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Found 19 results

  1. Im preparing a defence for a similar case at the minute. Could you explain how i could use the signage argument in my defence pls. Thanks!
  2. Hi, Appreciate any advice with the following please. Driving from Kent to Tyneside stopped at Leicester Forest East at 6pm had a coffee fell asleep and left at 9pm. It was dark so no recollection of any signage being displayed. I have now received the first letter asking for £100 but discounted to £60 if I pay within 14 days. I feel miffed as it was late and I was as tired and the car park was empty. What is the best couse of action? I fear that making an appeal to PE will just be rejected or should I just ignore the enevitable PE threatening letters which will follow. Regards Brassica
  3. Hi - I was caught by an ANPR overstaying by an hour and a half at Lidl, Hayes. I was a customer in the store that evening and have proof of payment of purchases that did take a long time (kids winter wear in the aisle of shame...) but did subsequently overstay beyond that. Details are below. Is it worth appealing to Lidl on this one or do I have to suck it up as it was such a substantial amount of time overstayed? Thank you very much 1 Date of the infringement 29.11 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 3.12 3 Date received ? 6.12 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] NO 5 Is there any photographic evidence of the event? YES - ANPR 6 Have you appealed? {y/n?] post up your appeal] NO Have you had a response? [Y/N?] 7 Who is the parking company? ATHENA 8. Where exactly Lidl, Hayes For either option, does it say which appeals body they operate under. Letter says IPC
  4. Hi, first post for a few years on here under a new user name so how I'm doing this right! Husband received a PCN from CE Ltd. He met a friend for KFC, they got chatting, lots to catch up on and he overstayed by 18 mins. He won't have paid any attention to any signage but he was genuinely a customer. Does he have any grounds to contest this as he was actually using the carpark as a customer or do we need to suck it up :/ Thanks in advance
  5. I paid for 2hr and went over by 30 mins, do these parking charge notices to keeper have to be paid. What are the options What are the chances of it going to court and then debt collectors. 1) Date of Incident. 28/10/2018 2) Date of them sending NTK 09/11/2018 3) Date recieved 12/11/2018 4) Does the NTK mention schedule 4 of the protection of freedom act 2012 No 5) photographic evidence Pictures of front and rear date and times 6) Have i appealed No 7) Who is the parking company NCP. 8) where East laithe gate, Doncaster. Appeals body BPA
  6. 1 Date of the infringement 02/09/2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 10/10/2018 3 Date received 15/10/2018 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? No 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? No Have you had a response? N/A 7 Who is the parking company? Smart Parking LTD 8. Where exactly? Western Car Park , Rye 20181015162054849.pdf
  7. Good evening everyone, A friend and I met up at the costa on the A40 in Greenford a few weeks ago, and we stayed there working on something for about 2 hours. A couple of weeks later he gets a PCN in the post, and I don't. Attached is what they sent him, apparently the max stay time is 90 minutes. Which is utterly ridiculous.. what if someone wants to sit in costa to revise, or work on something? These private parking companies do not have people's interests in mind and institute these ridiculous rules, and the business owners are utter clowns for allowing them to do so. Please advise, thanks! G24 Parking Charge R.pdf
  8. Good evening, My first post here ... 1 Date of the infringement 20/06/2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 16/07/2018 reminder - never received any previous notices 3 Date received 18/07/2018 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] Y 5 Is there any photographic evidence of the event? Y 6 Have you appealed? {y/n?] post up your appeal] Y (...) 