PCN ticket for parking on The Range

[mrlexus]

Today i received a parking charge notice from Care Parking stating that i Abused Patron Parking. The letter has 2 photos of my car from the drivers side and the back. Clearly someone with a smartphone has taken the photos.

They are wanting £100 or £60 if paid within 14 days but i was a customer at The Range and i did not stay over the 2 free hours given to patrons of the store.

I have emailed this company back stating i was a patron of The Range on the date in question and will be appealing this charge.

If Care Parking don't drop this silly charge what should my next actions be?

Thank You.

[mrlexus]

My email and their reply:

Today i have received a parking charge from the 06/12/2020 stating that i Abused Patron Parking.

1 - My car is clearly parked within the parking bay and the wheels are NOT over the white lines. (as per the photos)
2 - I was a customer of The Range on the date in question with my disabled children.
3 - I went into the town centre to get cash out of the cash machine before entering The Range as they do not have a cash machine in the store.

I am appealing this charge as i did NOT break the rules of the carpark and did NOT stay over the 2 hours the signage states for customers of The Range.

Thank You

-------------------------------------------

Good afternoon,

Please be advised, Parking Charge Notice (PCN) 507449 was issued for 'Abused Patron Parking' as the operative has witnessed the driver of the vehicle parking on-site and then leave Chalon Way car park in the direction of the town centre.

The Contractual Warning Signage in place throughout the site states 'Customer Only car park. You must remain on site at all times your vehicle remains in this car park.'

Can you please confirm if you wish for the above PCN to continue through the appeals process?

Kind Regards

Care Parking

[ostell]

Can you put up a copy of the sign

Have you tried to contact the range? The manager they're usually not helpful but try

[mrlexus]

Ill take a trip out to get a photo of the sign.

[mrlexus]

Here is the sign.

[ostell]

OK query with them where it says customer must remain on site

[mrlexus]

OK query with them where it says customer must remain on site

I have sent another email with the query you specified.

Do i just wait for another letter?

[efpom]

I am throwing my hat into the ring. - You are invited to squash it!

"You must remain on site at all times your vehicle remains in this car park" is what (the picture of) the the sign says.

The prospective' claimant confirms that is the clause it relies on.

Brief analysis of the clause:
"You" is not defined -Does it mean the "parker"? i.e the person in control of the vehicle when it was parked must remain on site, or does that also apply to passengers in the vehicle?
"Your vehicle" - Does this mean only the owner of the vehicle, or does it include the "parker"?

It seems to me that the 'clause' is ambiguous -“contra proferentem” principle in play?

See also, s.50 Consumer Rights Act 2015

As the prospective defendant admits that she did leave the site, but for the express purpose of getting money from her bank so as to shop in the site, and the car park is presumably provided to facilitate shopping on site, there may be a glimmer of a defence along that line. That glimmer might be fanned into a sustainable flame - duty to mitigate loss - see on point case attached.

See case for q - Who would have the right to sue for breach of contract?

[mrlexus]

I am throwing my hat into the ring. - You are invited to squash it!

"You must remain on site at all times your vehicle remains in this car park" is what (the picture of) the the sign says.

The prospective' claimant confirms that is the clause it relies on.

Brief analysis of the clause:
"You" is not defined -Does it mean the "parker"? i.e the person in control of the vehicle when it was parked must remain on site, or does that also apply to passengers in the vehicle?
"Your vehicle" - Does this mean only the owner of the vehicle, or does it include the "parker"?

It seems to me that the 'clause' is ambiguous -“contra proferentem” principle in play?

See also, s.50 Consumer Rights Act 2015

As the prospective defendant admits that she did leave the site, but for the express purpose of getting money from her bank so as to shop in the site, and the car park is presumably provided to facilitate shopping on site, there may be a glimmer of a defence along that line. That glimmer might be fanned into a sustainable flame - duty to mitigate loss - see on point case attached.

See case for q - Who would have the right to sue for breach of contract?

Thank you for sharing this, it will help me a lot. I have been able to make a list of points that i think will make this go away.

1 - The car was not parked for more than 2 hours.

2 - Parking is FREE - Stated by clearly visible signs on entry.

3 - The entrance and exits are NOT gated.

4 - The car obstructed nobody and was correctly parked.

5 - The driver of the car did NOT leave the site, he remained in the car the whole time.

6 - The driver did not see any parking attendants taking a photo of the car so this was done quickly and covertly to gain revenue.

7 - If the parking attendant did see me "the registered keeper" leave the site why didn’t he attempt approach me to warn me of a penalty charge if i do so?

[mrlexus]

Your appeal against the Parking Charge Notice (PCN) issued on 06 Dec 20 at Chalon Way for the alleged contravention of Abused Patron Parking has been considered by our appeals team, having reviewed the evidence and the details supplied by yourself your appeal has been rejected.

I have submitted the POPLA appeal but what if they reject it?

[mrlexus]

Can someone please give me some guidance on what i can do next. I have offered to pay the PCN but by a standing order (£10 per month) which they did not accept.

Their email to me.

This Parking Charge Notice is 195 days old, you have opted for independent arbitration of your case, and therefore the ability to pay the parking charge via a payment plan is no longer available.

This decision is final, and no further communication will be accepted by Care Parking regarding this appeal, therefore you are requested to now submit your payment of the monies owing.

You now have the following options from which to choose:

1. Pay the parking charge.

2. If you choose to do nothing, we will recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.

This letter and all other correspondence received in relation to this PCN may be used to form part of our case for court action if necessary.

Regards
Care Parking