SALLY SORTS IT: Parking firm is chasing me for £170 fine after I was caught short

Last year I was treated for prostate cancer. On June 14th this year my wife and I were on a short break in Cornwall when I unfortunately came up short while driving.

I desperately searched for a safe place to stop and sort myself out. I found an area with a few parked cars and some buildings near a beach. There was a sea mist and not much could be seen towards the beach.

After I parked, I went looking for a place to change. This lasted about 20 minutes, after which I drove back to Port Isaac where we were staying.

About a week later I received a parking fine of £100 from Initial Parking for parking without a ticket. In my fear I hadn’t realized that I had stopped in a private parking lot.

I emailed Initial Parking with an explanation of the situation. Within 30 minutes I received a response denying my request for an extension. It seemed like a canned response, so I decided to write a letter hoping someone would sympathize. This failed, as did my subsequent appeal to the Parking on Private Land Appeals (POPLA) scheme.

The POPLA assessor concluded that he could not accept my extenuating circumstances. He said I should have been aware of the parking notices and paid the £2.20 fee. I don’t think he took into account the shame and suffering this condition causes.

The fine has now risen to £170 and I am being chased by a debt collector with the threat of legal action if I don’t pay.

AC, Hemel Hempstead, Herts.

Sally Hamilton replies: If you have to go, you have to go. But bursting to the toilet doesn’t seem to be on the list of extenuating circumstances that private parking companies will easily win over.

They want motorists to pay even when they park to spend a penny in an emergency.

But yours was a more complex situation, because your health condition and the consequences of prostate surgery put you in a more vulnerable position than most.

Not only is it physically difficult to deal with such ‘accidents’, but as you have described, they can also be psychologically disturbing.

POPLA states that it ‘cannot honor an appeal due to extenuating circumstances alone’. It will be assessed whether a parking fine has been properly issued in accordance with the ‘relevant law, codes of practice and the evidence provided by the parties’.

I was shocked by the determination of both Initial Parking and POPLA to dismiss your extenuating circumstance and apply the penalty notice no matter what. I expected more compassion.

Parking companies have it in their power to withdraw a fine, especially in exceptional circumstances, such as when a car breaks down or when there is a medical emergency.

In my opinion, your situation should meet the latter criteria. I have presented this argument to Initial Parking, requesting that they be more understanding of your case and cancel the collection agencies’ calls.

I’m happy to report that within a short time a response was received saying: ‘This charge has been cancelled.’ You told me that a huge burden had been lifted from your shoulders.

My late uncle had a credit of £1,411 on his energy bill

I have been in a dispute with Scottish Power since my uncle died over a year ago. I arranged his funeral, vacated his apartment and notified all utilities of the measurements before August 2, 2022.

On August 5, I received the final bill from Scottish Power, which to my surprise said the credit was £1,411 on the bill.

I am my uncle’s next of kin in Britain, although my cousins ​​are his executors and live in South Africa. It was decided that it would be easier for me to deal with the British affairs.

After much communication, I received a check for the amount owed with my uncle’s name on it. However, this could not be paid out anywhere because all his accounts were closed.

I asked if the check could be reissued and made out to me, or sent by bank transfer to its beneficiaries, my cousins.

To make a long story short, the payment was not arranged and I was forced to go to the Energy Ombudsman. She took up the case in December.

In early March the Ombudsman upheld my complaint and asked Scottish Power to pay the money owed plus damages. Frustratingly, I’m still waiting.

CS, Burton-upon-Trent.

Sally Hamilton replies: When an energy account is closed, even if an account holder dies, the energy company must automatically repay the credit owed within ten working days after issuing the final bill.

You suggested that if Scottish Power had met this deadline there would have been no problem cashing the check as your uncle’s bank account was still active.

However, Scottish Power acted so slowly that by the time the check was issued, your uncle’s bank account was closed.

The delay set you on a course that led to you writing to me twelve months later.

You explained that a request to have the money sent via bank transfer to your cousins ​​in South Africa had failed and that even the check option proved fruitless as banks in that country stopped sending payments at the end of 2020. accepting checks.

You clearly ran out of energy pursuing the money owed to your late uncle’s estate, even after the ombudsman ruled in your favor.

So I turned up the heat on Scottish Power. Typically, a company can resolve payment issues after the account holder dies by simply changing the name on the utility bill and re-issuing a check in that name.

The new account holder does not have to be an executor of the will or even a surviving relative. But this has not been explained to you.

Following my intervention, Scottish Power finally resolved the issue and issued another check in your name. It included the £1,411 owed, plus the £60 compensation ordered by the ombudsman, and a further £60 by way of apology.

A spokesperson for Scottish Power said: ‘We are sorry for the delay in fully implementing the ombudsman’s recommendations in relation to the deceased customer’s account, and for any additional distress this may have caused his family at this sad time .

‘Due to an administrative error, there was a delay in processing all credit refunds and additional payments so that they could be paid to his niece to take action on behalf of the family.’

• Write to Sally Hamilton at Sally Sorts It, Money Mail, Northcliffe House, 2 Derry Street, London W8 5TT or email sally@dailymail.co.uk – include telephone number, address and a note addressed to the offending organization stating they are given permission to talk to Sally Hamilton. Please do not send any original documents as we cannot take responsibility for this. The Daily Mail cannot accept any legal liability for any answers given.