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Car Parking Fines

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  • Car Parking Fines

    Hi there,
    Need some advice.
    I received a car park fine for parking more than four hours whilst out shopping for Christmas presents. This was in a shopping complex where parking is free but if you park for more than three hours you receive a fine. I wasn't aware I was more than three hours until I received this fine.
    Some people are telling me not to pay because it's not issued by the council, however, I'm concerned as they are sending threatening letters etc and eventually will take me to a small claims court and the fine getting higher.
    What should I do?
    Thanks,
    Tags: None

  • #2
    Re: Car Parking Fines

    Depends on who it is, whether you can still appeal and what the signs say (and how easily seen they are).

    M1

    Comment


    • #3
      Re: Car Parking Fines

      Can park up to three hours, I was four hours and 3minutes. I don't remember ever seeing any notices. Also I didn't think I was that long. I have receipts to prove purchase made on this date and at these times. Could this help?
      I'm thinking, just pay it!

      Comment


      • #4
        Re: Car Parking Fines

        Yes receipts may help as some retailers, if a retail park, will attempt to get it cancelled if you ask them.

        Which parking company ?

        M1

        Comment


        • #5
          Re: Car Parking Fines

          Hello. Husband received a hefty £60 fine for been parked outside BP garage nearby stansted airport by a company called MET parking. We overstayed by 11 mins only and didnt see any signage. My husband is a diabetic type 1 and the reason for pulling over was because his blood sugar had dropped and obvously takes time to come up to safe level b4 driving. Is it worth appealing

          Comment


          • #6
            Re: Car Parking Fines

            Yes it is worth appealing. Luckily MET don't seem to do court, Don't identify who was driving just state that the driver required to pull over for medical reasons and as such there was a frustration of any alleged contract. The BPA, of which MET are a member, specify that there must be a minimum of 10 minutes grace to leave a parking place and also time is needed to read and understand the signs on entry. The times they have recorded are the times the car went through the cameras and are not a true reflection of the time of parking. If this is taken into account then the period of parking would be well within the 10 minutes grace period allowed.

            Post up your response to MET before you send it so that it can be critiqued.

            P.S. It's not a fine, it's a speculative invoice.

            Comment


            • #7
              Re: Car Parking Fines

              We have a similar issue having received a notice today asking for £60 if paid immediately. Notice to Registered Keeper says 'On 25/08/17 vehicle xxxxxxx entered the car park car park at (782) Stansted. Stansted. CM24 1PY at 23:39:03 and departed at 00:35:22 on 26/3:03"

              The driver saw no notice about parking at all but went onto the site and visited both the BP garage services and, having driven for several hours to get to the airport, went to M & Simply Food store to get food to eat and a coffee . Having consumed the first coffee, the driver returned and browsed round the M & S and bought food/shopping for the next day and a second cup of coffee.

              Having looked at google maps street view, We can now make out a sign about parking but this is not in a place where a driver - especially at night - would ever see it. It does not look as if the sign is illuminated and there is another sign right in front of it that means that it's not possible for a driver to see it when entering the car park. Certainly, on this occasion, the driver didn't see any sign at all !!

              If anybody has advice I'd be very grateful
              Last edited by Yoakley29; 8th September 2017, 11:49:AM.

              Comment


              • #8
                Re: Car Parking Fines

                So you don't say who was driving, at all or ever. Just refer to the driver.

                The sign is parallel to the road, unilluminated and on GSV blocked from driver's view by another sign. There are some signs further in to the site but it looks as you can move through the site without seeing the signs.

                Post up the NTK you received with identifying details deleted.

                Comment


                • #9
                  Re: Car Parking Fines

                  Thank you very much for helping with this. The driver certainly did not see any sign at all... or would not have parked there in the first place!
                  Attached Files

                  Comment


                  • #10
                    Re: Car Parking Fines

                    On that NTK is there any mention of POFA on the reverse? Perhaps put up a scan of the back for the firum.

                    At the moment it looks as though they have not complied with the requirements of POFA to hold you, the keeper, liable. Here's POFA, paragraph 9 will apply to you. All of that wording has to be on the notice.

                    But you need to edit your first post so that the identity of the driver can not be inferred. References to "the driver" is what is required.

                    A simple bogof letter to Smart to tell them they have failed to comply with POFA and cannot hold the keeper liable is probably all that will be required when you come back with the additional data.

                    Comment


                    • #11
                      Re: Car Parking Fines

                      I should have scanned the reverse of the NRK. I am attaching it now
                      Attached Files

                      Comment


                      • #12
                        Re: Car Parking Fines

                        No mention of POFA so it's a straight BOGOFF letter telling them that they have failed to conform with the requirements of POFA 2012 Schedule 4 paragraph 9 to be able to hold you, the keeper, liable for the actions of the driver at the relevant time. You will not be providing the identity of the driver as there is no legal requirement to do so and you do not expect to hear from them again other than to confirm there will be no further action.

                        Edit post#7 as it infers who was driving. The PPCs occasionally print out a forum and present it in court to show who was driving.

                        Comment


                        • #13
                          Re: Car Parking Fines

                          Thank you very much indeed Ostell. I will send the letter. If I hear anything further, I will let you know. Very grateful for your views!

                          Comment


                          • #14
                            Re: Car Parking Fines

                            Hi ... I sent a very brief response to the parking notice... 'since you have failed to conform to the requirements of POFA 2012 Schedule 4 paragraph 9, I am not liable for the actions of the driver. I will not be providing the identity of hte driver as there is no legal requirement to do so.

                            I didn't include anything about the 'invisible' parking notices. I kept it brief, as suggested.

                            This morning I received the attached document saying that they have decided to reject the appeal for hte following reasons:
                            The terms and conditions of parking are clearly stated on signs prominently displayed around this site. These include that there is a maximum permitted stay in this area of 30 minutes. You have acknowledged that your vehicle remained on site for longer than the permitted stay therefore we believe that the charge notice was issued correctly and we are upholding it.
                            This decision, which has been based on the facts of the case and takes into account our consideration of any mitigating circumstances, is our final decision.
                            You have now reached the end of our internal appeals system procedure and you now have a number of options.......'

                            I'll abbreviate the next bit! I can either pay the reduced amount or appeal to POPLA and lose my right to pay the discounted rate or, do nothing and deal with their debt recovery procedures/court

                            Perhaps I should have included my views about the inadequacy of their parking signage?

                            If anybody has any views, I'd love to hear from you
                            Thank you!

                            Comment


                            • #15
                              Re: Car Parking Fines

                              Did they provide you with a POPLA code?

                              Also, the alleged contravention occurred at night.
                              Is the signage adequately illuminated at this time?
                              The pictures posted above, taken in broad daylight, seem to show the sign fixed to the back of the lamppost, away from the direction of illumination.
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

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