Parking notice… query

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  • #148043 Reply
    DougieB
    Participant

    I received a private parking notice today for stopping in a yellow hatched area which is part of a private car park. The reason I stopped was to help my wife, who is disabled, get into the car. There was nowhere else for us to stop safely.

    They allege I was actually parked although the two photographs provided were time stamped 12 seconds apart and in one of the photos you can actually see us both.

    Does anyone know the best wording to lodge an appeal against this charge>

    VW Tiguan R-Line Tech auto in nice shiny black. 🙂

Viewing 12 replies - 1 through 12 (of 12 total)
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  • #148044 Reply
    Wigwam
    Participant

    You could quote the highway code:

    “Parking
    Your vehicle will be considered “parked” if you stop longer than necessary for loading/unloading or boarding/disembarking.”

    If you didn’t stop longer than necessary then you were not “parked” but “stopped” and they can’t possibly charge you for parking.

    #148045 Reply
    DougieB
    Participant

    You could quote the highway code: “Parking Your vehicle will be considered “parked” if you stop longer than necessary for loading/unloading or boarding/disembarking.” If you didn’t stop longer than necessary then you were not “parked” but “stopped” and they can’t possibly charge you for parking.

    Thanks. Good idea.

     

    VW Tiguan R-Line Tech auto in nice shiny black. 🙂

    #148046 Reply
    Richard

    Feel free to edit knocked this up in a few mins, don’t follow the old advice if “ignore it” that has changed. I dou t they’ll take this anywhere I can’t see a court agreeing to fine you with photos 12 seconds apart. Photos taken a few seconds apart on an A road could show traffic parked in the middle of the road when in fact they’re at traffic lights, that’s just nuts. Go softly softly nice at this stage rather than guns blazing save that for later.

    Good luck

    Dear Sir

    I write in response to your allegation of a parking contract contravention. I disagree that I breach any parking terms as I was not parked at the time. I stopped briefly to aid my disabled wife into the car, included are copies of her blue badge (include copies). As I’m sure you’re aware providing photographs time stamped seconds apart is not proof of a parking contract contravention. I would be deeply grateful if in the light of this you would consent to look at the circumstances again.

    Failing this if you could forward to me details of who you use as part of the appeals process and I will begin down that route as appropriate once I hear from you.

    I hope you will take the circumstances into consideration and the fact the vehicle was not and never was parked on your property simply attempting to help a disabled person into the car without inconveniencing others.

    Yours sincerely

     

    #148047 Reply
    DougieB
    Participant

    Feel free to edit knocked this up in a few mins, don’t follow the old advice if “ignore it” that has changed. I dou t they’ll take this anywhere I can’t see a court agreeing to fine you with photos 12 seconds apart. Photos taken a few seconds apart on an A road could show traffic parked in the middle of the road when in fact they’re at traffic lights, that’s just nuts. Go softly softly nice at this stage rather than guns blazing save that for later. Good luck Dear Sir I write in response to your allegation of a parking contract contravention. I disagree that I breach any parking terms as I was not parked at the time. I stopped briefly to aid my disabled wife into the car, included are copies of her blue badge (include copies). As I’m sure you’re aware providing photographs time stamped seconds apart is not proof of a parking contract contravention. I would be deeply grateful if in the light of this you would consent to look at the circumstances again. Failing this if you could forward to me details of who you use as part of the appeals process and I will begin down that route as appropriate once I hear from you. I hope you will take the circumstances into consideration and the fact the vehicle was not and never was parked on your property simply attempting to help a disabled person into the car without inconveniencing others. Yours sincerely

    That’s superb. Thanks very much.

     

    VW Tiguan R-Line Tech auto in nice shiny black. 🙂

    #148066 Reply
    Aygo1991
    Participant

    Hi DougieB,

    I used to work for a private car parking company who used to operate Tesco’s car parks.

    Working in the appeals department, I discovered the moment the appellant started using the word ‘I’, they were admitting fault and therefore, the appeal would be rejected. What we were seeking was the drivers details at the time of incident, however, the driver could’ve been anyone and not necessary the car’s owner. I would suggest that you decline to offer the driver’s details as the PCN is essentially a notice of ‘ill’ parking. If you don’t mind me asking, who was the PCN issued from?

