Back in the mid 2000's I parked my circus tour bus and trailer across about 8 parking spaces in a pretty big and empty council carpark while trying to find out where I needed to go to set up for a show I had been booked for. Was only gone 15 minutes at most to come back to 8 parking tickets, yes 8. I just moved to where I was ment to be, did the days work and forgot about it. A couple of months later I get a letter saying I owed a lot of money in fines but as I had not paid them they got a court date and wanted me there. Well it was 300 miles away, the car park I got the tickets was owned and ran by the local council, the same council that had booked me for the event. There was a lot of letters / emails going back and forth for a few months as I argued with them about what a farce it all was and how I not be paying 8 tickets and any extra charges, the court date was postponed and then out of the blue I got a phone call from the Police Chief Inspector for that area, he had been told about all this and he called me because I had taught him, his wife and his kids how to juggle and spin plates and other stuff stuff at that very event and thanked me as they had a great time. He then sorted it for me, pointing out how stupid the whole thing was and that they wanted me back the next year, I went back for the next 11. Sorry this is such a long one 🤣
@@jiggli-Jane Only because he had made the chief plod happy & he was able to pull some strings . Otherwise they would of took him to the cleaners & done him up like a kipper .
I have successfully challenged two of these because the postcode they quoted for the car park was in fact a different (nearby) street. Check every little detail, because they are lazy, and car parks don't always have a postcode.
We still have different rules in Scotland, although this legislation is being changed. In Scotland they must pursue the driver not the registered keeper, they first must prove who was driving, as it’s civil you are under no obligation to provide that information.
I think it's important to not call these fines even though most people do. The reason for this is that if enough people call them charges then that will elicit a different mind set which will mean more people will challenge. Just a thought ... if I were to put a sign on my car which says that any PCNs attached to this car will attract a fee of, say, £200 and that by issuing a PCN you have agreed to the terms, isn't this using the law in the same way as the parking companies?
I've fallen victim to this on a few occasions & each time I won, because I was legally parked & where I park my car, is also covered by my homes CCTV. The first few times I was given a notice, claiming I was illegally parked. But was clearly legally parked & the ticket issuer ignored the new single yellow line end markings & decided to use the old one that was no longer used, because they decided to allow a few cars to park on that road outside my home. The 4th & 5th time, I caught the same officer issue me a ticket, photograph it & then remove it from my car. I only knew because I got a letter in the post. I checked my CCTV & discovered what he did. I provided this evidence & my penalty was dismissed. And the sad thing is, the same idiot is still issuing tickets & still has his job, despite the letter I received after each successful appeal, the officer in question would receive further training to prevent this from happening. Which I'm starting to think is a load of tosh.
That sounds like a Penalty Charge Notice for parking on the public road. This video is about a Parking Charge Notice for parking on private land, which is altogether different.
If he does that a couple more times you might have a case to sue for harassment. With a restraining order prohibiting him from going within 200m of your house, you should be safe for a while....
A common scam by these parking cowboys is making it impossible to pay to park. Either the payment machine isn’t working, or paying via your phone is blocked by the company. Issuing a fine, is far more profitable than the actual parking fee.
Yes.This happened to myself and wife with a company called "Park With Ease".Their machines as they admitted only took card payments but we didnt know that untill we went to pay to leave and only had cash.The venue was The Enginutey Centre in Ironbridge in shropshire.Their subsequent appeal service was via a company of a very similar post code that you had to pay for and sigh accepting a contract and and any monies due despite us offering to pay the £2.00 we tried to pay.It was last at £130.00 via a debt collection agency who passed the whole thing back to them with more threats.They all refused our offer of paying the £2.00 initial parking we couldnt pay because we only had cash! Never had a parking ticket in my entire life.
@@glennpowell3444 I get it sometimes you haven't got your wallet and card a rarity not to have a card at all. Strange. But be aware my son failed to pay £2 for parking it went through the motions ignored it all until he wanted a loan he had a county court judgement on him he owed £500 and cost him another to remove the CCJ ... Ouch! They tend to have the law on their side no matter how you see it
@@laceandwhisky Its clearly a gravy train and curious our MPs allow them to continue scamming people and even give them access to DVLA records! ....Not hard to draw a conclusion as to why.
Had an interesting one last week. I needed to load my van - rather than park on the double yellows (doing so would still leave two clear lanes for other traffic, but if the option to leave the carriageway entirely clear is there, out of consideration for others I will take it.) I stopped with the wheels straddling the verge with the wheels each side of the grass. Traffic enforcement officer comes along and says to move since parking on the verge was illegal as it damages the grass (the same grass that the wheels were not on) rather than argue, I moved to where I could legally park on the double yellows for loading since there were still two clear lanes for other traffic. He then insisted that I moved to a paid parking space down tue road away from where I needed to load the van. I suggested that it was legal for me to park for 20 minutes while I was loading the van, and he cited that I was obstructing the road if an ambulance needed to come through so it didn't apply. I pointed out that where he had told me to move to reduced the available space far more and there was the space of two clear lanes where I was over and above the space taken by the van; where he wanted me to go to narrowed that to one - I then told my mate 'don't worry, about him, twats like him would have fitted well into the Kraft Durch Freude program'. We moved for the sake of avoiding further conflict. The guy then got into another beef within a minute. Some had pulled up into a parking space and walked directly to a front door - so Enforcement Occifer 455 checks for permit, doesn't find one, and starts writing a ticket. The fella comes back and explains he is a volunteer dropping off prescriptions to an elderly lady in the house and will be a minute at most. Napoleon Syndrome syndrome kicks in and EO455 says that the fella can appeal but he's doing the ticket At this stage the guy threatens to punch his lights out, so I step in and place myself between them, telling the fella "Look, just do the paperwork and make a complaint, punching him might feel good now but it will open a whole world of shit for you later - it's not the way to go!" So I calm things down, meanwhile the little prick has scuttled across the road and is busily checking other cars. He didn't have the balls to come back, or the politeness to say thank you me for stepping in. Sorry for the long read, but a complaint is going in to Southend council about him. His decision-making has fundamental flaws, and he went out of his way to create conflict instead of acting reasonably, and misapplied the law in order to make himself 'right' when challenged on it.
Surely the company would be in breach of contract by failing to provide the thing they are charging you for, eg. if there was no parking or if I was unable to find any. It should be on the company to prove that I parked my car in the car park for the 10 minutes between entry and exit. A suitable analogy would be going to an all-you-can-eat buffet, being told that they ran out of food, and then still charging you for the service because you have entered the place.
3 years ago i received a parking charge notice for staying to long in a petrol service station. I wasn't aware of a 30 minute time limit which i considered outrageous seeing as there was a sit in subway and a car wash. I refused to pay and it was passed on to a debt recovery service and i received a letter with an escalated fee of £160. I replied to the letter by saying if they send me any more correspondence to this then they are entering into a contract with me and agree to pay me £160. I received another letter from them for £160 to which i replied that they have now entered into an agreed contract with me and i now await a cheque for £160. They never got back to me and i haven't heard back from them since. That was over two and a half years ago
Maybe you didn't hear from them because the £160 you wanted cancelled out their £160. They probably used your £160 to pay your fine . Keeps the paperwork straight 🤣😂
I just got one through the post the other day after parking at the hospital. I was literally there to train for work (NHS). Parkingeye love to make it difficult to get into contact with... I didn't even see a single sign saying it was permit/authorised parking only.
Presumably if the penalty charge goes to civil court any CCTV of the incident (car entering /leaving etc) has to be turned over to the defendant under the rules of disclosure? Could be relevant if the vehicle drove in and out as there was no where to park?
On the site I work on there have been many PCN cancelled because people are there to shop even if it’s just buying a can of pop as long as you have proof ie the receipt the landlord cancels the fine because you’re been shopping on the site. Something to do with the fine print. That’s just the site I work on I don’t know about any others.
I’m currently in dispute with a private (Offshore) company that collects parking charges at a major UK airport. I was trying to locate my paid-in-advance parking at the same site but with a different contractor and inadvertently drove through the drop-off Zone. There was no way out other than to drive straight through and out the other side. There are signs over the lane, saying that a charge of £5 will be applied for using the drop off zone, and will be triggered by entering the lane. I appealed the PCN and they said that as I entered the zone, I had accepted their terms and conditions. My response, is that had I intended to enter into a contract with them, I may well have accessed their T&C on their website, however my contract was with a different company and so I had no reason to know there would be a charge, even if I didn’t drop anyone off, or even stop. I believe contract terms have to be available prior to entering the lane, in this case, and (obviously, as I can’t read while driving) need to be somewhere I can stop and read them. Something like this is, I believe a grossly unfair contract term, and they are trying to enforce a contract on me which I have never accepted or intended to accept. I will advise you of the outcome, as this is currently with the parking Ombudsman and we will see what they say.
I do know of an example of somebody using the Data Protection Act 1998 to challenge such a charge. That Act has now been replaced by the Data Protectioin Act 2018 but the same challenge should work. The situation was that the driver visited in the morning, left and then returned some hours later. They then received a notice for overstaying - so they submitted a Subject Access Request demanding ALL personal data relating to them and their carfor the day in question making clear why they were doing so. The matter was settled by the business issuing the charge withdrawing it and the driver withdrawing the SAR.
