for a parking ticket.
However the parking firm then hit him with a reduced fine of £20 for providing the ‘incorrect vehicle registration’, which he denies doing.
However when another letter from a debt recovery agency demanded £170, Mr Hibbert took matters ‘give them a taste of their own medicine’ and decided to represent himself in court.
Jim Hibbert, 85, (pictured) has landed a pay-out after ‘bully’ parking firm tried to hit him with £170
The pensioner pointed out to Smart Parking that they in fact owed him 10p, however they then attempted to hit him with fines for entering his car registration incorrectly pictured: Middleton Shopping Centre car park)
After making a claim at Manchester County Court, the 85-year-old studied for months in preparation.
He argued they had become the ‘beneficiary of unjust enrichment’ and breached their contract by failing to adhere to its own signs.
The solicitors said Jim’s claim costs, made up of the 10p change, £4.96 in printing and postage costs and the £35 claim fee, were ‘spurious, opportunistic and an abuse of process’.
But before they were due to re-appear in court this August Jim scored a win, receiving a settlement offer of £40.06 for the change, printing costs and claim free.
The letter stated the company believed Jim’s claim was ‘hopeless and entirely misguided’ but decided to pay out ‘to avoid further wasted time and costs’.
Jim claimed the parking firm attempted to ‘bully and intimidate’ him into paying the bill, branding the fine as ‘extortion’.
‘I was polite in my letters but I thought they could get stuffed. I decided to give them a taste of their own medicine,’ he said.
‘The more they tried to bully and intimidate me, the more determined I became. It’s not a fine, it’s extortion.’
Jim described the whole experience as an ‘eye-opener’ but was left feeling ‘disappointed’ by the court process.
The pensioner said: ‘At the hearing, it was like the solicitor and the judge were friends.
‘I could hear them criticise me, disputing my printing costs and querying why I didn’t pay with a card or use RingGo.
Jim says his wife, Nita, who sadly died last year before his victorious result, was annoyed by the company when he received the fine.
Mr Hibbert took matters ‘give them a taste of their own medicine’ and decided to represent himself in court.
in a letter from Smart Parking agreed on his £40 settlement but said they did so ‘to avoid further wasted time and costs’ (stock image)
He hopes she would be proud of him but he’s ‘relieved’ he didn’t have to go back to court.
‘She always said, “you love having a go”, but I’m glad it’s cost them a lot of money,’ Mr Hibbert added.
‘I’m relieved I didn’t have to go to court again – they don’t credit your intelligence. They treat you like a silly old man.
‘It’s a racket, they’re like sharks that go after you and try it on.
‘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.’
MailOnline have approached Smart Parking for comment.