Unfair Melbourne City Parking Fine - What Can I Do?

gozyla86 on 19/09/2019 - 15:49
Last edited 22/09/2019 - 01:33 by 1 other user

Hi all,

Long story short, 2 months ago I received the fined ticket, $84, for parking without pay inner Melbourne CBD. But I paid it via PayStay app and have record showed that I paid for my parking at 9:22, while the time on the ticket was 9:23, only 1-minute difference.

I disputed and they rejected it today. They stated "Our records show that your parking session was started after the officer began issuing the fine"

Should I just swallow? Worth to go to court? Any payment relating if I take it to court?

Thank you

Edit 1: Well, I don't know why everybody here thinks everything being asked are fishy. Long story as requested then. I always park in that area 3-4 times a week. Always pay via Paystay app. I always park in the middle of the street rather than next to the walking path. That day, after stop and out of the car, I saw an opening in the traffic so I rushed toward the walking path. And then while continue walked toward my destination, I opened the app and placed a payment. I was not look back after crossing the street? So tell me is there anything fishy now?

Edit 2: I went to Virgin Bourke Street 3-4 times a week, morning. I always park near Exhibition x Lonsdale street, middle parking lane. So there is no way I can see the inspector while I am in the middle of my exercise inside the gym. Have records show the history of 2-3 months back.

Edit 3: After some helpful comment below, I looked at the fine and this is the details on it:
- Issue Time: 9:23
- Offence Time: 9:23
- Offence - Parked - Fail to pay a fee and obey instruction sign/meter/tickets. Road Safety Road Rule 2017 - Meter Expired.

Automotive

Comments

  • djkelly69 on 19/09/2019 - 15:53
    +16

    Do you want to tell us the rest of the story?

    Sounds like you were probably parked without paying, saw you were getting a ticket and then paid on an app before he/she had finished writing the ticket.

    • mubd1234 on 19/09/2019 - 15:58
      +4

      If you genuinely were arranging to pay for parking, you should go to court. If you were being a sneaky bastard as described here, you should suck it up.

      • gozyla86 on 19/09/2019 - 16:03

        Nah, I actually park there 3-4 times a week, each around 2 hours top and always pay via the app.

        • fantombloo on 19/09/2019 - 16:06
          +22

          If you have a documented history of paying around that spot then that's good evidence to present in a contest.

        • mubd1234 on 19/09/2019 - 16:08
          +2

          The way it sounds is the parking payment system the parking inspector has gone into has not updated fast enough.

          If this is the case, definitely take it to court. Show proof of payment on previous occasions within the same parking zone to reinforce that you aren't a fly-by-night parking freeloader to make your case absolutely airtight. The prosecutor will almost certainly withdraw before it goes before the judge. They'd be stupid not to.

          If it does go to court I'd be astounded if a magistrate finds against you, notwithstanding anything which clearly shows you trying to flout the law (e.g. photographic evidence of your car standing in the spot for 30 minutes before payment).

          • gozyla86 on 19/09/2019 - 16:22
            +1

            @mubd1234: I have at least 10 parking history at the same parking spot, around the same time in my app. It becomes my habit of parking at that spot whenever I go to the city in the morning.

          • Rumstein on 20/09/2019 - 13:01
            +2

            @mubd1234: I think it's more that when you pay for parking, you first park, then it takes a bit of time to either get a ticket from the booth and return, or pay by app while walking to destination. In either case, it sounds like the parking inspector did not even provide an opportunity for OP to pay for parking before starting a ticket, and as you'll notice with most inspectors, it takes a decent amount of time for their fat fingers to fumble around the keypad and type in the details such as license plate and location.

    • anonymous01 on 20/09/2019 - 10:36
      +14

      I actually believe him. Same thing happened to me last year. Without any disrespect to few good ones, most of these $%#&ing ticket inspectors are always hiding around the corner because they know people who pay using apps usually pay after getting out of the car.

      I did the same thing. I got out of the car, started walking and paid for parking using the app. Got back 20 mins later and had a fine.

      Luckily I had a Dashcam footage of the time I parked. The fine was literally for next minute. Even if I wasn't paying using the app, it would've still taken me couple of minutes to walk to the Machine, put in my coins and print out a ticket.

