UKPC Ashton Moss £40/80 ticket.

[Rapidone1234]

I parked at Ashton Moss yesterday across two parking bays, and found a ticket under the wiper, when I returned.

 

Your vehicle was found to be parked within an unorthorised area at "Ashton Moss" and in contravention of the parking control messures in place at the time. And then a tick in a box, "Vehicle parked outside marked bay"

 

When I parked there were about 200 empty parking bays near the car, when I returned to the car after watching the film at Cinemax, there were about 100 free bays near the car.

 

I speciffically parked well away from the poppular parking areas so as not to inconvinence anyone.

 

Whilest driving out of the carpark, I noticed the parking notice flapping under the wiper. I then drove back into the carpark after reading the ticket.

 

There is a sign saying "no parking out of designated bays" or somthing like that. I didn't notice it before parking, I only noticed when I went back to look for it. It's impossible to read while driving into the parking area. I parked near to it when I returned, and then walked to read it.

 

I then went to talk to the parking attendant and asked about appeal procedure. He asked which car was it, and I told him.

 

I have read the template letters, which suggest dening the driver was me, however the attendant has seen me and I'm the only user of the car.

 

If this was to go to court and the attendant was called as witness, he could say I admitted to being the driver.

 

How should I proceed?

 

EDIT : This is a free parking area

EDIT : Changed line five to make more clear what happened.

Edited June 15, 2009 by Rapidone1234

[Rooster-UK]

Ignore !

[diskmandave]

I parked at Ashton Moss today across two parking bays, and found a ticket under the wiper

 

When I parked there were about 200 empty parking bays near the car, when I returned to the car after watching the film at Cinemax, there were about 100 free bays near the car.

 

Sorry to state the obvious...

 

Whilst we all abhor private parking companies and the tactics they

employ, if like you admit, you parked across TWO BAYS with 200

empty spaces around you, you need to get better glasses or stop

thinking that you can park where the hell you want and leave it to

others to help you with the consequences...

 

Personally, I think you deserve to be £80 lighter in the wallet!

[Rapidone1234]

Sorry to state the obvious...

 

Whilst we all abhor private parking companies and the tactics they

employ, if like you admit, you parked across TWO BAYS with 200

empty spaces around you, you need to get better glasses or stop

thinking that you can park where the hell you want and leave it to

others to help you with the consequences...

 

Personally, I think you deserve to be £80 lighter in the wallet!

 

Why?

[Jamberson]

Is it beyond reason that they could just put a polite notice under the wiper pointing out the poor parking and requesting the driver sticks to the marked bays in future? That would be much fairer than trying to fleece someone's hard-earned wages and sticking it in some faceless company's bank account.

 

Don't pay it. There are many threads on this forum explaining the powerlessness of these companies. Have a browse.

[crem]

Sorry to state the obvious...

 

Whilst we all abhor private parking companies and the tactics they

employ, if like you admit, you parked across TWO BAYS with 200

empty spaces around you, you need to get better glasses or stop

thinking that you can park where the hell you want and leave it to

others to help you with the consequences...

 

Personally, I think you deserve to be £80 lighter in the wallet!

 

Please can you clarify why you think there can ever be any circumstances where a driver should pay a PPC £80 when the PPC has not suffered any consequencial loss?

[diskmandave]

If you park across 2 bays with 200 empty spaces around

you in a car park where enforcement measures are in place

you deserve to get stung.

 

Simple as. Park in the bay, it's a free car park.

I live in the town that the OP is complaining about

so I know the car park, it's not difficult, the car park

is clearly marked out with thick white lines.

 

It P*sses me off royally to see people who don't give

a flying sh**e where they park, or how badly for that

matter and then come crying for help when they get

penalized.

 

I'm really sorry if this comes across against the don't be

screwed assumption that we enjoy here, but there are some

cases that really don't deserve help.

 

READ THE ORIGINAL POST AGAIN!!

[lamma]

"There is a sign saying "no parking out of designated bays" or somthing like that. I didn't notice it before parking, I only noticed when I went back to look for it. It's impossible to read while driving into the parking area."

[Rapidone1234]

If I'd parked across the last two parking bays on the carpark then I wouldn't have been so upset.

 

I may only be driving a white van, but I don't want a new dent on it once in ever four or five visits to a public parking area.

 

The parking bays are too small for purpose. It only takes one strong gust of wind and the door of the next vehicle can be blown out of its bay. Or simply someone misjudging the swing of their door.

 

Using more than one bay is the only way to avoid dents. I doubt I'd have much luck trying to claim for dent repair from the car park owners.

Edited June 15, 2009 by Rapidone1234

[Repulse]

Hang on, am I reading this right. The notice said not to park outside of the designated bays, in what way was that not complied with? He was not outside of the bays. That sign means that you should not park in the access lanes (perfectly reasonable). If they wanted him to park in one bay only then they should clearly state so. Something simple like 'Park in one bay only.'

