Azure Parking Charge

[davec2019]

I have just received this parking charge and appealed via their website. As you will see from my response, this was a genuine mistake due to the circumstances

Dear Sir or Madam,

I am writing to formally appeal Parking Charge Reference issued by Azure Parking Ltd.

The parking event in question occurred when I briefly stopped in the area while visiting what I genuinely believed to be parking associated with the local Post Office. As I do not live in the area, I was not aware that the space was restricted private parking, and there was no intention whatsoever to park unlawfully.

My vehicle was incorrectly parked in this location for approximately three to five minutes at most, and I fully appreciate that this was still an error on my part. This was purely to drop off important documents for my mother, who has recently suffered a bereavement following the loss of her husband, my father. I appreciate that you will hear many explanations when reviewing appeals; however, this was a genuine mistake. At the time, my focus was on assisting my mother, and I did not pay sufficient attention to any nearby signage that may have indicated parking restrictions. I would be willing to provide a copy of the death certificate if required, to support the reason for this brief visit to post an important document on her behalf.

I would also like to highlight that I have no prior history of parking charge notices or related issues. This was an isolated and unintentional mistake, not deliberate misuse of private land or disregard for parking terms.

Given the very short duration of the stop, the genuine misunderstanding regarding the location, and the circumstances surrounding the visit, I respectfully ask that you exercise discretion and cancel this Parking Charge Notice.

Thank you for taking the time to consider this appeal. I look forward to your response.

Yours faithfully,
David Champion



Upon looking at their online reviews, I'm sure they are going to reject my appeal as they have no compaasion, what would be my next stepsa as I'm a single father and £60 is a lot for me to have to pay as I have 2 children I provide for.

I am at fault, but any help is greatly appreciated.

[des8]

Almost bound to reject your appeal as it only contains "mitigating circumstances"
Pity you identified yourself as driver as that notice to keeper does not comply with the details necessary to hold you as keeper liable for the charge.
Almost guaranteed they will pursue you as the driver.

I have looked on Google Earth to see where you might have parked (I want to look at the parking signs) but can't see anywhere.
Was this a car park off the road, perhaps round the back of the shops?

[davec2019]

I have just realised that when I log in, the case photos only show me entering and then leaving, but not parking. I believe there may be bays in the area that are not covered by signs. The gym next door has allocated parking, but I am not a member of that gym

It's a car park for residents and some of the shops (Estate agents, Gym and others I believe)

Yeah in my haste to appeal, I have most probably hurt my chances of appeal tbh

I may be able to go back and gather evidence if I can see a space that isn't covered by signage and mybe use that for POPLA but from what I read online they are just as bad as the parking charge copmpanies, I won't be driving in this time though.

[des8]

OK, appeals to POPLA are a bit hit or miss depending on the adjudicator

I would suggest you return to the car park with camera and ruler, pencil and paper!
Make a plan of the site and note the positioning and height of every sign
Measure the font sizes of all the wording.
The above applies most particularly to the signs at the entrance to the car park, which I assume is at the opening between the buildings.
If there is no sign there, still photograph that area.

When you have that information post up here with your photographs.

In the meantime I'm asking admin EXC to remove all your attachments as you have left your name and reg number visible (I have taken a copy)

[davec2019]

ive just replaced the pictures with a random paint picture, as I had to replace it with at least one picture.

Thanks for your assistance

I would hope they may have some compassion, but sure I won't get that result.

[EXC]

In the meantime I'm asking admin EXC to remove all your attachments as you have left your name and reg number visible (I have taken a copy)

Done.

[davec2019]

So I ventured back to the car park, but the weather was pretty awfull and I forgot my ruler annoyingly.

The space I parked in doesn't have a sign in front of it, but I assume the way it operates is that the signage covers the land regardless of placement.

[davec2019]

could only post 6 at a time

[davec2019]

Link to original pictures

[des8]

Let's see what Azure come back with ... probably a rejection.

PoPLA may or may not uphold an appeal, but you have a good chance of winning in court (if they ever go that far).
.
Any claim they make will be for a breach of contract formed by the signs
But those signs are forbidding in nature, and as one cannot contract to do what is forbidden, any claim should fail.
The chances are that if they initiate a court claim, they will eventually discontinue it if you file a defence

[davec2019]

Thanks for the information. My main concern would be that the fine would keep increasing and end up at a much higher amount if I were not successful and held out. Additionally, my credit rating would be affected if I were to receive a CCJ or something of that nature.

As you say Ill wait to see what response I get from Azure regarding the appeal and go from there.

[des8]

Please note this is not a "fine", but only a charge for parking.

Worst case scenario if it goes to court and you lose would be the original charge plus limited court costs
As long as the judgment award was paid within a month there would be no CCJ registered

Even if the Claimant initiates a claim, and wins at trial, they are unlikely to be awarded their full costs. These companies’ entire business model is based on most people paying up at the first time of asking as it is a small claim and not worth defending. So we often find these companies initiate a claim but then discontinue it or just don't turn up for the hearing.