      I emailed them my Dashcam footage along with my Google Maps timeline review to show them the time stamps. You know what those bastards did? Instead of admitting their scam, they replied "We will waive this fine for you, but for next time, Parking ticket should be showing on your dashboard before you leave your car. It is your responsibility."

      I would've taken them to court, had they not waived my fine.

      How #$%&ing stupid do you have to be to say that. How can you have the ticket on your dashboard BEFORE you have parked your car and walked to the machine to print your ticket?

      I am looking at you Kingston City Council!

      • jonathonsunshine on 20/09/2019 - 11:29
        +11

        This is becoming a common tactic for Government, similar to RoboDebt.

        They waive individuals who put up a fight to make sure the whole system isn't tested in court and they don't even admit they were wrong in those particular instances.

  • [Deactivated] on 19/09/2019 - 15:53
    +13

    If any proof of payment shows 9.22, and the infringement itself shows 9.23, it should be withdrawn as an invalid fine if that infringement were to become void with your payment.

    But something tells me you're not disclosing the full story…

    • gozyla86 on 19/09/2019 - 16:12

      Full story updated above. thanks

    • trapper on 20/09/2019 - 12:14
      +2

      Yeah, even though the story does sound a little 'dodgy', he did in fact have valid parking at the time the ticket was issued so the fine is invalid.

  • PissLUR on 19/09/2019 - 15:53

    tell us what happened?

  • Almost Banned on 19/09/2019 - 15:55

    I'd fight it - but I'm that sort of person.

  • pyramid on 19/09/2019 - 15:57
    +5

    Long story short

    Please enlighten ozb with long story…I m free…

    • Seedy seed on 19/09/2019 - 16:59

      Ill take 6 if your free.

      • Mike88 on 19/09/2019 - 22:41
        +1

        inches?

        • Seedy seed on 20/09/2019 - 00:55

          šŸ—ļøšŸ˜œ

        • omgilia on 20/09/2019 - 10:00

          Best I can do is 3 and believe me, I'm taking a huge risk here

  • Davo1111 on 19/09/2019 - 15:58

    Story sounds fishy.

    Where were you when you made the payment?

    • netbies on 19/09/2019 - 16:05

      Possibly next to the officer…. ;P

    • gozyla86 on 19/09/2019 - 16:05
      +1

      Across the street and walking toward while placing a payment on app. I parked in middle of the street and found a gap between traffic so I rush to cross. And then open an app, paid and don't look back after that

        • gozyla86 on 19/09/2019 - 16:12
          +11

          Are you nut? Why victim blaming? I asked because I dont know what to do. If you don't have an answer, walk away, keyboard warrior.

          • Davo1111 on 19/09/2019 - 16:16
            -4

            @gozyla86: You already know the answer, so why are you posting?

            The back of the fine gives you the option to take it to court. So if you feel aggrieved, then elect to have the matter heard in court.

            Everyone here thinks it's fishy because the payment was made conveniently after the fine had been issued (which takes longer than 10 seconds to generate).

            • gozyla86 on 19/09/2019 - 16:19
              -2

              @Davo1111: I want to ask to see if it is worth to take it to the court. And if you are that free to victim-blaming, then look it up the updated story above.

              • Davo1111 on 19/09/2019 - 16:25

                @gozyla86: You don't know what victim blaming is.

                And your question can't be answered as it's based on how much YOU value your time and the chance of you actually getting the fine withdrawn.

                If you want MY opinion. Around $80 would be my threshold of just giving up and paying the fine. However, i think your chances of it getting withdrawn is quite low, as i dont believe the story.

                • Nebargains on 20/09/2019 - 11:51

                  @Davo1111: Why would chances of getting it withdrawn be low? If they have proof of payment of 9:22 and the ticket has an issued time of 9:23, sounds like a win to me?

                • trapper on 20/09/2019 - 12:19

                  @Davo1111: It's not just the monetary value, there is also principle.

                  If the story is true the fine is almost certain to be withdrawn.

              • misterpotatomato on 20/09/2019 - 05:13
                +4

                @gozyla86: Unfortunately, a great deal of the community here on ozb engages in this kind of sleuthing to prove that what you are doing is sketchy. I think it's because a lot of people post for advice and then it comes out later through their story that they have done something wrong.

                In this case though, there's simply no way you could park, leave your car, see the parking inspector, open the app and pay exactly one minute later, after the fine was given. It would take longer than a minute to open the app, enter your parking number, and pay for parking (and have your payment processed).