If it went to civil court, I am presuming that under the rules of disclosure you could ask for the videos of your first exit and subsequent re-entry. If the plaintiff refused to do this, then your case could get struck out.
There is one famous private car park on the coast where drivers are given 10 minutes to put in their car details at a machine. As the ticket queues are often longer than 10 minutes they then get an unpleasant letter in the post due to a ANPR camera that monitors the entrance.
One of the most devious public bodies for issuing is parking tickets is TFL… they will slap a ticket on your car while you are not looking and hope that you won’t contest it… I always take photos if I leave my car somewhere for a few days.. and always contest any ticket. It’s a long winded process but I have had 9 out ten tickets cancelled because I had photo evidence..one ticket I received in the post 9 months after the incident. I had to get a court order to have the £250 reduced to the standard £65 … I had turned left into a road when only oncoming traffic could turn into it.. crazy traffic planning in Battersea..It turned out that the No Left turn sign was on a post two roads earlier 😏
I got a parking eye charge (after the court case) and I wrote back and stated that if they could take me as entering the car park as me being in agreement with the terms, then by writing to me I would take it that they accepted my terms of correspondence and I would charge them £50 per letter that I had to write in regard to this matter. Their legal department wrote back stating they would not accept my terms of communication and would challenge my implied acceptance and charges in court and would win, I wrote back and asked how confident they were since their own court case stated that these types of conditions were acceptable. They wrote back to say the parking charge notice had been cancelled.
I've seen a lot of charges overturned, especially in the Digbeth/Deritend area of Birmingham where there are a lot of 'car parks' that are essentially just a muddy bit of land between some buildings which were probably a loading yard for a business that used to operate from one of the buildings or even the building that used to be there fell/burned down so someone just flattened the ground and started charging for parking. Most common reason is that the company that operates the car park doesn't do maintenance so the signs with the terms are overgrown with weeds. Another maintenance issue is the machines supposed to issue tickets either run out of tickets to issue or break down, as in take your money and either don't issue a ticket or don't print the time on the ticket so you land up with just a blank ticket, a particular problem when you are parking in the evening or at the weekend and the phone number rings out in what is presumably an empty office. A lot of people remain parked as in their minds they have paid for the parking, but the parking management company take the view that as they are not displaying a properly printed ticket they are in breach.
High court judges are obviously too well paid if they think £85 is proportionate; it really is a penalty charge. Presumably the parking charge in question was £5 - £10. If I buy something for £100 with a cheque, and it bounces, should the supplying firm be allowed to charge £850 - £1700 for breach of contract, if they put it in their terms and conditions?
In the US, the Cities (as parking fine in a local matter, not State or Federal (typically)) payment of any fine is NOT appealable/challengeable as a payment is a guilty plea....though penalties can still accrue for non-payment if challenged as the court date is weeks or months after the initial 'pay by' date. Since governments now contracts our enforcement with a guaranteed minimum payment and incentives for certain KPIs, even dismissal of the citation does NOT alleviate the party receiving the citation of liability to the private entity. Truly a legal processing system and not a justice system is the US and seems to be spreading overseas.
Can you comment on the difference between the law in E&W to Scotland? Particularly towards that in Scotland the vehicle keeper cannot be held responsible for the driver’s ‘breech of contract’. Therefore, unless the driver is identified to the parking company, the charge is much more difficult to enforce.
In Scotland the parking company needs to identify the other party to the contract in their submission to the Small Claims Court, and that "other party" will always be the driver who parked the car. It follows therefore that if they cannot identify that person they cannot pursue a case in court. Simple. The moral of that is that never ever admit to having been the driver else they have got you by the short and curlies. In practice, you can either ignore their claim letter and you'll probably not hear from them again; or respond by advising them that you are unable to name the driver and, as they have absolutely no legal means of forcing you to do so, again that's the last you'll hear about it.
A new common situation, which I have fallen foul of, is ev drivers needing to charge their cars, but having to queue. On 2712/22 i was in Welcome Break, motorway services Gretna Green with low battery, found myself at the back of a long queue and had to wait over an hour to access a charger. Total stay was 2 hours 17 minutes. Parking Eye have issued a £100 charge. I was unaware of of 2 hour limit and did not see any signage to this effect.
Daughter did this with parking charge in Cornwall this summer and used your video to email them info, the letter even said was there 10 minutes, they dropped the charge!
( Note: These signs and charge for parking must be recent as I have been to the place 8 months prior) I have just got a parking charge notice from parking eye. it was a minor injuries unit and I did not pay any interest to any signs as my wife had a fall and was in pain...BUT the member of staff did say the machine was broken so you could not pay for parking.. But these people felt the need to issue a fine, I called the minor injuries unit and they have cancelled the fine.
If a contract can be formed by carrying out an action, can you write to the car parking company and state that by reading the letter, another contract has been formed?
I had a case where the payment machine was open by an engineer (I assume he was emptying or repairing it). I didn't park but sat in my car a little way from the machine I didn't read any notices or even notice if there were any as I had intended to buy a ticket and intended looking at the terms when buying a ticket. After 10 minutes, I became frustrated and drove off. I then received a PCN for overstaying the 10 mins grace period by 1m40secs. I appealed this but didn't receive a response. I then contacted the company again asking if my appeal had been successful to which I received a response saying it hadn't and that I had missed the time allowed to appeal to POPLA. I then complained to the company that they were denying me the right to go to independent arbitration. Eventually after a few threatening letters of escalating charges and court action, their nonsense stopped and now I haven't heard anything for at least 6 months.
These parking companies are starting to work against best interest of the businesses located at the shopping areas. I was in Swansea in August and the local shopping/entertainment/restaurant centre car park's notices said that the max stay will be changing from 3h to 2h, which I think will hit the businesses. I thought the 3h were spot on - you could go for 1h of entertainment (e.g. trampoline park) and then 1h to relax and grab something to eat, and maybe a bit of food shopping. We would spend 2.5h there on average. Now people won't be able to do that. There will be time to only do one thing, go to one business, or rush and be looking at the watch ones your 1;45h is up. Bad customer experience. Lets say you want to go to the trampoline park for 2h, you can't now, with getting in and out it will take 2h 15 min. I don't understand why the companies located there would agree to this change.
What if you are ill? Before the change in the law i was driving on a motorway and felt very ill with flu-like symptoms so I stopped at a service station and spent around 4 hours just sitting in the restaurant until I felt well enough to drive. I was so unwell I didnt even try to read the signs. Of course I got a PCN. My appeal was not accepted. On advice on the Internet (before the law changed) I refused to pay (I wrote to them to tell them why and said Id be happy to argue in court about it). I got some snotty letters which I ignored (having told them in writing that I would) and after that I heard nothing further. I do think that managing motorway services in this way is not ethically sound because on a service station there is no choice, there’s nowhere else you can go to park.
Thanks for this video, just confirmed what I thought. I recently parked in a shopping center car park for over 2 hours and got a fine, the next time I visited the shop I looked around for the signs and found that there are quite a few of them and that they are clearly written explaining the terms, looks like I will have to pay this one. As said though your video did help determining as to weather I should pay or not. Another thing you mentioned was you may have an argument if the signs are not clear, a while back I parked in my Dr's car park and got a ticket, turns out you should input your vehicle reg into a machine in the surgery if you wish to use the car park. Having received the ticket I went back to the car park to look for the sign explaining the procedure, I found one not far from the entrance but at the back of some of the bay's, it was also half covered by a tree's branches and leaves. I argued that I was unwell hence visiting the Dr and that looking for a single sign was not something I was able to do in that current state, that there were no signs within the surgery, they cancelled the ticket. Since then they have placed more notices around the car park.
Interestingly this only applies to England and Wales I believe. Here in Scotland you can use these charge letters for their true purpose. Toilet paper. I’ve had dozens over the years, all ignored with no consequences
Would like to see an episode on software licence agreements. Everyone knows no one reads them, except perhaps a few organisations (EFF for example) who have an interest in holding the companies to account, and are probably biased against the companies, so not a fair view either. They can run into 10s of pages of legal jargon that no one understands, and at the end of the day consumers have no option to negotiate their own terms, it is take it or leave it... including when companies make changes.
The companies are not really learning that fast. There's still a ton of car parks with inadequate signage. At my local Tesco I can easily enter the car park and park without passing a single sign. It really shouldn't be hard for them to send POFA-compliant notices and yet many of them still fail to do so.
