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Unfair Parking charge

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  • Unfair Parking charge

    Hi I was**wondering if you can assist, I was parked in a private car park for 13 minutes, i was prepared to pay for my parking but there was no pay and display machine where the large sign saying pay here was. I was shocked to receive this letter and upon looking further there was 3 signs approx A3 size around the carpark saying payment is online only. Last time I parked in there was a year ago and there was a machine so didnt think to much of it. For 1 hour of parking it was only £1 so was more than happy to pay this, any help on how to appeal this would be great. Thanks
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  • #2
    Sorry to hear that you are in this situation, it is incredibly frustrating especially when you didn't realise a change had occurred in the car park. If you decide to appeal the case, it would rest on how noticeable the A3 signs were around the car park, informing you that payment was now online. If they were hidden or obscured it will help your case but the court will expect to see photographic evidence. Furthermore, an appeal case will cost more than £60-£100 and be more stressful. Before paying the charge, I would advise to contact the private company as soon as possible to explain what has happened and that you didn't see the signs. They might be able to help you before you begin an appeal. If you do decide to proceed with an appeal, pay the fine so it does not increase further but inform the company that you are doing so under duress (a legal term for being forced to) and that they are to expect a complaint and that you plan to appeal. With cases such as these, it is important to remain transparent with all parties.
    I am a law student undertaking work experience on the LegalBeagles forum. My advice is from my own experience only and is given without liability. If in any doubt, please contact a regulated and insured legal professional to seek further advice.

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    • #3
      ostell*

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      • #4
        That's probably the best NTK I have seen.* The only thing incorrect is the period of parking is not there, only the period of stay.

        If you are sure that there a pay machine there you can point out them that the Code of Practise requires them to display signs when there has been a change in conditions.* *Their CoP also requires that they give a grace period for the driver to decide whether to stay or not.* Your driver assumed that the pay machine had been moved and started looking for it then when it could not be found decided against taking up the offer to park and left with no intention of creating a contract..

        I think photos of the signs and their locations would be needed.

        Law Student.* These are not penalties and once they have been paid then the parking companies do not allow appeals.* Indeed some go as far as to say on* NTK that payment means that liability is accepted and no appeals wil be allowed.
        *

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        • #5
          ostell*as a matter of interest is the relevant land specified sufficiently.
          A quick google show car parks in Wilson Street in 6 different towns/cities in the UK

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          • #6
            Good point.* They have failed to specify the relevant land sufficiently so that the keeper knows where the event took place.

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