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Parking Charge Notice

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  • #1

    Parking Charge Notice

    Hi all i could really use some advice. On Sunday 20th August I was driving home with my kids in the early evening when a taxi driver pulled up behind me at s roundabout and told me i had a flat tire so i immediately pulled off into a nearby carpark to change my tire. The taxi driver came back but we couldn't get the wheel off. I saw a parking notice sign high up o a tall post and a security camera so decided that the car would be safe there and if someone came to ticket it they would see the flat and leave it be. I came back a couple of hours later and my sisters boyfriend put the space saver on. I had no ides they used numberplate recognition and saw no sign about it. I received a pcn in thr post and appealed it. Now they want evidence but i dont have a breakdown report as my sidters boyfriend put the space saver on. What can I do? This was a completely free car park or i would have paid parking.

    - - - Updated - - -

    This is in Scotland btw
    Tags: None
  • #2
    Re: Parking Charge Notice

    You send a witness statement from your sisters boyfriend stating that he came back to help you with the flat. You are, of course pleading frustration of contract, ie due to factors outside your control you could not comply with the conditions of the alleged contract.

    Post up the PCN with identifying details removed.

    Comment

    • #3
      Re: Parking Charge Notice

      Here is the PCN
      Attached Files

      Comment

      • #4
        Re: Parking Charge Notice

        Does the PCN mention POFA on the reverse?

        Comment

        • #5
          Re: Parking Charge Notice

          Have you ID'd who was driving at the time?
          This is in Scotland btw
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb

          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.

          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment

          • #6
            Re: Parking Charge Notice

            Well spotted charity! In Scotland there can be no keeper liability so if the driver has not been identified then just ignore.
            • 1 thank

            Comment

            • #7
              Re: Parking Charge Notice

              I got a shock when I received it as it doesn't say anywhere that its got cameras with numberplate recognition soni thought it was a traffic warden that might come round so I appealed it when I received it and said that I had a flat tire with 2 young kids in the back and was unable yo get the tire off. There is no mwntion of POFA on yhe back

              Comment

              • #8
                Re: Parking Charge Notice

                Sorry for typos. On my phone and Im all thumbs

                Comment

                • #9
                  Re: Parking Charge Notice

                  .........so I appealed it when I received it and said that I had a flat tire........
                  So you have ID'd the driver?
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb

                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.

                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment

                  • #10
                    Re: Parking Charge Notice

                    Yes I have I think I might have even clicked the driver and keeper option. But I had a flat tire in an empty free car park on a Sunday night so I thought it would be fine now they want evidence but Ive no breakdown report because my sisters boyfriend came back and changed the tire for me

                    Comment

                    • #11
                      Re: Parking Charge Notice

                      Lol!
                      & it was all going so well......

                      What the heck, who wants 'easy' anyway!

                      Can you get signed witness statements to the event?
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb

                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.

                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment

                      • #12
                        Re: Parking Charge Notice

                        I could probably get witness statements yeah andni know im an idiot i never take the easy route i panicked. I didn't even think to take a picture of the car I was mkre concerned about the kids but if the photo they sent me wasn't black and white they would see the yellow wheel on the space saver tire!

                        Comment

                        • #13
                          Re: Parking Charge Notice

                          So we're back to [MENTION=39331]ostell[/MENTION]'s suggestions above.

                          There was no intent to park, so no intention to create legal relations, so no contract agreed or formed.
                          & if no contract, then there cannot be a breach of contract.
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb

                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.

                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment

                          • #14
                            Re: Parking Charge Notice

                            So I have to write back to them stating I had no intention to park and entered into no agreement with them. Include a witness statement or 2 if I can track down the taxi driver. anything about the fact that it wqs a free and empty carpark so they have no actual losses to claim?

                            Comment

                            • #15
                              Re: Parking Charge Notice

                              Originally posted by Emlou View Post
                              So I have to write back to them stating I had no intention to park and entered into no agreement with them. Include a witness statement or 2 if I can track down the taxi driver.
                              All of that.....
                               anything about the fact that it wqs a free and empty carpark so they have no actual losses to claim?
                              .....but not that.
                              Since the ParkingEye v Beavis case, any gripes about unfair penalty clauses or unrealistic pre-estimation of losses will probably fall on deaf ears.
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb

                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.

                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment

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