I got a parking penalty in a motorway service station charge for £60 on Jan 1st 2024. For staying longer than the two hours. I was stuck there because my car had developed a fault and would not have been safe or legal to take onto the road. I put in an appeal which was ignored. This has now escalated to £170 With threats of court and balifs. They would not except my reason for the over stay due to the RAC taking over two hours to get to me. I have recently revisited the service station to take photo and video evidence to support my case. I found that when I revisited the service station the entrance road had a large sign with the parking terms and conditions. Problem was it was sideways on with another advertising sign blocking the view of it. You would have to park your car and go back to read the sign and decide if you wanted to except the terms and conditions !!!! I called into the service station to see if they had the part I needed but they didn't I drove on to the fuel station that was not next to the service station but down a road leading back onto the motorway.They also didn't have the part. There were no signs or marked parking bays there so I wrongly assumed that the rules didn't apply there. What are you supposed to do if you drive straight to the fuel station and your car develops a fault and you have to wait over the two hours to get it fixed...
A 'blue-badge' member of hospital staff parked in an ordinary bay because the blue-badge bays were full. She received a penalty charge for not buying a parking ticket (blue badge holders park for free). Except the signage was clear 'blue-badge holders park for free' with no reference to this only applying to blue-badge bays. As a consequence, she was going to challenge the penalty charge. As a visitor to the hospital, I never did learn the outcome.
If the signage doesn't state you have to be in a disabled parking bay to qualify for free parking then she hasn't broken the terms and thus she would win. I use disabled bays all the time and always check what the sign says about free parking and make sure it states it's free with no requirement of where you can park as the disabled bays are quite often full. Ironically full with cars not displaying blue badges with no penalty charge in sight!
@@CraigNiel - I encountered the member of hospital staff as I waited at the reception (she was challenging it with colleagues). Went outside and checked the signage, which simply stated blue-badge parking was free with no qualifications as to where you had to park to qualify. Although in hospital grounds parking had been contracted out to the Borough Council.
With respect to the car parks with barriers, what happens if you take the ticket, go in and find there are no spaces? Or that there a few spaces but your car doesn't fit in them cos other people have parked too close to the lines. They are then not able to fulfill their contractual obligations, so why should you pay?
A couple of points... I defended a case recently where an un-named driver took my wife's car, parked in a new private permit zone, and the parking enforcement company sent her a Parking Charge Notice. After lots of back and forth, they ended up issuing legal proceedings. I contested the claim on the grounds that the driver cannot bring the vehicle keeper into a contract that they are party to (i.e. between the parking company and the driver - as that's what it says on the Ts and C's) without the keeper's express agreement and consent. No one can place a contract on another person without their explicit written consent and acceptance of the terms of the contract. Even though the PoF 2012 states that charges can be "recovered from the Keeper", I cited a few precedents where the higher courts ruled that third parties (in this case the keeper) were not permitted to be drawn into a contract without their knowledge. Granting permission to drive a car (or in this case we didn't know as we were on holiday 4000 miles away) does not make you legally responsible for the driver's actions, or accepting any contract that they enter into (with, possibly, the exception, of course, of e.g. letting them drive knowing they were drunk, etc). The parking company's lawyers withdrew the case in full, allowing me to seek costs to date against them, which isn't always something you can normally get in the Small Claims Court. 😁 You also mention the risk of defending a court case by way of the "risk" of additional costs. Whilst, yes, the court fee can be added onto the order final parking notice fee, the Protection of Freedoms Act is quite specific, in the sections around private parking contracts, that charges cannot mount up over and above the original fee stated in the Notice to Keeper, and there can be no double recovery by way of additional fees on top for so-called "admin". So any court fee, even if awarded, could be contested on the grounds that it is limited to the corresponding filing fee of the £80, not any additional trying-it-on "fees". This was also pointed out by me to their lawyers as the bill had extended to another £160 of "fees" on top of the £80 they were claiming. Schedule 4, Paragraph 4, (5) and (6) state: (5) The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified). (6) Nothing in this paragraph affects any other remedy the creditor may have against the keeper of the vehicle or any other person in respect of any unpaid parking charges (but this is not to be read as permitting double recovery). That last bracketed phrase is the important bit. Anyway, I thought I'd leave for you to consider, plus there's also Fairlie v Fenton case law in regards to who can actually sue the driver or keeper. But that's for another day...
Good advice as always. Would respectfully suggest that first action should be to contact the company using the land - such as a Mcdonalds carpark and ask the manager if as you were using their services and regretfully overstayed, that they contact the enforcing co and cancel the ticket. On another note, Ive always wondered if the charge notice is in fact an invoice and must have a vat no. Not sure how legal it is to supply invoices with no vat no.?
The company that looked after my local Lidl, took the photo of me dropping my partner off at work at 06:00, then the one of me leaving after picking her up at 08:10, they ignored the photo of me leaving at 06:01 and coming back in at 08:00 to collect her after work. I challenged the penalty notice informing them of their mistake and I could verify my case with cctv for my partners work. I also informed them I would be reporting the matter to Lidl and the police. Needless to say they cancelled the charge.
My friend was charged £150 once for overstaying in the Range car park. You were only allowed to stay 90 mins. She overstayed by 2 mins. I had met up with her and we had a coffee and cake in their coffee shop and then we looked around and spent over £250. She contacted the company and explained what had happened and how much we had spent, she sent a copy of the receipt and they waived the charge.
A see a number of people are saying that the machine was broken but they got a fine. If the machine is out of order, why not take a photograph of it so you can evidence the basis of any appeal you might need to make?
When I used to drive always took a time-stamped photograph of my parked car and the relevant adjacent signage /road markings. If a parking machine was involved that was photographed too.
I once parked in a car park in London, and the machine to pay the parking fee was broken, so I could not take (and pay) a ticket. A few weeks later, I was charged (I don't know how much, but it was a lot) for not having paid. I tried to explain that I was not able to pay because the machine was broken, but they fined me anyway. I did not want to go to court, so I did pay for it. But I thought it was absolutely unfair to fine someone when you can't pay for the parking.
Two examples spring to mind. First was at a busy supermarket with few spaces left, as the person next to me (presuming the same thing hadn’t happened to them) was about a foot over the line for my bay, I had to park over the line too (end bay), while nothing came of it, I can imagine that other car going, and some smart arse snapping a pic of my car and posting it on the internet calling me selfish etc. The other one was a friend, severely disabled wife, blue badge holder, he drove her to an out of town shopping complex, parked in the disabled bay, and went into the shop she wanted to go in. Then they decided to go into the supermarket and get a coffee. Supermarket was right over the other side of the same complex, as his wife couldn’t walk there, he moved his car to one of the disabled places out side supermarket. A few days/weeks later, he got a penalty charge through the post. The reason for the charge was that there is a no return in x hours policy, and that as he had gone from one space to the other, he had returned. I wrote them a polite letter pointing out that the rules are obviously in place to stop abuse of the parking, explained about his wife’s disability and that unless she could do this, they couldn’t use the shops. I also said that if one side of a large complexes car park is considered the same car park as the other side, then they couldn’t have broken the terms§ by returning as they never left. They waved the charge as an act of goodwill. The silly thing is, they won’t shop there anymore for fear of the same thing happening again.
They don't turn at court most of the time and you can claim up to £95 loss of earnings etc. I beat them and they had to pay which they didn't like especially as I turned it around on them by threatening to send in the bailiffs to collect which meant they would have a CCJ against them.
No but the courts do and that is what I had planned taking them back to court they soon paid up when I told them DON'T be picky. I beat them and that's all that matters, the crooked barstewards.
I am dealing withe one of these now. I actually paid to park and left well within the allotted parking time. I have sent a copy of my bank statement showing the parking fee . And I have an authorization code from my bank. The company involved said this is not enough evidence, and that they have no record of the transaction. It's now been passed to a third party. Is there a chance I could counter this company for mental stress etc?
I'm curious as to why I can't get a court hearing when I ask the council in writing over my forever mounting pile of parking tickets, I do have emails for proof of thi and would really like a good expansion as to why I can't get a hearing for any of my debts when I ask for one. Unfortunately there's no helping the masses who fear the threat of court action and pay
Wherever possible, simply don’t park in these places. Usually Parking Eye operates as a business partner of the landowner, example a restaurant or hotel. Do your best to avoid these businesses
Parking eye are a bad offender it’s even been suggested That Barry Beavis was in with them and they only took the case to court to prove they are legally enforceable. Beavis made some very fatal errors and his defence was as good as useless but it costs parking eye shed loads and they came afford to take 2000 people they invoice a day to Supreme Court 😅
@Ste Srad I really try. A local restaurant went into an agreement with Parking Eye. Once parking charges were issued local social media sites caused a problem. Customers locally simply stopped using the restaurant. It’s recovering now but they had to introduce a 15 minute period to leave the car park if you decided to leave without parking
I parked in a carpark where both paying machines were out of order, no other cars had tickets on & there were many spaces, so i parked for 10 minutes while I went to the bank. I got a fine in the post weeks later with a photo of my car etc, I appealed it & it got cancelled.
