Pensioner wins legal case representing himself in court against 'bully' parking firm that tried to fine him £170 but instead owed him 10p
Middleton Shopping Centre in Greater Manchester
Google Maps/Getty
A pensioner has emerged victorious after pointing out a parking company, who tried to slap him with a £170 fine, in fact, owed him 10p.
Jim Hibbert had been shopping at Middleton Shopping Centre in Greater Manchester, when he used three 20p coins to pay for his 50p parking.
As he did not have the exact change to hand, the 85-year-old was not fussed about losing out on the extra 10p.
That is until a £100 Parking Charge Notice (PCN), which would be reduced to £60 if paid within two weeks, landed on his doorstep.
Middleton Shopping Centre in Greater Manchester
Google Maps/Getty
After he proved he had paid up the cash for a parking ticket, he was hit 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, he wanted to "give them a taste of their own medicine" and decided to represent himself in court, arguing they had become the "beneficiary of unjust enrichment" and breached their contract by failing to adhere to its own signs.
The solicitors said Hibbert'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, Hibbert scored a win, receiving a settlement offer of £40.06 for the change, printing costs and claim free.
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A PCN fine (file pic)
PA
Hibbert 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.
"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.
"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."
Hibbert said his wife, Nita, who sadly died last year before his victorious result, was annoyed by the company when he received the fine.
He added: "She always said, 'you love having a go', but I'm glad it's cost them a lot of money."
A Smart Parking spokesman said: "Smart Parking was brought in to 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. Smart Parking advanced no claims against 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."