19/07/2018 09:35:22 There was a traffic light failure on the exit of car park and I was stuck in the car park for more than 90 minutes trying to leave the premises after some shopping at B&Q which lead to overstay. The letter dated 16/07/2018 is the first I have received regarding the case. (...) Have you had a response? [Y/N?] post it up Y (...) Thank you for your correspondence relating to your Parking Charge Notice (PCN). ....... The PCN was issued and the signage is displayed in compliance with The British Parking Association’s Approved Operator Scheme Code of Practice and all relevant laws and regulations. Clear signs at the entrance of this site and throughout inform drivers of the 4 hours maximum stay at this site, and it is the driver’s responsibility to ensure that they allow enough time to remove their vehicle from the premises within this time limit. The fact that you were unaware of the restrictions that are in place is not considered a mitigating circumstance for appeal. In light of this, on this occasion, your representations have been carefully considered and rejected. We can confirm that we will hold the charge at the current rate of £100.00 for a further 14 days from the date of this correspondence. ---------- You have now reached the end of our internal appeals procedure. Although we have now rejected your appeal, you may still have recourse to appeal to Parking On Private Land Appeals (POPLA), an independent appeals service. An appeal to POPLA must be made within 28 days of the date of this letter. POPLA will only consider cases on the grounds that the Parking Charge exceeded the appropriate amount, that the vehicle was not improperly parked or had been stolen, or that you were otherwise not liable for the Parking Charge. To appeal to POPLA, please go to their website and follow the instructions. If you would rather deal with this matter by post, please contact our Appeals Office and we will send you the necessary paperwork. Your POPLA reference number is:xxxxx (...) 7 Who is the parking company? Highview Parking 8. Where exactly [carpark name and town] Crownhill Reatil Park - Plymouth Is there any chance for a succesful appeal? Thanks
  9. Hi all, I'm trying resolve this issue with PCN I have received recently from Athena ANPR Ltd for overstay at Lidl. The overstay was 14 min. 35 sec. Arrived at 09:43:43 and left 11:28:18 = duration 1:44:35 Shops opens from 10AM Sunday. Short story, it was Sunday just before 10AM and I saw ppl outside Lidl so I thought it might be open. Parked my car and there was just a queue in front of Lidl..., so went for a walk, as this was my first stay in Mablethorpe. Off course I did forget to take my swimming shorts with me, so spend bit longer in Lidl, looking for shorts. Few days later got this PCN. I think this isn't fair as if you look at the time the shop opens and the time I have left the parking is just within 90 minutes. Normally I don't spend this much time inside the shop. Do you think I have a chance to get this PCN canceled ? Just want anyone's thoughts before I do appeal. 1 Date of the infringement 01/07/2018 2 Date on the NTK 04/07/2018 3 Date received 07/07/2018 4 Is there any photographic evidence of the event? Yes. Driver and occupants not visible though. 6 Have you appealed? {y/n?] post up your appeal] No. Here's the question: do I have to appeal to Athena and Lidl ? and what would be the best way to appeal, by post or email ? Also is there a template how to appeal, this will be my first time. Do I have to write my story or just complain how unfair they threat the customers ? 7 Who is the parking company? Athena Parking 8. Where exactly [carpark name and town] LIDL Mablethorpe - High Street, Mablethorpe LN12 1EH Appeals Body says the IPC. The occupants of the vehicle did shop in LIDL on the said day. Thanks for any help
  10. Hi, Just looking for some advice please. I recently went to a small local supermarket and had not realised that there was a time limit on the parking session. There are various signs up but the main entrance sign says "car park for shop users" - see signs for details, I assumed the car park was for users of the car park and that there was no time limit. Unfortunately the time limits were displayed on the other signs up in the car park. I just got a letter with a parking notice, as I was 14 minutes longer that allowed. The reason I took long was my child was feeling ill and then fell asleep in the car I stayed in the car with her until she woke up and I then went shopping in Asda. I paid cash on the day. Just wondering if I should pay the reduced rate or if I should try appealing. I don't think I have a leg to stand on I honestly did not see there was a time limit. Any suggestions? Thanks, Chris pparkingeye.bmp
  11. I have read through a number of posts to try and assertain my position in respect to a recent Parking Charge Notice issued to me for overstaying in a Aldi car park for 10 mins. The vehicle parked in a space at the Aldi supermarket. Signs state that the maximum FREE parking time is one and half hours, the stay according to PE was 1hrs 40 mins. There wasn't any machine to extend the stay at the car park. I got my Parking charge notice through post i have overstayed for 10 mins, can you please advice. Thanks & Regards Krish