✔️ TOC No Comment 1st I am disabled and some of the barriers my disability present is no being about to communicate in the writing word. On reading my comments that will no doubt have spelling, grammar and structure issues. So please work it out now you know that. Could I ask respectfully ask that to add your forts on other laws that could be used to challenge any ticket. I have used this and have all the evidence to support the following. I don’t fully understand how it works. Tickets related to disabled drivers with or with out a blue badge The matter of this issue of the ticket and “reasonable adjustments” (“RA”) as lay out in Sc20 of the Equality act 2010. As Without “RA” your at “significant disadvantage” compared to those customer without disabilities. Parking ticket have a time line that the driver need to be deal with and some give a 50% reduction if you pay early. I went over the time limit to get the discount. Doubling the fine on the two Tickets However this was due to my disability’s impacting on me to do this task compared to a non disabled person. Letter sent requesting RA’s, for more time. London Council made RA’s. However on reflection i make a mistake. It was my intention to challenge the tickets on the bases that my disability’s was the reason for the tickets. However because I ask for RA’s because if the time needed to deal with this I did not say I planned to challenge. My reply from the London Council give me this time as requested but shut the door on challenging the tickets. I could have tried to but I don’t have the skills to do this because of my disability’s The good news it the time-lines stated in the tickets can be moved. I will try next on the next one if it happens again.
What good alternatives are there for companies or car park owners seeking to enforce their (in my opinion) completely legitimate interest in seeing that people don’t overstay or underpay when using their facilities? (Disclaimer 1: I ask the above in a spirit of genuine curiosity, not out of any attempt to rile or annoy people. Disclaimer 2: I don’t own or in any way profit from any private car park, and neither does anybody that I know).
It's very simple they put a barrier at the entrance and the exit and make it pay on exit , you get a ticket you park, you take ticket to machine when you want to leave and you pay it then tells you what time you must leave by on the ticket, you drive to the exit and insert ticket , barrier goes up job done. This system also knows how many cars are in the car park and won't let any more in if it's full so negates the entering and no spaces problem. BUT with this system there is no scope for the scummy parasitic parking companies to issue parking charge notices which is what their entire business is all about. They don't care about parking management all they care about is how many ways they can trap motorists for the £100
@@aylesburynumptydrivers9672 Great point, that is clearly an appropriate, solid, straightforward alternative. Thank you very much for taking the time to respond, and for providing such a detailed answer.
Another problem with ANPR parking operating software is re-entry: 1) enter the area then leave a few minutes later without parking, according to contract; 2) hours later, return and park properly, buying a ticket. The operating software logs the first entry and final exit, then incorrectly issues a Charge Notice for that whole time-period when only the 2nd period involved actual parking.
If it went to civil court, I am presuming that under the rules of disclosure you could ask for the videos of your first exit and subsequent re-entry. If the plaintiff refused to do this, then your case could get struck out.
I had a similar thing with a motorway service station. I passed through the drive thru for a coffee on my way to a customer in the morning, and later bought fuel there on my way home (I recalled this after looking at my expenses claim for that day). About two months later I get a PCN claiming I’d been there for 6 hours. I contested it and they cancelled the charge without question or me submitting any evidence. Even if I had been there all that time, I think they’d struggle to prove it. No court is going to believe that it’s impossible for their system to miss me leaving the first time and I’d imagine any CCTV footage from the services would have only been retained for 30 days or so and would have been long gone by then.
@@archstanton5603 AIUI, the software simply records entry N1 number / timestamp / photo(?), then later mismatches the X2 exit against N1, perhaps deleting X1 as a glitch. The parking operators seem to be aware of this problem; and, in my experience, will instantly back down before going to the Parking Appeals Service, (let alone Court). Their business model is flinging out hundreds of tickets per day to potential candidates with say 95% paying without a fight rather than risking a doubling of the fee and the time & hassle of raising an appeal. @Pete Smith Same here. Although in my case the operator failed to send the request for driver ID within the statutory time limit (14 days?), so I refused to provide driver ID as well as pointing out the error in their system, and hinting that I would take up the matter with the local MP, council parking officer, the site landlord (their boss), local paper (who previously ran articles on the site). They emailed that they "wouldn't pursue the matter" within minutes.
@@rar497 I wasn’t aware of the 14 day thing, however, my car is a company vehicle supplied via a lease company, so any tickets go to them as the registered owner in the first instance. I have a feeling that I followed an oversize load out of the services on the first occasion, which possibly blocked the camera. I would have thought that the software would be clever enough to realise that I must have left on the first occasion when it saw me re-enter the second time, assuming that wasn’t also blocked. The only other explanation I can think of is that the software is really stupid and discarded my second arrival as spurious as it still thought I was in the car park. The photos on the PCN showed me arriving on the first occasion and leaving on the second with no record of anything in between. I’d imagine (for GDPR reasons) that any photos/data are deleted once processed if it deems them to not be of interest, so those records probably don’t exist.
@@petesmith2234 re 14 day thing: Yup, the putative contract is between the *driver* and the *site owner*, and is managed by the *parking operator*. The parking operators have a time limit to request the ID of the driver from the *registered keeper*, and within that time the keeper has a duty to provide the info or pass the request on to A.N.Other who can provide the info. Outside that time the keeper has no obligation to provide the info; (how many keepers incriminate themselves in their appeals by saying "when I drove into the site..." instead of "I am informed by the driver that..."?). Also, it is worth noting that the site owner's interests are good relations with the local community and local council officials and local media, they are inclined to give drivers the benefit-of-the-doubt and avoid over-aggressive enforcement of their property rights. Not so the parking operators: their profits come from trying it on with as many drivers as possible if there is any chance of a charge. It is not in the operator's interest to interpret any dodgy/spurious/ambiguous claim in the drivers' favour. Site owners ("landlords") engage parking operators to run their site. Try pointing out to the operator and the landlord that they are harming the landlord's reputation by this behaviour, maybe they won't have their operating contact renewed.
What if you had a wide vehicle (an American Hum V or vintage Alvis for example) and the bay was too narrow to enable you to park between two cars (all vehicle parked within the bays as marked) but unable to open the door to access the parking meter or leave your vehicle? I realise that you are parked in a bay but surely it's an implied contract for you to be able to park AND LEAVE your vehicle?
Can you do a video follow on. As in the beavis case it was ruled that the £85 was a fair charge and would include any debt recovery costs and still leave the PPC with an income. Yet now every PPC (except parking eye) continues to charge the most they can £100 but then add in another £70 for debt recovery. They say they are allowed to do this because the trade association (bpa/IPC) say they can in the code of practice. BUT it is illegal under pofa 2012 schedule 4 to do this when chasing the keeper. As the only amount allowed to be claimed by virtue of the transfer of liability to the keeper is the amount stated in the notice to keeper.
The beavis case was very specific and the judges went to great lengths to point out that the ruling was specific to that case and circumstances. These parking companies love to throw beavis ruling at you but often it doesn't actually apply. The £85 was essentially deemed as a commercially justifiable amount to deter abuse. They basically rode a coach and horses through contract law. You are correct in that the additional debt recovery charges are essentially not allowable and have been struck down often times before and should always be challenged. The charge as indicated on the PCN, filing fee and limited solicitor costs of £50 are usually the only allowable add ons.
HI Black Belt Barrister, I'm in a situation now with TFL, & could do with some advice although the situation is currently pending under investigation. I actually bought my new car on the day HRH passed away. I live in Bedfordshire but commute to Central London / Holborn for work with a small Construction company. Normally I travel to a colleagues home also in Bedfordshire & then we travel to work in a Company Van which is ULEZ compliant but the boss pays the Congestion Charge. However on this occasion my colleague was on holiday abroad and I'm not insured on the company vehicle so I used my own to come to work in London. My boss actually compensated me for the charge so I have the money to pay it plus it was an easier option rather than him having to add my vehicle to his TFL account when I already have my own. I received 4 PCN notices each for £80 because I drove into Central London with my new vehicle. Never mind the fact that I actually drove in on 6 days, this shows me how inadequate their systems are. Anyway I had setup my old vehicle on the Autopay system via the TFL website. The whole reason I chose this option was so that if I accidently drove into the congestion charge zone & forgot to pay in time the cost wouldn't escalate & there would be no issue with fines, the ANPR system would automatically scan my car details & just bill me accordingly. Once I bought my new car I've gone onto the TFL website & updated my new vehicles details. I still had 1 last ULEZ charge on my old vehicle because I drove it into London to Part Exchange it for my new one. My new vehicle is exempt form the ULEZ charges. But when I've contacted the various departments at TFL about this issue, the accounts department where able to see what happened & told me the TFL site is quite confusing but they didn't have the authority to cancel the PCN's. I'd have to speak to enforcement. They had seen I'd gone on the site & added my new car, but that I'd not followed through with the Autopay setup & paid the additional £10 to do so. The woman told me I'd updated the details in the wrong place then she commenced to do it for me over the phone there & then. My new vehicle was on their Database excepting that it hadn't been setup with the autopay, so their crappy system didn't know to charge me. My payment details where already on the TFL site I'd seen them & the details wouldn't change with me having a newer car, and nowhere on the site does it tell you that you have to add payment details each time you add a vehicle to your account. The Enforcement department came back with the PCN's are valid and that I could set up a payment plan. I didn't agree to this because I know submitting payment is like admitting guilt & normally closes the case with any parking disputes you may have. So I've entered what happened on the website & included all of the relevant PCN's & am waiting for them to conclude with some kind of internal enquiry. The amount I have to pay is frozen whilst this enquiry takes place, but the figure would normally double. Plus I don't hold much hope for these type of appeal procedures anyway. I know if they rule against me there is another London Parking Ombudsman that I can appeal to but that decision would be final. Sorry for the essay but any help you could offer would be greatly appreciated, if they decide to rule against me, but I am still awaiting the outcome of their revue. But please keep up the excellent JD coverage & legal advice too.
