1 minute over 2 hours and received parking fine

[AnnC]

I have received a parking fine from Highview Parking for parking in Tesco's car park for 2 hours 1 min! The limit is 2 hours. Is this serious. How do I deal with this. Any advice?

 

I believe I left just before the 2 hours expired but they are saying I went over a minute.

[citizenB]

What proof are they offering up ? Do you still have your till receipt they are timed.

[AnnC]

No because its two weeks ago.

[citizenB]

Ah.. Righto, well are they offering CCTV evidence of when you parked and when you left ?

[AnnC]

The picture shows arrive at 16:57:04 and leaving at 18:58:13. It can take a couple of minutes to pack your car and leave. I will write and object but I am assuming they will refuse the appeal. Can anyone advise what the step is after that.

[citizenB]

So what are they saying that you have to actually be OUT of the Car Park within 2 hours ?

 

You were in the car park for 2 hours 1 minute and 9 seconds.

 

Unless they timed the vehicle stationary in a parking bay for that amount of time then I don't see they can issue this ticket.

 

I am sure someone will be along soon to advise on this.

[AnnC]

It used to be 3 hours and you can see where they have stuck the number 2 over the old time.

[i hate bailiffs]

You need to write to te tesco formall complaint

Then follow the prompt when you Hover the mouse over the word ignore

[AnnC]

Thank you. I would normally have ignored it but have seen many instances now where people have been taken to Court and for 1 minute I don't want to end up there!

[havinastella]

Also it's an invoice, not a FINE!

[citizenB]

You might point out that their notices say you can "park" for 2 hours. Not that the time starts from the minute you drive onto the premises until you leave !

[AnnC]

Thanks for your help. The document calls it a Charge Notice.

[Sidewinder]

Highview normally accept appeals in cases like this. Email them and point out that you were 'parked' for less than two hours. If they wont listen dont correspond further. They wont do court as they wouldnt have a leg to stand on for the wording in their own signage would make it clear that you abided by the conditions imposed.

 

And that is without even getting into the various other grounds that would see any claim fail.

[Peterbard]

Parking is defined legally as:

 

"In legal terms parked, means the standing of a vehicle, whether it is occupied or not, otherwise than temporarily for the purpose of and while one is actually engaged in the act of loading or unloading of property or passengers."

 

Unless Tescos around where you live are different to the ones here, I very much doubt you were 'parked' for over 2 hours. I very much doubt that was the case with you. Approach the store as advised by this site. This is different to advice I have always previously given which was to appeal and then ignore, in line with most (or all?) of the specialist motorist forums.

 

I will read the outcome with great interest. Either way, I wouldn't be too concerned - I've had two of these invoices now and have not paid either. So far I've not been locked up lol!

[Crocdoc]

You need to write to te tesco formall complaint

Then follow the prompt when you Hover the mouse over the word ignore

 

I agree entirely, I think Tesco vwill drop this like a stone , on the other hand should this fail, have your picture taken outside the store by the local press stating the penalty for such a short overstay.

[Nev Met]

Email them and point out that you were 'parked' for less than two hours.

And that is without even getting into the various other grounds that would see any claim fail.

 

Do not point out that 'you' were parked because that is an admission as to who the driver was.

 

You mentioned in an earlier post 'No it was two weeks ago' - the parking company was required to serve the postal Notice on the registered keeper within 14 days (starting with the day following the alleged contravention) if they have failed then that is by far the easiest way to deal with the 'parking charge' if you google 'The Parking Prankster' you will find that Highview are his speciality and he runs (very very amusing) rings around them - my favourite is the game of Poker.

 

Let me know if the Notice was served outside the 14 days.

[ScarletPimpernel]

Doesn't the BPA Ltd's code of practice require a PPC to allow a period of grace anyway?

[ploddertom]

One thing I have noticed is that a lot of these places have had the Maximum time reduced. I would be very cynical if I thought it was done to catch more people out and increase the coffers of the PPCs. I wonder how many have actually done this by contacting the land owner or whoever they originally negotiated with!

[Tony P]

Doesn't the BPA Ltd's code of practice require a PPC to allow a period of grace anyway?

 

http://www.britishparking.co.uk/write/Documents/AOS/12_AOS_CoP_June_2013_update.pdf

 

BPA Code of Conduct (third version - they keep making it up!) -

13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action.

[Scouse Magic]

Plenty of good advice on here. In this case i dont think it matters who the driver is.

 

No judge in the land is going to entertain this one!

 

I know you no longer have your receipt but if you paid by card you can prove to the store manager that you shopped there by means of your bank statement.

 

Either way, it does not matter really as Tesco really wont want the bad publicity over this.

 

Contact the store manager and complain, he/she can get this overturned.

 

Please see my thread ' TCP send cheque and apologise'. This relates to Asda and a different parking company but similiar legal arguments.

 

Kind Regards and dont worry.

 

SM