                Sorry people aren't giving you the benefit of the doubt

            • Rumstein on 20/09/2019 - 13:03

              @Davo1111: IDK about you, but reading the story says that the parking was paid for 1 minute BEFORE the fine was issued.

  • qwerty on 19/09/2019 - 16:04
    -1

    "Our records show that your parking session was started after the officer began issuing the fine"- aka you saw the officer writing you a ticket so you hopped on the app to try to pay it right when they were fining you .

    How long was the car parked before you went on the app ?

    • gozyla86 on 19/09/2019 - 16:10
      +1

      1 -2 minutes top. I updated a longer version of the story as requested

  • whooah1979 on 19/09/2019 - 16:14

    If you canā€™t swallow, then try your luck in court.

    • pyramid on 19/09/2019 - 16:20
      +3

      OP wants endorsement from OZb that he can contest this fine in court…and then he can show it to judge and can get ruling in his favor.

      • Davo1111 on 19/09/2019 - 16:26

        Evidence A - MS Paint diagram

  • Seraphin7 on 19/09/2019 - 16:23

    Your post doesn't have the critical information.

    When did the officer issue the fine? Some time before 9.22/9.23?

    Were you parked there for some time, then spotted the parking officer, and quickly tried to pay to avoid the fine?

    • gozyla86 on 19/09/2019 - 16:28
      +2

      The time on the fine ticket was 9:23.
      The time I paid for parking on the app was 9:22.

  • jjjaar on 19/09/2019 - 16:24
    +12

    Iā€™m more curious about why you are driving to a gym in the cbd?

    • Oz8argain on 20/09/2019 - 14:23
      +1

      Virgin Active is a really posh gym and is only in CBD + Paying for expensive parking. OP probably makes a good living to afford that but still should fight for the unfair ticket :P

  • Ocker on 19/09/2019 - 16:24
    +3

    Why not use the app while sitting in your car immediately after parking?

    • gozyla86 on 19/09/2019 - 16:27
      +1

      Lesson learned. Though I can do it while walking

      • pyramid on 19/09/2019 - 16:28

        Yeah then keep doing it while walking….

    • ascorbic on 20/09/2019 - 22:33
      +2

      Often the 8 digit area ID (required for app payment) is not visible from sitting in the car and you have to walk over to the sign. The app has location detection but it sometimes gets it wrong (which also means a fine if you pay for the wrong area).

  • djkelly69 on 19/09/2019 - 16:27

    Ok, so do you have any evidence to disprove their statement that your parking session started after they had started writing the ticket?

    Otherwise, I don't really see any argument.

    • gozyla86 on 19/09/2019 - 16:30
      +2

      The only thing that I have is the record that I paid for the ticket before the fine was issued. As well as a list of more than 10 paid parking history at the same spot, in my app, for the past 2 months.

      • hussey25 on 19/09/2019 - 17:28
        +2

        Something's not adding up….

        Nah, I actually park there 3-4 times a week, each around 2 hours top and always pay via the app.

        By my calculations 3x/week for 8 weeks is 24?

        • elcap on 20/09/2019 - 11:49
          +2

          is 24 not more than 10?

          • hussey25 on 20/09/2019 - 11:53

            @elcap: If I had 24 reciepts, I would've said at the very least, more than 20, not more than 10…

        • kiitos on 20/09/2019 - 13:07
          +2

          Yes, but the parking officer doesn't walk past every time ;-)

  • forrester on 19/09/2019 - 16:30
    +4

    OP has history regarding tight pickles.

    Exhibit A: https://www.ozbargain.com.au/node/466831

  • kahn on 19/09/2019 - 16:45
    +19

    Should I just swallow?

    (Ėµ Ķ”Ā° ĶœŹ– Ķ”Ā°Ėµ)

  • [Deactivated] on 19/09/2019 - 16:54
    +1

    ask them for the record to show that they are correct or else go to court if you truly think you are correct

  • apple2016 on 19/09/2019 - 16:58
    +6

    The parking spots in melbourne CBD have smart tracking. They will have records of when you enter and exit the parking bay. You may be able to request for this.

    • gozyla86 on 19/09/2019 - 17:35

      Cool. I don't know this. Will look it up. thanks you very much

    • Rumbaar on 19/09/2019 - 19:53

      Not all spots have that, "your time starts as soon as your stop", bullshit smart tracking tech.