How do you stand if you parked in a hotel and were told by the hotel that the there was no screen in which to register? And that the system was switched off. Only to get a parking charge notice through the post a month later. Which happened to be 2 weeks after the notice says it was issued. That's a bit crafty too.
I've had three tickets. One was the road behind the University of Hertfordshire. My successful appeal was that the small signs were not obvious and the person ticketing waited for the whole road to fill up, then ticketed everyone there. 20 or so cars. The next was a successful appeal where I stopped my car on double yellows at Luton airport to pick up my wife in torrential rain rather than meet her at the car park. Finally is the one I lost. The leisure park in Stevenage, a place set up to make as much money from tickets as possible. Three of my passengers went into McDonald's on site whilst I carried my daughter's suitcases to the railway station next door. The attendant had ticketed my car within minutes. Their appeals system involves a nonstandard procedure which involves them asking their mates to adjudicate.
we got caught no paying because of blue badge that they didn't except,fine came to door but instead of fighting we sent check for 50 min plus £10 admin charge which was far cheaper,now after 4 year no word from them.
Last year me and a friend parked our motorcycles in Canterbury in a car park next to the bicycle bays (there was already a motorcycle in one of the bays chained to it and the car park itself had no motorcycle bay) the reason we didn't park in the bicycle bays was because our cruisers were too big to fit in, so we parked literally next to them. We came back 15 minutes later to find we had tickets and that the attendant had wrapped the tickets around the throttle cables of our bikes. Note the sports bike in the bay didn't get a ticket. But what a Bastard. Obviously we paid the PCN but still guy must have been a jobs worth
Most terms of car parks need some time to read, not something that someone can do while driving. We especially shouldn't be expecting people to start distracted driving, or worse that they have to stop on the main road and risk a traffic offence just to avoid a PCN. Surely it must be reasonable for someone to enter a car park, park their vehicle some where safe, have time to review and reject the terms and choose to leave the car park without a fee. This can take more than 5 minutes if the carpark entrance gets clogged with traffic or queues have formed (I have personally spent more than 45 minutes queuing to leave a card park before). It can also mean you have to take a ticket before a reasonable opportunity to review the terms and reject if necessary. I'd be curious to hear other peoples thoughts on this.
Got a parking charge 2 days ago at the hospital. The car park is free for 4hrs. When I arrived there was a monsoon so I rushed in the door as I was already like a drowned rat. I was handing in equipment to the IT dept for repair on behalf of a colleague. I completely forgot to put a ticket in the car. Unfortunately the IT dept asked me to wait so I was there for 30mins. Result a £70 charge reduced to £40 if paid within 14days. 😢 Given what you have said about the charge being reasonable is this level of charge reasonable considering the car park is free. Moral of the story- don’t do favours for colleagues and remember to get a ticket.
I've got a weird one going on at the minute. I parked in a pub car park that was near a railway station on the outskirts of London. I was obliged to purchase a ticket from the machine but then handed it to the pub barman and he validated that I was a pub customer and refunded me the parking. I am now being pursued for for contravention ie they don't appear to have been notified by the pub tht I was a customer. Chances are as my reg includes a 0 that its been typed as an O. I can prove I was a customer that evening from bank statement. I'm challenging the penalty obviously how can they prove otherwise that ut was me that didn't comply rather than the pub didn't input the right information?
What about the case where you get an hour free then have to pay for the second hour but you must buy the ticket for the second hour on entry to the car park? Could that be deemed as an unfair clause?
Oh they do better than that. 1 hour free but then they say £1 per hour, but deep in the small print they will say that any stay over 1hr has to be paid for in full. So if you do stay over 1hr you don't get the free hour.
My son recently recieved two parking charge notices for parking in his girlfriend's allocared parking space. She pays for a permit to be able to park in the bay. The company insists that the permit was not on display, but my son says he placed it on his dashboard on both occasions. However the photographic evidence shows no permit on display. Sarah, his girlfriend says she's picked the permit up out of the foot well on occasion and has since such bluetack onto the back of it since this incident. With Sarah paying for the privilege of parking in the bay outside her house, surely, even if the permit has blown off the dashcommon decency should ensue? The parking company are well aware of the details of the permit, so they know its genuine, yet they still insist on perusing my son for payment despite already being paid for the permit. The parking permit is not car specific and so any car used by Sarah can park there if that's the car being used by her, or the couple. Despite being given evidence of the permit the parking company has now handed the ir claim over to a debt recovery company, and are threatening court action. The whole thing wreaks of corruption to me. Is my son breaking any laws by not paying?
What if the lines and spaces are very small such that a larger car may not be able to be fit fully within. I haven't seen that condition or notices anyway anywhere I park which is lucky because many cars do slightly exceed boundaries especially length wise.
Can it be said that as the Uk let's people from other countries visit the UK and they don't speak the language that a contract is formed, because they can not read the English Sign? Not that it matters as if they are in non Uk vehicle there registration could not be accessed anyway.
a couple of hears ago the Mrs parked her car in a carpark in Ashton, she used the closest meter to where she parked which was also located in the car park, a week later she got a parking charge notice through the post, she challenged it and received a copy of the photograph through the post, it transpired that particular line of the car park was covered by a meter located outside of the car park almost 80 meters away, it felt like this was a setup deliberately created to extort people, because of the challenge she was compelled to pay it in full
Last time this happened to me, It was for really petty reasons, one of my guys collected someone from a hotel car park, didn't even park, just waited 5 mins for the client to emerge form the hotel, £100 'invoice' arrived as a result. So I sent them an invoice for an 'Administration fee' for assisting them to identify the driver for them (it wasn't me driving btw, it was one of my employees but I know who it was). My invoice was for twice what they were charging me. In my letter I carefully stated that if they replied and did not provide a clear face picture of the driver with dates and times clearly marked to assist in my 'investigation' they are accepting my terms and my charges and subsequent charges for any additional letter or phone call, with a deadline of 14 days to pay otherwise it was automatically escalated to the small claims court, at their additional expense............ They cancelled their fine (and so did I).
It may make a good video to also point out that the PCN has to comply with the requirements of Pofa 2012 in its wording. We received one recently, and challenged it as it didn't, and had it cancelled. I'd have happily gone to court on that one
My son has received a parking charge for being parked in his own allocated bay outside his flat because a parking permit was not displayed. It had been displayed, but had obviously fallen off his dashboard, as it was on the floor of his car the next morning. We have appealed and lost, appealed again and had a long letter back from the adjudicator saying the parking charge notice was properly issued and appeal dismissed. Where can we go next?
I received a parking charge notice for overstay. I did not in fact overstay I visited Marks and Spencer Woodley carpark to collect an item bought online on 1st Feb I stayed around 20 mins maximum in the carpark , which is free to park in for up to 2 hours. The following day i returned to the store to return the item as it was not suitable again i stayed for a very short time certainly less than 30 minutes. I then recieved a charge notice with the anpr clocking me into the car park on the 1st Feb and leaving the car park the following day. When in fact I made two separate short visits with a 26 hour window. What do I do?
I drove up to a Tesla Supercharger in a hotel carpark. Last year you could just charge up. This year there were signs telling you had to pay to park, with no apparent exceptions for drivers charging their car up. You could avoid this by registering your details at hotel reception if you were a hotel guest. All of this is enforced automatically by ANPR camera with a £100 parking charge notice. I very nearly didn’t notice the signs, after all we are creatures of habit. The parking guidelines only require terms of parking to be displayed, and there’s no requirement to make it clear whether terms of parking have changed. I averted a dreadful experience, but I’m sure many other Tesla drivers have been left with a very bad taste in their mouths after using that particular supercharger. It got me wandering. If you had to pay to park your car at a petrol pump, while filling up with petrol, in addition to paying for petrol, and it was made clear by virtue of a sign placed right next to a sign saying “no smoking” (which few people notice no doubt), would you have any defence if you failed to pay/register? Is your car considered to be “parked” while filling up with fuel by virtue of having your vehicle stationary while not occupying the drivers seat, but being nearby. If not, could consideration of the definition “stationary but not parked” extend to ultra rapid electric car charging? It seems like petrol stations could indeed find this a very lucrative source of income in the short term before their reputations become tattered. In the meantime, electric car charging is something of a Wild West.
As I understand it, the contract is formed between the parking company and the driver of the vehicle (and not the owner) Is there any legal requirement for the owner of the vehicle to disclose the driver’s details to the parking company?