Here's one I have just been told has been discontinued by the parking company https://legalbeagles.info/forums/for...e-please/page2

[davec2019]

Thanks for your help, Im still yet to hear about my appeal, I'll update once I get a response, let's hope it's favourable, but 99% sure it won't be.

[davec2019]

Just as an update, had this through so just waiting for the appeal response, still expect a denial

Good afternoon,
Thank you for your appeal, all comments made have been noted and any evidence provided has been fully reviewed.
Please ensure you read this email carefully as it contains important information regarding your account and your next steps.
We can confirm your appeal has been fully considered and processed and an appeal response will be sent, via email, within the next two (2) working days.
The document and password will be sent in separate emails so please ensure you check your junk and spam folder.
Your appeal response will be sent from email donotreply@zzps.co.uk. If you have not received this within two (2) working days, please call us directly 01932 918 916 or join our live chat service at www.ZZPS.co.uk . If you are unable to open your appeal response, please first ensure you are entering the password with no spaces before or after. If you are still having issues, please use the previously mentioned options to contact us.
We must advise that your appeal response is time sensitive and therefore, if you do have any issues with opening the attachment or receiving the response, you must not email us. This is because we may not be able to action your email before the account progresses which may result in a balance increase that will be unable to be retracted.
Photographic evidence is available to view at Paymyparkingcharge.com using your Parking Charge Number (Client Reference) and your VRM (Vehicle Registration Mark).
Please note, if your appeal has been rejected and your correspondence states you may pay the reduced balance within 14 days, but the account is showing the full balance, you will be required to call us directly on 01932 918 916, join our live chat service, or use the bank details on the back of our original correspondence to make this payment.
Any email correspondence received disputing the balance or asking for assistance may not be picked up in time which would result in progression of the account.
Kind regards
Shannon Kelly

[davec2019]

Good evening

I have received a response from Azure, and as expected, it has been rejected. Please see their response below.

Thank you for your appeal against the above Parking Charge. We have carefully considered your appeal however after full consideration of all details relating to this Parking Charge your appeal has been rejected. It is the driver’s responsibility to always ensure they are fully aware of and adhere to the Terms and Conditions when parking on private land. Upon consideration of your appeal, we have concluded that this Parking Charge has been issued correctly. Whilst we can appreciate that you believed the area to be associated with the local Post Office and that the vehicle was present for a short period while you were assisting your mother during a difficult time, the evidence confirms that the vehicle was stationary on private land where parking is restricted and authorisation is required. The Terms and Conditions are clearly displayed on site in accordance with the British Parking Association Code of Practice and apply to all motorists, regardless of the duration of stay or personal circumstances. A brief stop of several minutes still constitutes unauthorised parking when a vehicle is left stationary in a restricted area without permission, and mitigating circumstances do not override the requirement to comply with the site’s Terms and Conditions. As such, the Parking Charge was issued correctly and the appeal has been rejected on this occasion. To avoid further Parking Charges, please ensure you only park in clearly authorised areas and review all on-site signage before leaving your vehicle. For your further information, given The Supreme Court ruling in the case of ParkingEye Limited –v- Beavis (https://www.supremecourt.uk/cases/uksc-2015-0116.html), it is clear that your Parking Charge is wholly valid and fully enforceable through the courts. You have now reached the end of our internal appeals procedure and therefore you now have various options: − You can either pay the total amount due as shown above within the next 14 days from the date of this letter. ▪ Call us on 01932 918098 ▪ Pay securely online at www.PayMyParkingCharge.com ▪ Send a payment to the address noted above (please quote the Parking Charge Number on all payments) − Please note, a £1.95 handling fee applies to all payment methods. OR; − You can appeal to an Independent Appeals Service: POPLA (Parking on Private Land Appeals) ▪ IMPORTANT NOTE: Should you decide to appeal to POPLA the option to pay a discounted amount will no longer be available and the full amount of the Parking Charge will become due should you lose or withdraw your appeal

If you decide to appeal to POPLA, you will need to visit their website, www.popla.co.uk; how to appeal (either online or by downloading the relevant forms) can be located via the website. If you are unable to access their website, please call us for further information on how to obtain the forms. Please ensure that your unique number as noted above is quoted on all correspondence to POPLA. You have 28 days from the date of this letter to exercise this option. Before making your appeal, you should read the guidance notes on the website. If you appeal to POPLA we will suspend recovery activity on the Parking Charge until the appeal has been determined. By law we are also required to inform you that Ombudsman Services (www.ombudsman-services.org) provides an alternative dispute resolution service that would be competent to deal with your appeal. However, we have not chosen to participate in their alternative dispute resolution service. As such should you wish to appeal then you must do so to POPLA, as explained above. If you do not make payment or appeal, the outstanding Parking Charge will be passed to our appointed debt collection agency for further action and all costs associated with this process will be added to the amount outstanding.
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