    • whooah1979 on 19/09/2019 - 19:43
      +3

      How may drivers buy a ticket without leaving their vehicle?

      • Rumbaar on 19/09/2019 - 19:52
        +10

        I enter a quantum state and exist in both inside my car and at the ticket purchasing stations at the same time. Doesn't everyone?!

      • Ryanek on 19/09/2019 - 20:00
        -2

        That's why I said electronically. OP would have a case if he had to leave to buy from a ticket machine.

        • whooah1979 on 19/09/2019 - 20:05

          Iā€™m not familiar with the parking system in VIC. Are drivers not allowed to leave their vehicle and pay at the same time?

          • Ryanek on 19/09/2019 - 20:11

            @whooah1979: He paid using the Paystay app so you can pay it immediately.

            • yellowfever on 19/09/2019 - 21:18
              +4

              @Ryanek: In Melb CBD you have to get out of the car, walk to the parking sign to read the designated parking code. You enter the code into the app to pay for the ticket. This process takes around 20sec to 1min, dependent on the walking distance of the parked car to the sign post.
              There may be only one scenario where you can sit in your car and pay, that is if your car is right next to the street sign and you can see the sign through your window, but from the drivers seat view it may not even be possible to sit and see the street sign.

              There is always going to be a time gap between stepping out of the car to read the code and complete the payment.

              This is the problem with paystay.

              • gozyla86 on 20/09/2019 - 00:04
                +1

                @yellowfever: And to be honest, parking in the middle lane is not a safe spot to hang around looking up.

  • herecomestheoost on 19/09/2019 - 19:57
    +1

    Pay your dues, son.

  • [Deactivated] on 19/09/2019 - 20:31
    +5

    "Our records show that your parking session was started after the officer began issuing the fine"

    Ask them for a copy of those records.

    • gozyla86 on 19/09/2019 - 20:39

      I will call them first thing tomorrow as they don't give me an email to contact

  • yellowfever on 19/09/2019 - 21:31

    Your story does not state that you have evidence of a payment time at 9:22
    Do you have evidence? Payment receipt from the app? Screenshot?
    If you have this you have a good chance to fight it again via council letter.

    Apparently as you mention, the council has evidence of a start time at 9:23

    1 min is a very close difference that would be worth fighting, if you genuinely did pay at 9.22

    However if you clearly walked away from your car or sign post before paying you have less chance to argue. Although this cannot be proven from either ends.

    The point about you parking there 3-4 times a week is totally irrelevant.
    Each parking event is a different circumstance.
    You cannot say I park here every day and always pay..that means nothing.
    The current issue is one single event and you need to deal with this event solely as it is.

    When you point out that you walked into the path and then made the payment, that is actually putting yourself in a bad situation. You need to pay as soon as you leave the car and can read the street sign. Not while walking to another destination.

    The points about you going to gym and cannot see inspector is irrelevant. Same with you parking here 4 months back. This has no relevance to the single issue.

    I just spent 3 mins writing this. I also have no relevance.

    • gozyla86 on 19/09/2019 - 23:16

      I have the receipt in-app to show that I paid at 9:22. I wrote to the council but they rejected my dispute.

      • [Deactivated] on 20/09/2019 - 12:17
        -7

        If you wrote using the same poor English you've demonstrated here (e.g. 'top' instead of 'tops' and many more cases) it's possible they simply didn't understand you.

  • cloudy on 19/09/2019 - 23:05

    I feel for you Op.

    I almost got a fine for doing my best to do the right thing at a parking spot. Nearest paystation was 25m away, and when I went with my credit card the touch buttons were so fault/non responsive, I went back to car to grab coins and parking inspector was there at my car already. Lucky for me, a quick explanation and she completely understood ( apparently everyone complains about how pathetic the paystation is but they never fix it) and she let me get the coins and pay.

    Anyway long story short, if you do park there regularly and pay, you have the evidence for it, take it to court. Parking inspectors literally prey to meet ticket targets (not suggesting it happened here, but might of). Itā€™s unethical if you ask me.

    • gozyla86 on 19/09/2019 - 23:19
      +5

      Thank you. At least some decent advice and understanding here. I send them the receipt proving that I paid at 9:22 they still not accept despite the ticket was 1 min behind.