I've just received a parking charge notice for overstaying overnight. The problem I have is it was two separate visits on consecutive dates to a Lidl car park near my workplace. The issue is that they have a photograph of my car on both days 13 hours apart. I am about to appeal but Im not sure what evidence I can provide other than stating it was two visits
Here's a thought, possibly relevant when signs say vehicles to be parked "wholly within a marked bay". On a UK driving test, one or more wheels *on* the white line would still be counted as in. Could this be argued as a defence if a charge was issued for having a wheel on the white line?
It’s a interesting question, but let’s expand this question to parts of the vehicle that overhang into another space outside the marked bay. Now common sense would tell me that no part of the vehicle should overhang outside the marked bay. However marked bays are a two dimensional entity, and I’m not too sure whether the space above the marked bay is part of the terms of parking. Certainly the parts of the vehicle in contact with the ground should be within the outside edge of the marked area.
Helpfull video. Thanks I've received a parking charge and have lost the appeal. So I've now appealed to popla. I entered a petrol station in London to buy fuel, then I had a cooffee inside and stayed past the 30 minute free parking. Now received a £100 fine. Well I genuinely did not see any signs regarding the need for payment to stay after buying my fuel. When entering the site, It was dark and I was looking at the sign showing the price of fuel. Google maps shows the parking sign was on the other side of the road to that sign. When I left, again I was looking at the slip road to the left and the parking sign is on the right. I never saw any signs and I only stopped here to buy fuel and then a coffee... Any idea as whether I have a case to argue in court? Also, if I am taken to court. Would it be 300 miles away, or would the parking company need to use my local county court?
Super market car parks give you 2 hours parking before you get find how can old people / Disabled exc get out in time. Also you have to Queue for up to 30 mins to pay when there are 20 more tills closed.it’s all a scam
I've just received a PCN that claims I overstayed by 3 hrs despite absolutely not staying for longer than 15 mins but returning later and leaving again. The images they have of me entering and one of me leaving but not the ones in between those times. I only have the word of an independent witness I collected and went elsewhere before dropping them off later.
We’ve had this issue, fortunately we have home cctv that showed our vehicle was at our house between the hours they said we were parked up. IMO this is presumably a common tactic which exploits a small (or perhaps not so small) percentage of people who can’t or aren’t willing to argue and simply pay to put an end to the situation
@@mikeprice5755 luckily I have a witness who can verify we left and returned later. I'm fortunate enough to have the time to dedicate to proving I didn't overstay. Perversely 'm really hoping they say I didn't leave so I can stick it to them.
Could you just say you weren’t the driver and are unwilling to give over the details as you are not legally obliged? If this is ok, is it best to tell parking form this or leave till if and when it goes to court?
The thing that most annoys me about this malarky is that they have number plate recognition but only use it to issue "fines" when you don't go to a machine and buy a ticket manually. Why can't you just sign up and get a Parking Eye account and have it automatically charge you for the time you spend in the carpark? This is quite common here in Norway.
Because Parking Eye get more revenue from the PCN's than they would if the two or three pounds excess parking charge was automatically deducted from your account.
If you can't get access to a building to type your registration number into the key pad, due to the pandemic. You have a blue badge in the car window, I did not even say in the long queue to get into the NHS building. I turned away, got back in the car and left the car park. I had not seen the alleged signs, this was not my gp surgery I only went to see if they had hearing aid batteries for my now late uncle who was bed ridden.
I recently paid for street parking run by the local authority. I had no money so paid via the Park and Go card system advertised on the parking meter. The charge should have been about 30pence but my card was charged 90pence. Surely if the meter states the parking tariff and that equates to 30 pence why if paying by card should it be any different.
I don't know if you get to read this. But please help. I had my Xbox one cleaned inside. Because of the amount of dust inside. Which in my mind could cause a fire. And after some 8 years ownership I decided to get a newer console. Taking it to cex, electrical second hand stores. All refused because the warranty sticker was removed. But the fct says there illigal. Plus other online searches say the same. So I'm at a loss. A sticker that serves no warranty for a console that's over 8 years old is classed as unsallable. In these stores eyes. And told no. No warranty stick, no sale aloud. Please help with this matter. Leon
I'm being chased at the moment, I dropped my daughter off at a bowling alley car park poorly light on a dark Saturday night in February, Went for a meal with my wife and then came back a few hours later, drove into the car park turned round and waited for my daughter to come out, as she was talking i was on the carpark for 20 minutes plus, nobody from the party she was at told me of any need to do anything and it was a free for customers car park. The bowling alley said after the fine had come through to send off my receipt to the parking company and it would be waived, it wasn't and its escalated from there, court date is now pending.
My friend had a parking fine from McDonald’s we went there in the morning for breakfast and drove out went back at lunchtime for some dinner takeaway about A week or so later we got a fine throw for overstaying he couldn’t be bothered to fight it so paid £100 even though he was not guilty as we wouldn’t have earned any money if we left his van there all day at McDonald’s why would he pay two blokes to sit at McDonald’s all day but for some reason the cameras didn’t pick him up leaving each time
I have a court summons for a PCN almost 6 years ago but not quite 6 years, for an over stay ie 4 hours free parking buy on event days this is reduced to 2 hours, my stay was allegedly for 2.5 hours on an alleged Events day. I do not recall any of this however ! I have 2 issues with this I’m not familiar with the law hence my ask. I asked for photos the Photos provided are of me driving the car none are of me actually parked, there contract states parked there is no mention of me being charged for entering the car park, the 2nd issues is that they claim that this was an events day, there where no signed in there evidence for this hence how would i know ?
all of companies, (if not all of them) run on business model, fining the hell out the user of a car park, and depending on how (if they even have contract on owner of the car park), share, of the taking of the parking change invoices, as part of there model of the business, I.E. the if all the customer of the car park, just payed, and used the car park, as what the customer, had intended ,the companies would make no money, e.g. make no, money hence the business, so the hole thing stacked agented car parker, with ever attempt, make it as difficult as posable, and still open look fare, even you are, are said £80 pound for at the £5 ticket is fare, and most in one lucky enough, to get the extra treatment, service, as described in there T&G's, is is a service, your as car car parker are paying for the service, by using the car park, so it's service industry, exactly like you dry cleaner, or eating out at restraints, and you wouldn't be expected to read a list of T&G's ever time you used there services, would you? that business model to be build in such a way if they didn't extract extra money from the customer would not have business? and that the ones take their own sudo, trade bodies, that are more to-do with extracting money from the user of car parks, whilst try the utmost to make not sound like regular invoice bill, for a service that must be anyone else trading bodies, if companies a higher body, that interact with there customers, it to mitigate, help the customers, which would £5 parking ticket not £80+plus with pay early get a discount like that bargain it more of a threat that lock user in just pay up, that is no more, a bargain being invoiced paying for service you don't want? just now as much?
£85 for two hours of parking is not what I would call reasonable unless you were a multimillionaire. In my humble non-legal opinion, the common person would find that grossly unreasonable especially when it would probably only cost £8 - 10 for the whole day if parking in a similar parking area. These terms and people enforcing parking notices are simply con men.
@@Elfin4 Ah, I see. That's been contested before (Beavis) in court and the court found it was a reasonable penalty charge to cover the parking company's costs and to act as a deterrent.
Back in the mid 2000's I parked my circus tour bus and trailer across about 8 parking spaces in a pretty big and empty council carpark while trying to find out where I needed to go to set up for a show I had been booked for.
Was only gone 15 minutes at most to come back to 8 parking tickets, yes 8.
I just moved to where I was ment to be, did the days work and forgot about it.
A couple of months later I get a letter saying I owed a lot of money in fines but as I had not paid them they got a court date and wanted me there.
Well it was 300 miles away, the car park I got the tickets was owned and ran by the local council, the same council that had booked me for the event.
There was a lot of letters / emails going back and forth for a few months as I argued with them about what a farce it all was and how I not be paying 8 tickets and any extra charges, the court date was postponed and then out of the blue I got a phone call from the Police Chief Inspector for that area, he had been told about all this and he called me because I had taught him, his wife and his kids how to juggle and spin plates and other stuff stuff at that very event and thanked me as they had a great time.
He then sorted it for me, pointing out how stupid the whole thing was and that they wanted me back the next year, I went back for the next 11.
Sorry this is such a long one 🤣
That's a great story with a lovely ending where common sense prevailed! Good on you 🎪
@@jiggli-Jane Only because he had made the chief plod happy & he was able to pull some strings . Otherwise they would of took him to the cleaners & done him up like a kipper .
@@maskedavenger2578 Oh no not a kipper, isn't there a law against smoking someone?
@@Kev5565 If there is I am not aware of it .
@@maskedavenger2578 agree there is no law against "smoking a bloke" ;-)
I have successfully challenged two of these because the postcode they quoted for the car park was in fact a different (nearby) street. Check every little detail, because they are lazy, and car parks don't always have a postcode.
We still have different rules in Scotland, although this legislation is being changed. In Scotland they must pursue the driver not the registered keeper, they first must prove who was driving, as it’s civil you are under no obligation to provide that information.
I think it's important to not call these fines even though most people do. The reason for this is that if enough people call them charges then that will elicit a different mind set which will mean more people will challenge.