    Motability cars:

    2015 RR Evoque AWD 2.0 TD4 SE Tech - written off
    2017 Toyota CH-R 1.2T Dynamic CVT AWD - written off
    2019 BMW X2 2.0L Sport

    #148067 Reply
    DougieB
    Participant

    Hi DougieB, I used to work for a private car parking company who used to operate Tesco’s car parks. Working in the appeals department, I discovered the moment the appellant started using the word ‘I’, they were admitting fault and therefore, the appeal would be rejected. What we were seeking was the drivers details at the time of incident, however, the driver could’ve been anyone and not necessary the car’s owner. I would suggest that you decline to offer the driver’s details as the PCN is essentially a notice of ‘ill’ parking. If you don’t mind me asking, who was the PCN issued from?

    It came from Private Parking Solutions.

    So if I decline to name who was driving (and there are two insured drivers with RSA) what’s the next likely stage?

    Or do I simply point out that the vehicle wasn’t parked and simply appeal on the basis that it had stopped to allow a disabled person with mobility problems to get into the car.

    VW Tiguan R-Line Tech auto in nice shiny black. 🙂

    #148068 Reply
    Mike

    I wouldn’t even respond. A Parking Charge Notice – the one issued by private companies – is not backed up by law. It is an invoice that has been issued for what it alleges is a breach of contract. If the car park operator wants to force you to pay, they would need to take you to the civil court, which is highly unlikely as its costly and time-consuming.

    #148069 Reply
    Aygo1991
    Participant

    Hi DougieB, I used to work for a private car parking company who used to operate Tesco’s car parks. Working in the appeals department, I discovered the moment the appellant started using the word ‘I’, they were admitting fault and therefore, the appeal would be rejected. What we were seeking was the drivers details at the time of incident, however, the driver could’ve been anyone and not necessary the car’s owner. I would suggest that you decline to offer the driver’s details as the PCN is essentially a notice of ‘ill’ parking. If you don’t mind me asking, who was the PCN issued from?

    It came from Private Parking Solutions. So if I decline to name who was driving (and there are two insured drivers with RSA) what’s the next likely stage? Or do I simply point out that the vehicle wasn’t parked and simply appeal on the basis that it had stopped to allow a disabled person with mobility problems to get into the car.

    If you declined to name the driver, it’s likely that they will ask you again in which case you can still decline. After that, they should send you some correspondence stating that your appeal has been upheld and your PCN charge cancelled. But as Mike correctly said, it’s an invoice and not really worth the time or effort for them unless you’re a repeat “offender” and the land owner complains.

    Motability cars:

    2015 RR Evoque AWD 2.0 TD4 SE Tech - written off
    2017 Toyota CH-R 1.2T Dynamic CVT AWD - written off
    2019 BMW X2 2.0L Sport

    #148071 Reply
    Richard

    Pre edent case law has been set now & if you ignore private parking tickets they can now get a ccj against you. They don’t always do so but they can & if you defend in court you’ll likely lose.

    Always respond initially & appeal, if you appeal & lose go to the adjudicator if you lose that consider paying or gamble in them giving up but do NOT ignore as a speculative invoice because its not the case now.

    #148077 Reply
    Simon

    I agree with Mike don’t respond . Google the company name – loads of forums with usual information.

    #148078 Reply
    DougieB
    Participant

    One thing I have noticed, this car park doesn’t provide any disabled parking bays. Isn’t that illegal?

     

    VW Tiguan R-Line Tech auto in nice shiny black. 🙂

    #148079 Reply
    Peter

    When writing to these parasites, always talk about ‘the driver’.  Do not name yourself.  Ignoring them is no longer an option. I would suggest you put this on the Pepipoo Private Parking subforum.  You will receive expert advice there as to how to proceed. Link below:

    http://forums.pepipoo.com/index.php?s=4e3bb049efc4d906c4e7e3bb1f5f1acc&showforum=60

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