Parking fine help please

[Darrenabram70]

Hello i wondered if you could help me. My partner and I booked a room in an mjb hotel called hill house in Dereham. Now we have received a parking fine for pulling in for 7 minutes to look at our room. We were waiting on an email for our room codes and in that email saw we had to register our car so we sat in the car doing that. Prior to seeing the email I actually had no clue we even had to register as it claimed to have "free parking" through booking.com. Anyway we did then book our car in whilst sitting in the car park for the 7 minutes we are getting fined for. We then left as was waiting on the confirmation email to park which we received but only stating we could park there the next day so therefore we couldn't park there overnight nor used our room. I want to appeal this but not sure how too
Many thanks for any help

[Amethyst]

Re: Parking fine help please

Here's the parking text [MENTION=5354]mystery1[/MENTION]


I'm sure there was a very similar case recently on here. I'll have a look.

This is the hotel ''fine print' from booking.com site

The fine print
Please note there is no reception or staff at the property. Guests will be sent a code in order to let themselves in within 1 day prior to arrival. MJB cannot give these codes out over the telephone, so please check your emails for this information. Guests will be advised of their property details once the booking has been confirmed.

As advertised, one free parking space is available to you for the duration of your stay (subject to availability). It is important that you follow this link:- www.bookmybay.com - to reserve your parking and agree to the Terms and Conditions before parking on site.

Bookmybay terms

Car Park Terms and Conditions MJB Hotels

Please read these Terms and Conditions carefully. They relate to your use of the MJB Group of Hotels parking areas and car parks

Definitions

When the following words are used in these Terms and Conditions (the “Terms”), this is what they mean:

“us”, “we” and “our” means The MJB Group of Hotels.

“CCTV” means Closed Circuit Television

“Car Park” means the parking facilities in the area and/or building managed by (or on behalf of) us and designated for parking vehicles;

“vehicle” means any vehicle used to convey passengers or items that enters the Car Park, including any mechanical device on wheels or tracks, its equipment and accessories; and

“VRM” means Vehicle Registration Mark.

Please be aware that the MJB Group parking areas and car parks are also used by paying contract permit holders. We cannot guarantee that members of the general public will not enter our Car Park and cause damage to property and/or engage in criminal activity. Accordingly, you park your vehicle in the Car Park at your own risk. We cannot and do not guarantee the security of your vehicle and/or its contents.

Claims and complaints

If your vehicle sustains damage while in the Car Park, your vehicle is stolen or any possessions are stolen from your vehicle while it is in the Car Park you should:

Call the Police and notify your insurers promptly.

Parking Contraventions

It is important for the effective management of the Car Park that:

a) You comply with all signs in the Car Park, including these Terms and conditions

b) you park within the limits of a marked bay, you do not park on any slabbed areas, patio areas or crossed hatched areas

c) you do not park within a bay designated for a specific purpose when you are not entitled to do so (for example, and without limitation, parking in a space designated for disabled persons without an appropriate disability badge displayed.

If you do not comply with these requirements you may be issued with a Parking Charge Notice, together with an additional amount representing an estimate of the additional expenses we will incur as a result of your non-compliance (including without limitation debt recovery costs) (the “Parking Charge”). Specific details about the Parking Charge payable are available in each Car Park upon the Warning Signs.

Details/information relating to how to pay the Parking Charge, deadlines for payment, what will happen if you fail to make payment within the stipulated deadline, and the appeal process will be set out on the Parking Charge Notice.

By parking your vehicle in any MJB Group Car Park or Parking Area you consent to our Car Park Contractor capturing, using and processing your VRM and personal details via CCTV for enforcement purposes, to calculate the relevant parking tariff (if applicable) and to recover any outstanding Parking Charge. This includes our right to request the details of a vehicle’s registered keeper from the DVLA.

If the Car Park and/or the equipment in the Car Park is damaged by you, your vehicle, its contents or the passengers in the vehicle then, except where the damage arises as a direct result of our negligence, we will seek to recover the cost of that repair and associated administration costs from you.