  • Marty131 on 20/09/2019 - 07:15
    +12

    If you decide to pay the fine, do a CC charge back on your parking ticket… ā€œservices were not providedā€! If the council then disputes this, show them the fine ;)

  • [Deactivated] on 20/09/2019 - 08:09
    -2

    No excuse really, you hadnā€™t paid to park. Suck it up and pay the fine. If you had a physical ticket and could show proof to the parking officer or that you were trying to pay online then it would be a different story. The car was unattended without a valid ticket, physical or digital.

  • trankillity on 20/09/2019 - 08:13
    +1

    All these people saying "take it to court" and I'm here thinking "my time is worth WAY more to me than an $84 fine". Sure, the principal of it is just - but pick your battles IMO.

    • Davo1111 on 20/09/2019 - 09:50
      +1

      All these people amounts to 2?

      • "I'd fight it - but I'm that sort of person."
      • "If you canā€™t swallow, then try your luck in court."

      They sound confident.

    • Seraphin7 on 20/09/2019 - 11:07
      +1

      You are 100% correct, unfortunately, and the various infringement issuing authorities know it too.

      The number of things you can be fined for, and the value of those fines, in this country is getting ridiculous. These "enforcement officers" roam the streets looking to sting people, often for minor infractions like being a few minutes late back to a four hour parking space. Then you get whacked with the best part of $100 because something happened to run a bit over.

      Of course, as you say, as draconian as these penalties are they are carefully calibrated such that for the overwhelming majority of people the more efficient path is just to cough up rather than waste a day (and a day's income) to get their $84 back. It doesn't help that the system is entirely against those that have been fined given the "strict liability" that is applied in any hearing.

  • Alexaxis on 20/09/2019 - 09:56
    +5

    fact check..
    if you did pay the ticket at 9:22, fight against the council, a win is guaranteed.

  • lint on 20/09/2019 - 10:04
    +7

    If your payment timestamp in the app is earlier than the timestamp on the fine as you say, it's easy to challenge this in court and win.

  • THICKnSLOW on 20/09/2019 - 10:19
    -4

    Maybe OP parked at 8:00, got out of car had a smoko and lazy chat on street, called mates for more chat, then saw parking salesman at 9:20 writing up a bill, so OP quickly run to machine to buy a ticket at 9:22

    That's how it played out in my mind.

  • goldkitkat on 20/09/2019 - 11:16
    +2

    Same thing happened to me with Melbourne City Council (MCC) on Little Collins last year. Paid for parking at the machine, input the correct bay number and came back within the hour parking to find a ticket on my windscreen.
    I took a photo of the meter displaying the time (to prove that my parking session was still active), a picture of my car within the specified bay, the ticket identifying the time it was issued and the current time (still within the booking session). I sent this all to Melbourne City Council via email.
    MCC came back to me a couple of days later and asked for the last 4 digits of the card that I'd used for the parking as their system doesn't have any idea of who parked where, and paid when. This was despite all the evidence I'd provided previously.
    MCC came back again and said they were able to match my card to a parking session and my ticket was revoked.

    So, never pay for parking in the Melbourne CBD with cash, as there's no way to prove you actually paid it - it's basically your word against the parking inspector.

  • Herbse on 20/09/2019 - 11:55
    +2

    The vital part of the story that's missing is what time did you actually park the car and get out of it?

    You're making it clear that you paid for the spot on your phone after you walked away from the car, and the ticket was issued one minute before you paid. Which is your self issued saving grace.

    But if you parked the car 5 minutes before, 10 minutes before paying for the spot. Then the story is different and probably why they are not revoking the fine.

  • trapper on 20/09/2019 - 12:09
    +1

    Wait, you crossed the road and paid via app at 9:22?

    So must have actually parked at 9:20 or 9:21 - yet the guy was already at your car issuing a ticket by 9:23?

    Something doesn't add up.

    • wyrmy on 20/09/2019 - 12:30
      +5

      Yes that's pretty much how predatory parking inspectors work.

      • gromit on 20/09/2019 - 19:13
        -2

        That doesn't sound predatory to me. when you park you are required to pay before leaving. whether it was 2 minutes or 2 hours later is irrelevant once you have left without paying.

        • pxrnm on 20/09/2019 - 19:25
          +2

          Not even going to the pay station if you dont have the apps? Or even with the apps but you dont know the code for it, are you expected to stay in your car instead and not move out so that you can… you know pay the actual parking??

