4 mins parking = £100 pcn

[dgs]

Hi. I had occasion to call by a small Co Op which shares a small car park with a Costa and a Greggs.
All parking 'bays' were taken so I parked safely without blocking anybody, to pop into the Co Op for what amounted to 4 mins.
Receiving a Notice to Keeper PCN a few days later for £100 (£60 payable if paid within 14 days)
I understood from one of the big signs that there is a maximum stay of 2 hours, but unknown to me on another sign it is mentioned that parking has to be within prescribed bays.
I also had conversations with a Co Op manager who informed me people get caught out with this all the time and the landlord who owns the land employed One Parking Solution for this site without even consulting with them. Making a lucrative two way split between the landlord and the parking company, leaving the trading companies to take all the flak and motorists unaware bearing the brunt of a heavy fine.
Looking at the situation and the signage is there any recourse on this or do I simply have to pay?
Thankyou dgs

[charitynjw]

Hi.

Do not ID who was driving, even on a forum.
'The driver did xxx, the registered keeper received yyy, etc.
Best to edit your post.

[charitynjw]

Change 'I had occasion to call by a small Co Op which shares a small car park with a Costa and a Greggs.' to
'The driver stopped in a small car park adjacent to a Co op, a Costa & a Greggs'.

I'd also edit out 'to pop into the Co Op' as you shoot yourself in the foot, I'm afraid.

(I'll edit this post once I know you've seen it).

A hypothetical scenario.
A driver using the parking area is allowed a reasonable time to read the site signs (& 'digest the info).
Imho, 4 mins is enough time. After all it's a small car park.
I believe more has been claimed, depending on the circumstances.

However, if that driver should park & straight away walk 'off site' (ie off the car park), he/she would, of course, forego that right.

To pull in, stop & read the sign.....4 mins easy!
& who wouldn't scarper pdq after realising that parking outside the lines could cost £100

Hypothetically, that is...........

[dgs]

Ok ........... I take what you are saying, and understand that but you haven't really answered how I would proceed from now?
Anybody else out there that can post best way togo forward before the 14 days run out?
ps. All other photos I have not shown show me getting out and coming back to the car in the 4 minute period.

[ostell]

You don't read the other posts about not inferring the driver !!!

The driver read and understood the onerous conditions and decided not to accept the offer of parking.
The parking is not clear and the penalty is not obvious, as required and commented on at the supreme court in the case of PE v Beavis.


What size is that other sign, the one on the left of the building? Can you se it is a parking notice?

[charitynjw]

Private parking companies do trawl through all the forums & have, in the past, actually used evidence gleaned from them.
If it were me, I wouldn't risk the £100 by not editing.
The driver is allowed a reasonable time to read signage before the alleged 'contract' bites.
4 mins is easily within that timeframe.
If it were me I'd be arguing that point in the first appeal to the parking co.

[dgs]

The blue one is a co op one saying the area is for the co op customers only and no liability for theft or damage etc?
All white signs are 45cm x 45cm. Quite small.
Apparently my daughter says it is all over the local Facebook and all sorts of people that have been caught out are saying that they've just simply ignored everything even solicitors letters and they go away after a few months, they say to do this because its not council owned etc.

[charitynjw]

'Ignore it & it will go away' is now considered to be old (& bad) advice.

Some private parking co's will drop it, others are rapacious & issue court claims like confetti.

The Protection of Freedoms Act 2012 has given them the 'mechanism' to do so.

[dgs]

You asked me what size the signs were and I posted 45cm x 45cm but you didn't comment on that?
Also you haven't so far given me an idea on how to proceed from here?

ps Cannot see how to edit ky post?

[ostell]

ps Cannot see how to edit ky post?

The "Edit" in the blue line at the bottom of your post, on the right perhaps?

So you were there for a few minutes, found the sign and din't accept there onerous conditions and left.
The sign is not clear and the charge is not apparent, contrary to the decision in beavis.

[ostell]

So get a picture of the blue one and as a consumer you are entitled to use whatever is more beneficial to you. If there is no mention of conditions on the coop sign then you had no reason to look elsewhere.

Compare the requirements of POFA, paragraph 9 with what is in your Notice to Keeper.

[dgs]

Unsure what you mean when you wrote after the pic of the blue sign part of your reply.
with their signs of 45cm x45cm and no yellow lines on that right hand side, just need somebody to tell me
A: Ignore
B: Wait for them to take you to court
C: Challenge the letter with x,y or z
Anybody??

[charitynjw]

As previously posted, do not ignore.

Write or email to them.
According to their Code of Practice, the driver (do not say 'me' or 'I') is allowed a reasonable grace period on entering the site, & a similar reasonable period to exit.
4 minutes is not reasonable.

[dgs]

Ok. Will do
So they will have a code of practice that states that, yes?
Will leave the appeal till the latest that I can and get back to you with what they say. Thankyou.

[charitynjw]

BPS AOS_Code_of_Practice_January_2018.pdf

Section 13 (Page 9)