Security of your vehicle

Unless asked by a member of our staff not to do so in the case of emergency, please ensure that your vehicle is left securely locked with all windows securely closed and any vehicle alarm, steering lock or similar device fitted is engaged. We are not responsible for any consequence or loss arising from a failure by you to properly secure your vehicle.

We may install CCTV cameras in the Car Park at our discretion to assist in its proper running. We acknowledge that the cameras may act as a deterrent to criminal activity, but do not make any representation as to the coverage provided or guarantee of the security of your vehicle if CCTV is installed in the Car Park.

Possessions

Any possessions left in a vehicle are left entirely at the owner’s risk. We suggest that no items are left so that they are visible from the outside of the vehicle. We are not liable for any theft by third parties from your vehicle.

Traffic Orders and Byelaws

The use of this Car Park may be regulated by traffic orders or byelaws under which a charge may be payable for failing to comply with these Terms or the requirements of the relevant order or byelaw. In such circumstances, separate notices specifying the relevant order or byelaw will be displayed in the Car Park and we reserve the right to take enforcement action against you (including through court proceedings) for breach of such order or byelaws.

Safety in the Car Park

For safety reasons you are not entitled to remain in your vehicle in the Car Park or elsewhere in the Car Park except for the purposes of parking, loading or unloading your vehicle or removing your vehicle. Visitors to registered guests are not permitted to park or wait in vehicles on any of the MJB Groups parking areas or Car Parks.

Access and re-location of vehicles

We reserve the right to refuse the admission of any vehicle to the Car Park for any reason whatsoever.

We reserve the right to move vehicles within the Car Park using whatever method we consider appropriate (even if, as a consequence, damage is caused to your vehicle) to the extent that is reasonably necessary for the purposes of safety to persons or property, or to avoid obstruction at the Car Park.

Prohibited activities

No activity in connection with the selling, hiring or other disposal of vehicles or goods or services may be carried out in the MJB Groups of Hotels Parking Areas or Car Parks. You are not allowed to dispose of any items or drop litter in the Car Park. Please place any rubbish/litter in the bins that may be provided or take it away with you when you leave the Car Park.

You are not allowed to pour petrol, or any other fuel, into your vehicle whilst it is in the Car Park. You are also not allowed to take petrol, or any other fuel, out of your vehicle whilst it is in the Car Park.

Anti-social behaviour will not be accepted in The MJB Group of Hotel Parking Areas or Car Parks. This includes (but is not limited to) drinking alcohol, taking or dealing with illegal substances, fighting and/or loitering. Car parks are designed for the sole purpose of parking vehicles. If an individual causes a nuisance or disturbance to others it may be recorded by CCTV cameras and action may be taken against them.

You should not take photos or carry out any filming within the Car Park without our written consent.

Vehicles are not permitted to park before 4pm on the day of check in or after 10am on day of departure. Parking at any of the MJB Group of Hotels is offered at no cost for a paying guest who has correctly registered a vehicle at Bookmybay.com. One vehicle is permitted to park overnight. Guests who are sharing a room and have more than one vehicle are instructed to contact MJB 24 hours before arrival to organise payment of £15 per night per additional vehicle. All vehicles must have pre-registered their vehicle at bookmybay.com using the correct Vehicle Registration Number, Correct Booking Reference Number. You agree that until the booking has been confirmed by way of a conformation email from Bookmybay that your parking reservation is not complete or agreed. All vehicles parked at an MJB Group Hotel agree to the terms and conditions for parking which are advertised on signage throughout the parking areas or car parks. Parking is only permitted to drivers who have read, understood and agreed to the Terms and Conditions for parking at the MJB Group of Hotels. Please be aware that drivers who have parked outside of the terms and conditions on either the signage, or within this written statement, may be issued with a Parking Charge Notice. The MJB Group of Hotels do not manage any of the Parking Areas or Car Parks within the group and contract this to a Parking Company. The MJB Group of Hotels are unable to discuss issues or concerns/complaints arising from drivers parking outside of the Terms and Conditions and are unable to cancel any Parking Charge Notices issued to vehicles whilst parked on the group's private property.

