Theatregoer, 68, triumphs over parking firm when he gets £100 fine overturned as judge agrees instructions to pay by phone were 'clear as mud'
Gil Smith, 68, used his mobile phone to pay for his parking ticket in Stockton
He represented himself & the judge agreed the instructions were 'clear as mud'
He added that the sign has still not been changed at the Stockton car parkPUBLISHED: 19:04, 10 December 2019A theatregoer triumphed over a parking firm today when a judge overturned his £100 fine, agreeing that the pay by phone instructions were 'clear as mud'.
Gil Smith followed instructions which were 'as clear as mud' at a Parking Eye car park, in Dovecot Street in Stockton.
The 68-year-old used his mobile phone to pay for his parking ticket before entering the theatre with his wife in September last year.
But much to his dismay, he a received £100 fine through the post 10 days later.
Gil Smith, 68, pictured, was fined last September by Parking Eye on a trip to the theatre in Stockton. Gil, who is semi-retired, decided to represent himself in court after feeling that the instructions were 'clear as mud'
Pictured is the pay by phone instructions at the Stockton car park. The 68-year-old said he was 'chuffed' after winning the caseGil, who is semi-retired from his company 'Orthoptic Supplies', was 'chuffed' after representing himself in court and winning the case.
He said: 'I parked the car and went to the notice board to see what methods of payment were available.
'One method shown to be available was to pay by mobile phone by texting my car registration number to a premium number.'
He added: 'I followed the instructions and checked my text had been delivered then I switched off my phone and entered the theatre.
'I was surprised to receive a letter informing me that I had not paid for parking and that I was therefore being fined.
'It was only at this point I re-checked the text that I sent and discovered that I had received a text saying that the method of paying by SMS was no longer supported.'
Mr Smith appealed his fine to POPLA - an independent appeals service for parking charge notices - which was rejected.
He then decided to take the matter to court after feeling that he had done nothing wrong by 'faithfully following the instructions on the board'.
Gil said that the sign has still not been changed or moved from the car park in Stockton (pictured)Gil appeared at Middlesbrough County Court on Tuesday, with his wife as a witness, and explained the events from September 14, 2018.
'I explained that I thought I had paid. The judge agreed with me and said the instructions were 'as clear as mud',' he said.
Gil, who stopped running eye clinics in NHS hospitals three years ago, made the decision to represent himself because he 'had faith in the case'.
He said: 'I was so pleased that the judge backed me up and said that any reasonable person would think it is an acceptable method of payment.
'It was a relief after over a year of stress of something which could have ended up costing me hundreds of pounds in costs.'
He also added that the sign has still not been changed at the Stockton car park.
Parking Eye declined to comment on the case.
https://www.dailymail.co.uk/news/article-7777609/Man-triumphs-parking-firm-judge-rules-instructions-clear-mud.html