  12. I was at a privately owned retail car park a few weeks ago in the evening and overstayed by 10 minutes . Firstly, I am not the registered keeper; it is my mother's car. She had sent me out for a Mcdonalds for her and we ended up having an argument over the phone. I stayed in the car park for a while before going home so we could both calm down. My mother has schizophrenia so she can be VERY difficult to deal with and very irrational and demanding, hence why I didn't want to go home. Result is, I overstayed in the car park by a whole 10 minutes and 14 seconds. This particular car park gives you one hour free parking, after which you have to pay £2 for an additional hour if you wish to stay longer. Today my mother received a parking charge notice from Parking Eye for £100, reduced to £60 if paid by 8/11/2016. This is two days before I get my wages so I can't afford to pay anything until the 10/11/2016 when I get paid, I will be liable for the full charge. It's in her name though and they state they don't know who the driver is. They say not to name the driver in the template appeal letter I found but I don't want them dragging my mother to court or sending her letters as she's ill and disabled and can't cope with stress without becoming ill. But I feel that a £100, or even a £60 charge is excessive for 10 minutes. A whole hour would have only cost me £2 had I had the frame of mind to remember to buy a ticket/realise how long I'd been there. I can't afford to pay such a high charge and I don't at all believe the landowner lost this much money by me being there for 10 minutes. My question is, can I appeal this on excessive charges claims? I've done some research of my own about this but I've read a court case where Parking Eye successfully won after taking someone to court because the car park this person was issued a parking charge for had a 1 hour free stay. The judge ruled something about the landowner not making a profit in any other way from their car park and hence the charge was considered commercially justifiable and the person had to pay the parking charge. I don't want to be dragged to court for £100 and potentially have other charges added on top of a heap load of stress put on me. I have my own mental health issues (depression/anxiety) so I can't cope with Any advice? I really can't afford £100 for a 10 minute over stay.
  13. Can someone please give me some advice on what to do next? I parked in a Parking Eye carpark and paid the appropriate fee. I left before my time was up. I then received a fine and it appears I only entered half my car number rather than the full one. It's a small carpark so it's perfectly obvious that no one else parked there with that combination of letters at those exact times. I've since checked and there IS a sign (set very high above normal eye level when using the machine) saying that I should enter the full number, but it's not a carpark I've used before so I didn't notice. I appealed to Parking Eye who offered to reduce the fee to £20, then I appealed to POPLA and this has been turned down. Could someone suggest my next move. Should I just pay up - the fee is now in full again? It seems so unfair as I paid for the time I was there and they aren't suggesting otherwise. Can someone really "fine" me in some enforceable way for not entering my car number properly?
  14. Hi CAG people. There's a shared free car park for Costco and ToysRus at 30 Waterloo Rd, Liverpool L3 7HY allegedly, the driver of my vehicle parked there for longer than the 3 hours allowed. (by 19 minutes). S&K Car PArk Management have sent a PCN for £78.00 and have demanded payment, or to know who the driver was. I thought the action to take was - do nothing, ignore this speculative invoice, however reading more recent sticky posts, has that advice changed to "respond to them" ? it states, Parking Charge Notice to Registered Keeper, and if I do not provide the drivers details they can recover the charges and additional costs via a debt collector under section 4 of the Protection of Freedoms act 2012. can anybody please guide me ? thanks
  15. My partner received a letter from Care Parking saying that her car had been parked at Parliament retail park, Lancaster, and that it had overstayed the permitted 2 hours. She sent the requisite response, acknowledging being the keeper etc, She has received their rejection with a POPLA code. Can you please give us the advice as to what to do next?
