Parking Charge issued for 6 minutes having not left the car or turned the engine off

[Dohho]

I do hope someone can help and thank you in advance if you can. I believe that we have been served a parking charge in error as we didn't leave the car or turn off the engine. The definition of park is...

verb

1. bring (a vehicle that one is driving) to a halt and leave it temporarily, typically in a car park or by the side of the road.
   "he parked his car outside her house"

I recently took a holiday in Cornwall with my family. Our youngest son hates being in the car, we were in Wadebridge and he was grumpy as hell. I pulled into an antique shops car park to try and calm him down. We were there for 6 minutes 25 seconds during which my wife tried to settle him. Failing to do so we left.

I have just returned home to find a 'notice to keeper (ANPR POFA)' letter from I Park Services LTD informing me that...

N.B. The PC has 2 x photos of my vehicle entering the parking area and then leaving but not of my family staying in the car.

'the driver of the vehicle is liable for a Parking Charge in the stated amount which, at the date of notice, remains unpaid in full and for which the Balance Due remains outstanding'.

'This charge relates to the period of parking specified in this correspondence, the charge having been incurred for the reason stated and liability for the same having been brought to the attention of the driver by clear signage in and around the camera controlled car park at the time of parking'

N.B. there is no clear signage 'in and around the camera controlled car park at the time of parking'. In my mind this is null and void as i didn't park!

'Payment is now due to I Park Services Limited (the creditor) the sum of £100. However, if payment is received within 14 days of this notice then a reduced amount of 360 will be accepted in full and final settlement'

'We the above named company, are the creditor. At the time of this notice we do not know both the name of the driver and a current address for service for the driver and as the registered keeper of the vehicle:

YOU ARE NOW INVITED TO

(i) Pay the unpaid Parking Charge

(ii) If you were not the driver of the vehicle, to notify us (in writing using the form attached) of the name of the driver and a current address for service for the driver AND pass this Notice on to the driver'

'Please be warned: that is, after the period of 28 days beginning with the day after that on which the Notice is given (i) the amount of the unpaid Parking Charge specified in this Notice has not been paid in full, and (ii) we do not know both the name of the driver and a current address for service for the driver, we will have the right to recover from you, so much of that Parking Charge as remains unpaid'

'This notice is deemed to have been given to you on the second working day after the Date of Sending above.'

'Please be aware that once payment has been made liability has been accepted'

IPCA logo IAS logo

[ostell]

If there were no signs then there can be no contract. Go there on Google maps and see if you xan see the signs

[Dohho]

Thank you very much ostell.

I attach photos of the existing signage. There is a sign at the entrance but this doesn't detail any conditions of parking. There are then 2 x further small signs that i can see on Google Maps which i assume include this information. These signs are certainly not 'clear' and very easily missed.

There also seems to be a lot of complaints about this parking area on the local FB page.

Given that I didn't actually get out of the car and in light of these images (and acknowledging that i shouldn't confirm myself to be the driver) is there a legal response that I can send the parking company to negate the charge?

Huge thank you in advance
close up on sign.pngunclear signage.pngEntrance to car park.png