[Amethyst]

Re: Parking fine help please

so therefore we couldn't park there overnight nor used our room.

Did you actually end up not staying at the hotel at all ?

[mystery1]

Re: Parking fine help please

Can you post the PCN (sanitised).

M1

[Darrenabram70]

Re: Parking fine help please

No we never ended up staying there as firstly the room was pretty awful (we actually booked 2 rooms as 1 was for my mother in law and her partner) they didn't stay either and secondly we only ended up getting permission to park there on the 8th of July only

[Darrenabram70]

Re: Parking fine help please

How do I post the pcn?

[Amethyst]

Re: Parking fine help please

You can email it to me ( admin@legalbeagles.info ) or send it to me on FB if you like xx

Have you made a formal complaint to the hotel and/or booking.com ?

[Darrenabram70]

Re: Parking fine help please

No I haven't as yet and I will get onto sending that to you shortly
Thank you

[Amethyst]

Re: Parking fine help please

Here is the PCN [MENTION=5354]mystery1[/MENTION]



17.06 to 17.13 ffs.

[mystery1]

Re: Parking fine help please

http://legalbeagles.info/forums/show...ket-on-vehicle

The driver decided not to park and left within the BPA code of practice grace period.


This is an easy win. No case as the haven't stuck to the code of practice and no keeper liability because they haven't complied with the law. Whether they give up now or lose at popla is their call.

M1

[Darrenabram70]

Re: Parking fine help please

Ok thank you for that, what would be the best course of action for me now please. All help has been very much appreciated

[Amethyst]

Re: Parking fine help please

You need to submit an appeal

Please do not pay the charge if you are going to appeal, as payment is accepted as full and final settlement and once paid an appeal will not be considered.

If you wish to appeal against a Parking Charge Notice you will need to submit your case in writing to NPE within 28 days from the date of issue. All correspondence must include your name, full postal address including postcode, PCN reference number, and your Vehicle Registration Number.


You must supply evidence as to why you were parked in contravention of the parking terms and conditions as displayed on the warning signs erected on the land. The decision to accept or reject an appeal is based on the evidence supplied. It is important you supply all the evidence to support your appeal. National Parking Enforcement Ltd will not enter into multiple appeal processes.

All Parking Charge cases are placed on hold upon receipt of a written appeal. Any driver appealing against a parking charge notice within 14 days from the date of issue will be given the opportunity to provide payment at the reduced amount in the event that their appeal is rejected. You should be aware that any driver lodging an appeal later than 14 days from the date of issue will be liable for the full amount in the event that their appeal is unsuccessful.

Appeals can be made by the following options:

Online here: http://parkingprotection.zatappeal.com/
Email: appeals @ parkingprotection.co.uk
Post: The Appeals Team, National Parking Enforcement Ltd, PO Box 244, Wymondham, NR18 8BZ

Appeal should state

Dear Sirs,

Ref: name, full postal address including postcode, PCN reference number, and your Vehicle Registration Number.

I, as registered keeper, wish to invoke your appeals procedure. The driver decided not to park and left within the BPA code of practice grace period.

I note that the notice to keeper is fundamentally flawed when compared to the protection of freedoms act 2012 schedule 4 paragraph 9.

Should you reject my appeal, please supply a popla code.

Yours sincerely

I'm not sure about the bold italic bit in there [MENTION=5354]mystery1[/MENTION] ?

[mystery1]

Re: Parking fine help please

You need to submit an appeal



Appeal should state



I'm not sure about the bold italic bit in there @mystery1 ?

:okay:

The chances of winning this are at least 99.99999999999% as long as they don't know who was driving and even then as they haven't allowed 10 minutes they'll lose.

Follow the process.

M1

[Amethyst]

Re: Parking fine help please

Yep, but should that italic bold bit in the letter stay in ?

[mystery1]

Re: Parking fine help please

The :okay: was a clue ( yes ).

M1