  16. This is POPLA's decision http://static.consumeractiongroup.co.uk/forum/images/smilies/mad2.gif I think I should just let it go to court and cite the Equality Act 2010 and reasonable adjustments but your advice and comments would be helpful The Operator issued parking charge notice number ....... arising out of the presence at Asda, on 12 May 2015, of a vehicle with registration mark ....... for exceeding the maximum permitted stay of 2 hours. It is the Operator’s case that the Appellant parked their vehicle at the site in excess of the maximum permitted stay of 2 hours and this was a breach of the terms and conditions of parking as set out on signage at the site. It is the Appellant’s case that they overstayed as they were shopping with their 16 year old brother who is autistic and suffers from a muscular syndrome, which makes it difficult for him to walk and he therefore requires regular breaks. The Appellant states that the landowner has informed them that it is their policy to cancel parking charge notices issued in circumstances such as these. I note the Appellant’s submissions, however, these amount to mitigation. The Assessor is only able to decide an appeal by making findings of fact on the basis of the evidence produced by the parties and applying relevant law. As in the statutory schemes, the Assessor has no power to consider mitigating circumstances of any description. This discretion rests solely with the Operator who issued the parking charge notice. Having reviewed the evidence, I am satisfied that the terms and conditions of parking were clear on a number of signs at the site and would have been visible to the Appellant. The signs made it clear that the site has a maximum permitted stay of 2 hours. I find that the Appellant breached the terms and conditions of parking by parking at the site in excess of 2 hours. The onus is on the Appellant to ensure compliance with the terms and conditions of parking as set out on signage at the site and on this occasion, they did not do so. Accordingly, this appeal must be refused.
  17. My daughter overstayed her time in a car park as she was shopping with her autistic brother and has recieved a pcn which I appealed and sent in a copy of his blue badge. The parking company SmartParking have turned down the appeal and advise I go to Popla but I feel that this as with the parking company would be simply a waste of time having read other threads and wondered if I should contact the supermarket and complain or just let it go to court cite the Equality Act 2010 and reasonable adjustments. The car park was free with a two hour time limit. Any advice gratefully received, I know normally the advice is to ignore but wondred if the recent court case has changed this advice. Thanks in advance Sean
  18. Hi, I today received a parking charge from Parking Eye for staying 2h11m in a 2h max stay car park. The charge is £100, reduced to £60 if paid within 14 days. Is this enforceable? It seems ridiculous than anyone can charge that amount for an 11 minutes. Copy of PCN attached. Thanks in advance.
  19. Hi I recently parked in Southport and paid for two hours. I was with my four-year-old and we had a bit of an "accident" so I had to find somewhere to sort him out. I realised the parking was due to expire and we were quite a way from our vehicle, so we caught a bus down the road to get there in time. We arrived just as a parking attendant was finishing sticking a PCN to the windscreen. We were exactly ten minutes over time on a 2 hour ticket. The PCN showed it was observed from five minutes after the expiry until ten minutes after. When I spoke to the attendant he was sympathetic, and said to appeal and he'd acknowledge I had my son with me. I made an informal appeal which was rejected. It didn't even look as if they'd considered any mitigating circumstances, merely that process was followed. Miserable b*****s. The "discount" period for paying £25 (50% of the £50 "fee") was extended by 14 days, but I decided to wait for NTO. I've got the NTO (attached below). Sorry for the quality of this and the PCN as I don't currently have access to a scanner. As a veteran of several other tickets in other places, I can't see any of the usual PCN/NTO faults re: dates and times etc, so I went back to Southport to look at signage etc. I have attached various photos. The parking bays extend along a street. Each end is delineated by a single dashed line. There are several speed humps, across which the bay markings extend, but which have yellow lines on. The only signeage consists of a few small "pay and display/pay at machine" signs which are very widely spaced. There are times for which parking must be paid, but these are only shown on the ticket machine, in small letters. There is no reference to a parking zone, either on the machines or on signs, and I've never seen any zone start/end signs. Please can anyone help with this? I plan to track down the relevant TMOs for the area, but haven't had time yet. I'm particularly interested in whether members consider the bay end and speed hump markings to be valid. Comments welcome Thanks Weirdbeard
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