 

If it is a free carpark they have suffered no loss and therefore they are not entitled to anything. The 'penalty' is just that, but unfortunately for them penalty clauses are not allowed in this type of contract. That was firmly established in English law nearly 100 years ago.

 

Ignore them, they really are not worth the worry.

[Rapidone1234]

I will go back and note down the exact wording of the sign and post it tomorrow.

 

I certainly was not "parked within an unorthorised area", as the wording on the ticket under the wiper says.

[crem]

Once you get the wording of the sign, keep it in a dark drawer with the invoice and ignore it for ever more.

[PPC $ cambuster]

DO NOT bury your head in the sand. It will go further.

 

 

no it wont !!

 

 

Welcome back Troll we were starting to miss your "helpful advice" (AKA PPC Bullsh*t )

[crem]

I'm simply trying to counteract the commonly-held misconception that parking charges will not go to court, thus saving users alot of money in the long run.

 

The only reason that view is "commonly-held" is coz it's true.

[PPC $ cambuster]

Dear "Vanquish bad Perking"

 

Please point me to one SUCCESSFUL case that a PPC has won in court when PROPERLY defended by an informed defendent, the reason why ignoring PPC invoices is the best way to deal with their begging letters is that they have no validity in law

[Rapidone1234]

The sign reads as follows.

 

"This car park is patrolled. Failure to comply with the following may result in a £80 penalty ticket. Reducing to £40 if payed within 14 days.

 

Park your vehicle within the parking bay lines."

[lamma]

"penalty" - rubbish. and some of the worst English imaginable. True pros obviously.

[Rapidone1234]

My standard of English isn't the best, didn't I comply with the sign even though parked across two bays.

 

Wouldn't the sign have to read, "park your veihicle within the lines of a single parking bay" to make what I did incorrect?

[Repulse]

Not really, if you take a common sense view of the notice you know what they mean. What can they do? They dare not risk taking you to court in case their [problem] is blown. If they are silly enough to do it, post it on here. I can give you details of the 1915 decision (it was either Court of Appeal or House of Lords) that prohibited the use of penalty clauses in these type of contracts. County Court judges must follow the decisions of those two higher courts. Best of all tell them you are taking a local journalist along. Show the court the case and you have won.

[lamma]

House of Lords - Dunlop V New motor. You cannot contract into a private scheme of punishment (even willingly). Plus http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/164651-problems-ppcs-face.html?highlight=problems+ppc+face plus plus Tweddle - which cuts both ways don't forget, very useful for getting the landowner 'involved'. plus Results within legislation - Statute Law Database plus a there is a good list of Misrepresentation Case Law on this board http://www.consumerforums.com/resources/templates-library/56-cases/151--case-law-on-misrepresentation. There is a very long list of tools and weapons. The best weapon is silence in my opinion, but if a PPC does issue real court papers a proper defense is there if needed.

[Rapidone1234]

Thankyou, Repulse and lamma. You have helped calm my mind. I must admit I was fuming when I first read the notice from under the wiper.

 

I intend visiting the same site for the next two weekends at least. There are two more films I'd like to see. I was even condidering getting a season ticket.

 

I've been reading alot of the posts on these forums about peoples experiences with UKPC. I'm actually looking forward to sparing with the company.

 

I honestly didn't know there would be a problem before I got this ticket, and feel I have the moral high ground.

 

However, now that I'm aware, do you think I would be stupid to park over two bays again this weekend? Or should I try and provoke a court case to prove a point.

 

I've not seen a post yet mentioning a court case or an outcome.

 

Edit : how long after the alleged offense should I expect first correspondence from UKPC?

Edited June 16, 2009 by Rapidone1234

[Rooster-UK]

Vanquish Bad Parking was clamped and towed away, yesterday dinnertime.

[kiptower]

rooster I thought he "VANISHED in 60 Seconds" :rolleyes:

[Repulse]

Rapidone1234

 

It is very doubtful they will take you to court for reasons already given on this forum. However if you want to go to court there is a way of doing it. For obvious reasons I do not want to warn these companies. If you ask the forum to forward your e-mail address to me I will let you know how. But be warned, unless you are used to appearing in court, it is a daunting prospect which should not be taken lightly. I have appeared in court so many times I could not count them. Yet, every time I go to court my stomach 'turns over'. If you are going to do it, personally I would not do it with parking outside the lines. You want to keep it as simple as possible. The best would be to park were it stipulates you can only park for, say, one hour and that hour is free. Stay more than an hour and see if you get a notice. I would not pick my favorite supermarket because although they may not be able to enforce the notice they can certainly ban you from the supermarket!

[Rapidone1234]

Just one more question on this issue.

 

I'm out of the house most of the day and my very elderly mother lives with me. She can get easily upset. Is there any chance there will be phone calls to the house (I'm x-directory), or anyone calling at the door?

 

Edit : I've decided to go down the ignore all correspondence route. I've had the £40 letter, and the too late now it's £80 letter.

Edited July 4, 2009 by Rapidone1234