Just a thought ... if I were to put a sign on my car which says that any PCNs attached to this car will attract a fee of, say, £200 and that by issuing a PCN you have agreed to the terms, isn't this using the law in the same way as the parking companies?
I've fallen victim to this on a few occasions & each time I won, because I was legally parked & where I park my car, is also covered by my homes CCTV. The first few times I was given a notice, claiming I was illegally parked. But was clearly legally parked & the ticket issuer ignored the new single yellow line end markings & decided to use the old one that was no longer used, because they decided to allow a few cars to park on that road outside my home. The 4th & 5th time, I caught the same officer issue me a ticket, photograph it & then remove it from my car. I only knew because I got a letter in the post. I checked my CCTV & discovered what he did. I provided this evidence & my penalty was dismissed. And the sad thing is, the same idiot is still issuing tickets & still has his job, despite the letter I received after each successful appeal, the officer in question would receive further training to prevent this from happening. Which I'm starting to think is a load of tosh.
Wow!that's crazy
That sounds like a Penalty Charge Notice for parking on the public road. This video is about a Parking Charge Notice for parking on private land, which is altogether different.
Sue the city for loss of missed wages+ interest of having to appeal all tickets
If he does that a couple more times you might have a case to sue for harassment. With a restraining order prohibiting him from going within 200m of your house, you should be safe for a while....
Theft & Extortion
A common scam by these parking cowboys is making it impossible to pay to park. Either the payment machine isn’t working, or paying via your phone is blocked by the company. Issuing a fine, is far more profitable than the actual parking fee.
Not a fine!
Yes.This happened to myself and wife with a company called "Park With Ease".Their machines as they admitted only took card payments but we didnt know that untill we went to pay to leave and only had cash.The venue was The Enginutey Centre in Ironbridge in shropshire.Their subsequent appeal service was via a company of a very similar post code that you had to pay for and sigh accepting a contract and and any monies due despite us offering to pay the £2.00 we tried to pay.It was last at £130.00 via a debt collection agency who passed the whole thing back to them with more threats.They all refused our offer of paying the £2.00 initial parking we couldnt pay because we only had cash! Never had a parking ticket in my entire life.
@@glennpowell3444 I get it sometimes you haven't got your wallet and card a rarity not to have a card at all. Strange. But be aware my son failed to pay £2 for parking it went through the motions ignored it all until he wanted a loan he had a county court judgement on him he owed £500 and cost him another to remove the CCJ ... Ouch! They tend to have the law on their side no matter how you see it
@@laceandwhisky Its clearly a gravy train and curious our MPs allow them to continue scamming people and even give them access to DVLA records! ....Not hard to draw a conclusion as to why.
Had an interesting one last week.
I needed to load my van - rather than park on the double yellows (doing so would still leave two clear lanes for other traffic, but if the option to leave the carriageway entirely clear is there, out of consideration for others I will take it.) I stopped with the wheels straddling the verge with the wheels each side of the grass.
Traffic enforcement officer comes along and says to move since parking on the verge was illegal as it damages the grass (the same grass that the wheels were not on) rather than argue, I moved to where I could legally park on the double yellows for loading since there were still two clear lanes for other traffic. He then insisted that I moved to a paid parking space down tue road away from where I needed to load the van. I suggested that it was legal for me to park for 20 minutes while I was loading the van, and he cited that I was obstructing the road if an ambulance needed to come through so it didn't apply. I pointed out that where he had told me to move to reduced the available space far more and there was the space of two clear lanes where I was over and above the space taken by the van; where he wanted me to go to narrowed that to one - I then told my mate 'don't worry, about him, twats like him would have fitted well into the Kraft Durch Freude program'. We moved for the sake of avoiding further conflict. The guy then got into another beef within a minute. Some had pulled up into a parking space and walked directly to a front door - so Enforcement Occifer 455 checks for permit, doesn't find one, and starts writing a ticket.
The fella comes back and explains he is a volunteer dropping off prescriptions to an elderly lady in the house and will be a minute at most. Napoleon Syndrome syndrome kicks in and EO455 says that the fella can appeal but he's doing the ticket
At this stage the guy threatens to punch his lights out, so I step in and place myself between them, telling the fella "Look, just do the paperwork and make a complaint, punching him might feel good now but it will open a whole world of shit for you later - it's not the way to go!" So I calm things down, meanwhile the little prick has scuttled across the road and is busily checking other cars. He didn't have the balls to come back, or the politeness to say thank you me for stepping in.
Sorry for the long read, but a complaint is going in to Southend council about him. His decision-making has fundamental flaws, and he went out of his way to create conflict instead of acting reasonably, and misapplied the law in order to make himself 'right' when challenged on it.
Surely the company would be in breach of contract by failing to provide the thing they are charging you for, eg. if there was no parking or if I was unable to find any. It should be on the company to prove that I parked my car in the car park for the 10 minutes between entry and exit.
A suitable analogy would be going to an all-you-can-eat buffet, being told that they ran out of food, and then still charging you for the service because you have entered the place.
The DVLA should not be allowed to tell private companies names and addresses of vehicle drivers. What data protection do the drivers have in law.?
3 years ago i received a parking charge notice for staying to long in a petrol service station. I wasn't aware of a 30 minute time limit which i considered outrageous seeing as there was a sit in subway and a car wash. I refused to pay and it was passed on to a debt recovery service and i received a letter with an escalated fee of £160. I replied to the letter by saying if they send me any more correspondence to this then they are entering into a contract with me and agree to pay me £160. I received another letter from them for £160 to which i replied that they have now entered into an agreed contract with me and i now await a cheque for £160. They never got back to me and i haven't heard back from them since. That was over two and a half years ago
Maybe you didn't hear from them because the £160 you wanted cancelled out their £160. They probably used your £160 to pay your fine . Keeps the paperwork straight 🤣😂
I just got one through the post the other day after parking at the hospital. I was literally there to train for work (NHS). Parkingeye love to make it difficult to get into contact with...
I didn't even see a single sign saying it was permit/authorised parking only.
Presumably if the penalty charge goes to civil court any CCTV of the incident (car entering /leaving etc) has to be turned over to the defendant under the rules of disclosure?
Could be relevant if the vehicle drove in and out as there was no where to park?
On the site I work on there have been many PCN cancelled because people are there to shop even if it’s just buying a can of pop as long as you have proof ie the receipt the landlord cancels the fine because you’re been shopping on the site. Something to do with the fine print. That’s just the site I work on I don’t know about any others.
Recently had mine cancelled after i proved I was on site shopping and in a cafe on site for the whole time.
I’m currently in dispute with a private (Offshore) company that collects parking charges at a major UK airport. I was trying to locate my paid-in-advance parking at the same site but with a different contractor and inadvertently drove through the drop-off Zone. There was no way out other than to drive straight through and out the other side. There are signs over the lane, saying that a charge of £5 will be applied for using the drop off zone, and will be triggered by entering the lane. I appealed the PCN and they said that as I entered the zone, I had accepted their terms and conditions.
My response, is that had I intended to enter into a contract with them, I may well have accessed their T&C on their website, however my contract was with a different company and so I had no reason to know there would be a charge, even if I didn’t drop anyone off, or even stop.
I believe contract terms have to be available prior to entering the lane, in this case, and (obviously, as I can’t read while driving) need to be somewhere I can stop and read them. Something like this is, I believe a grossly unfair contract term, and they are trying to enforce a contract on me which I have never accepted or intended to accept.
I will advise you of the outcome, as this is currently with the parking Ombudsman and we will see what they say.
I do know of an example of somebody using the Data Protection Act 1998 to challenge such a charge. That Act has now been replaced by the Data Protectioin Act 2018 but the same challenge should work.
The situation was that the driver visited in the morning, left and then returned some hours later.
They then received a notice for overstaying - so they submitted a Subject Access Request demanding ALL personal data relating to them and their carfor the day in question making clear why they were doing so.
The matter was settled by the business issuing the charge withdrawing it and the driver withdrawing the SAR.
If it went to civil court, I am presuming that under the rules of disclosure you could ask for the videos of your first exit and subsequent re-entry. If the plaintiff refused to do this, then your case could get struck out.
There is one famous private car park on the coast where drivers are given 10 minutes to put in their car details at a machine. As the ticket queues are often longer than 10 minutes they then get an unpleasant letter in the post due to a ANPR camera that monitors the entrance.
could you not argue that these kind of underhand practices are entrapment, its a bit naughty entering into a contract without knowledge
You could try, but it won't work. See BBB's previous videos about how the contract is formed and T&C's accepted by the driver when they park.
One of the most devious public bodies for issuing is parking tickets is TFL… they will slap a ticket on your car while you are not looking and hope that you won’t contest it… I always take photos if I leave my car somewhere for a few days.. and always contest any ticket. It’s a long winded process but I have had 9 out ten tickets cancelled because I had photo evidence..one ticket I received in the post 9 months after the incident. I had to get a court order to have the £250 reduced to the standard £65 … I had turned left into a road when only oncoming traffic could turn into it.. crazy traffic planning in Battersea..It turned out that the No Left turn sign was on a post two roads earlier 😏
So it doesn't apply.