          • gromit on 21/09/2019 - 10:25
            -2

            @pxrnm: the pay station is not leaving. you are allowed a few mins grace, my bet is we aren't hearing the full accurate story here. What does the time of infringement say (this is usually different to the time of ticket by a few mins at least).

        • whooah1979 on 20/09/2019 - 21:28
          -1

          It doesnā€™t sound like drivers are able to pay while in their vehicle.

        • burningrage on 21/09/2019 - 10:15

          Parking inspectors are required to provide 5 minutes grace to allow people purchasing ticket.

          This is mandatory.

          Source: Asked a Council Traffic Infringement Officer.

      • [Deactivated] on 21/09/2019 - 08:08

        People doing their job.

        • burningrage on 21/09/2019 - 10:17
          -1

          You mean people filling up their fixed quota.

          https://www.heraldsun.com.au/news/victoria/melbourne-city-coā€¦

          (Paywalled)

          • [Deactivated] on 22/09/2019 - 08:27
            +1

            @burningrage: Iā€™m not saying parking inspections arenā€™t predatory in nature, but agreeing to park is agreeing to pay and abide by council rules. Itā€™s like blaming a collections agency for not paying your credit card.

            • burningrage on 22/09/2019 - 13:42

              @[Deactivated]: I am not saying the OP is NOT paying and abide by council rules. He has a black and white evidence that he paid for parking before he was booked and yet the council was being pigheaded ignoring the cold and hard evidence.

              So as far as the evidence suggests, the council is an arsehole and predatory.

              • [Deactivated] on 23/09/2019 - 08:38
                +1

                @burningrage: True, but the inspector would have had to be at the car prior to that - entering and checking info. Obviously if you arenā€™t at your vechile when you pay, itā€™s hard to verify that youā€™ve paid for the correct time. OP stated they walked across the road, if you know that the parking inspectors are predatory avoid putting yourself in that situation.

                Unfortunately, the incidents of ticketing is getting worse, especially with metro construction workers taking loafing zones. Have many friends who are trades and just cop the fines for overstaying, having to double park or use car share zones because there is nowhere to stop or park. There are definitely bigger issues.

  • Rumstein on 20/09/2019 - 12:52
    +6

    If it is as you claim, fight it.

    If the parking fine says 9:23, but your paid parking says it started at 9:22, then it is an invalid fine.

    Nothing else even factors into that. You could have witnessed the inspector writing the ticket and hurriedly paid, it doesn't actually matter. At the time of the ticket being processed, your parking was paid for and valid.

    Edit: I doubt they would contest that. But according to your timeline, you could have taken 1 minute to go from car to parking meter and still have gotten a fine from the predatory parking inspector and they would have claimed you still owed a fine, which is clearly wrong. You also have a history of paid parking in the app, which you could put forward as evidence that you had intent to pay for your parking in the first place.

  • Roman Sandstorm on 20/09/2019 - 14:07
    +3

    On the City of Melbourne Infringement Notice I have in front of me right now, there are two listed times:

    1. Notice Issued. This is the time that the officer recorded and printed out the notice.
    2. Offence Time. This is the time that it is alleged that I was infringing.

    In my case, the issue time was 12:19 pm, and the offence time was 11:36 am. I had parked in a two hour zone at 9:30 am (plus/minus 2 minutes), so I was definitely over by the offence time. In fact, the Council in-ground vehicle tracking appears to have got it exactly correct, and even given me 5 minutes 'grace period', before advising the infringement officer, who then turned up at my car at 12:19, and issued the ticket. Note that he probably could have used that arrival time as the offence time, but it makes no difference being six minutes or sixty minutes over.

    I have spoken, both on the phone regarding a PayStay issue (credit not going through immediately), as well as to parking officers. Both advised me there is a five minute leeway to deal with such situations: eg, getting out of car to go to machine, or to view the sign, or if there are issues with payStay app.

    OP, what are the times on your notice?

    If things are exactly as you state, then I would suggest writing it all out clearly, including screenshots, etc, and requesting a review by City of Melbourne. Tell them that if your review is unsuccessful you will definitely be contesting it in court. You will have opportunity to pull out of court appearance should you desire. But if what you describe is 100% correct, I expect they will accede.

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