I got a parking eye charge (after the court case) and I wrote back and stated that if they could take me as entering the car park as me being in agreement with the terms, then by writing to me I would take it that they accepted my terms of correspondence and I would charge them £50 per letter that I had to write in regard to this matter.
Their legal department wrote back stating they would not accept my terms of communication and would challenge my implied acceptance and charges in court and would win, I wrote back and asked how confident they were since their own court case stated that these types of conditions were acceptable.
They wrote back to say the parking charge notice had been cancelled.
So the local council can issue a Penalty for £60 - but according to the case of Beavers paying the higher amount of £85 is not a penalty.......
I've seen a lot of charges overturned, especially in the Digbeth/Deritend area of Birmingham where there are a lot of 'car parks' that are essentially just a muddy bit of land between some buildings which were probably a loading yard for a business that used to operate from one of the buildings or even the building that used to be there fell/burned down so someone just flattened the ground and started charging for parking. Most common reason is that the company that operates the car park doesn't do maintenance so the signs with the terms are overgrown with weeds.
Another maintenance issue is the machines supposed to issue tickets either run out of tickets to issue or break down, as in take your money and either don't issue a ticket or don't print the time on the ticket so you land up with just a blank ticket, a particular problem when you are parking in the evening or at the weekend and the phone number rings out in what is presumably an empty office. A lot of people remain parked as in their minds they have paid for the parking, but the parking management company take the view that as they are not displaying a properly printed ticket they are in breach.
High court judges are obviously too well paid if they think £85 is proportionate; it really is a penalty charge. Presumably the parking charge in question was £5 - £10. If I buy something for £100 with a cheque, and it bounces, should the supplying firm be allowed to charge £850 - £1700 for breach of contract, if they put it in their terms and conditions?
In the US, the Cities (as parking fine in a local matter, not State or Federal (typically)) payment of any fine is NOT appealable/challengeable as a payment is a guilty plea....though penalties can still accrue for non-payment if challenged as the court date is weeks or months after the initial 'pay by' date. Since governments now contracts our enforcement with a guaranteed minimum payment and incentives for certain KPIs, even dismissal of the citation does NOT alleviate the party receiving the citation of liability to the private entity.
Truly a legal processing system and not a justice system is the US and seems to be spreading overseas.
Can you comment on the difference between the law in E&W to Scotland? Particularly towards that in Scotland the vehicle keeper cannot be held responsible for the driver’s ‘breech of contract’. Therefore, unless the driver is identified to the parking company, the charge is much more difficult to enforce.
In Scotland the parking company needs to identify the other party to the contract in their submission to the Small Claims Court, and that "other party" will always be the driver who parked the car. It follows therefore that if they cannot identify that person they cannot pursue a case in court. Simple. The moral of that is that never ever admit to having been the driver else they have got you by the short and curlies. In practice, you can either ignore their claim letter and you'll probably not hear from them again; or respond by advising them that you are unable to name the driver and, as they have absolutely no legal means of forcing you to do so, again that's the last you'll hear about it.
A new common situation, which I have fallen foul of, is ev drivers needing to charge their cars, but having to queue. On 2712/22 i was in Welcome Break, motorway services Gretna Green with low battery, found myself at the back of a long queue and had to wait over an hour to access a charger. Total stay was 2 hours 17 minutes. Parking Eye have issued a £100 charge. I was unaware of of 2 hour limit and did not see any signage to this effect.
Daughter did this with parking charge in Cornwall this summer and used your video to email them info, the letter even said was there 10 minutes, they dropped the charge!
( Note: These signs and charge for parking must be recent as I have been to the place 8 months prior) I have just got a parking charge notice from parking eye. it was a minor injuries unit and I did not pay any interest to any signs as my wife had a fall and was in pain...BUT the member of staff did say the machine was broken so you could not pay for parking.. But these people felt the need to issue a fine, I called the minor injuries unit and they have cancelled the fine.
If a contract can be formed by carrying out an action, can you write to the car parking company and state that by reading the letter, another contract has been formed?
I had a case where the payment machine was open by an engineer (I assume he was emptying or repairing it). I didn't park but sat in my car a little way from the machine I didn't read any notices or even notice if there were any as I had intended to buy a ticket and intended looking at the terms when buying a ticket. After 10 minutes, I became frustrated and drove off. I then received a PCN for overstaying the 10 mins grace period by 1m40secs. I appealed this but didn't receive a response. I then contacted the company again asking if my appeal had been successful to which I received a response saying it hadn't and that I had missed the time allowed to appeal to POPLA. I then complained to the company that they were denying me the right to go to independent arbitration. Eventually after a few threatening letters of escalating charges and court action, their nonsense stopped and now I haven't heard anything for at least 6 months.
These parking companies are starting to work against best interest of the businesses located at the shopping areas.
I was in Swansea in August and the local shopping/entertainment/restaurant centre car park's notices said that the max stay will be changing from 3h to 2h, which I think will hit the businesses. I thought the 3h were spot on - you could go for 1h of entertainment (e.g. trampoline park) and then 1h to relax and grab something to eat, and maybe a bit of food shopping. We would spend 2.5h there on average. Now people won't be able to do that. There will be time to only do one thing, go to one business, or rush and be looking at the watch ones your 1;45h is up. Bad customer experience.
Lets say you want to go to the trampoline park for 2h, you can't now, with getting in and out it will take 2h 15 min.
I don't understand why the companies located there would agree to this change.
Greed
What if you are ill? Before the change in the law i was driving on a motorway and felt very ill with flu-like symptoms so I stopped at a service station and spent around 4 hours just sitting in the restaurant until I felt well enough to drive. I was so unwell I didnt even try to read the signs. Of course I got a PCN. My appeal was not accepted. On advice on the Internet (before the law changed) I refused to pay (I wrote to them to tell them why and said Id be happy to argue in court about it). I got some snotty letters which I ignored (having told them in writing that I would) and after that I heard nothing further. I do think that managing motorway services in this way is not ethically sound because on a service station there is no choice, there’s nowhere else you can go to park.
Thanks for this video, just confirmed what I thought.
I recently parked in a shopping center car park for over 2 hours and got a fine, the next time I visited the shop I looked around for the signs and found that there are quite a few of them and that they are clearly written explaining the terms, looks like I will have to pay this one. As said though your video did help determining as to weather I should pay or not.
Another thing you mentioned was you may have an argument if the signs are not clear, a while back I parked in my Dr's car park and got a ticket, turns out you should input your vehicle reg into a machine in the surgery if you wish to use the car park. Having received the ticket I went back to the car park to look for the sign explaining the procedure, I found one not far from the entrance but at the back of some of the bay's, it was also half covered by a tree's branches and leaves. I argued that I was unwell hence visiting the Dr and that looking for a single sign was not something I was able to do in that current state, that there were no signs within the surgery, they cancelled the ticket. Since then they have placed more notices around the car park.
Interestingly this only applies to England and Wales I believe. Here in Scotland you can use these charge letters for their true purpose. Toilet paper. I’ve had dozens over the years, all ignored with no consequences
PCN is not a fine … it is notice that a charge is outstanding. A fine can only be lawful if you have been found guilty in a court.
Would like to see an episode on software licence agreements. Everyone knows no one reads them, except perhaps a few organisations (EFF for example) who have an interest in holding the companies to account, and are probably biased against the companies, so not a fair view either. They can run into 10s of pages of legal jargon that no one understands, and at the end of the day consumers have no option to negotiate their own terms, it is take it or leave it... including when companies make changes.
The companies are not really learning that fast. There's still a ton of car parks with inadequate signage. At my local Tesco I can easily enter the car park and park without passing a single sign.
It really shouldn't be hard for them to send POFA-compliant notices and yet many of them still fail to do so.
I got a parking penalty in a motorway service station charge for £60 on Jan 1st 2024. For staying longer than the two hours. I was stuck there because my car had developed a fault and would not have been safe or legal to take onto the road. I put in an appeal which was ignored. This has now escalated to £170 With threats of court and balifs.
They would not except my reason for the over stay due to the RAC taking over two hours to get to me.
I have recently revisited the service station to take photo and video evidence to support my case.
I found that when I revisited the service station the entrance road had a large sign with the parking terms and conditions. Problem was it was sideways on with another advertising sign blocking the view of it. You would have to park your car and go back to read the sign and decide if you wanted to except the terms and conditions !!!!
I called into the service station to see if they had the part I needed but they didn't
I drove on to the fuel station that was not next to the service station but down a road leading back onto the motorway.They also didn't have the part. There were no signs or marked parking bays there so I wrongly assumed that the rules didn't apply there. What are you supposed to do if you drive straight to the fuel station and your car develops a fault and you have to wait over the two hours to get it fixed...
A 'blue-badge' member of hospital staff parked in an ordinary bay because the blue-badge bays were full. She received a penalty charge for not buying a parking ticket (blue badge holders park for free). Except the signage was clear 'blue-badge holders park for free' with no reference to this only applying to blue-badge bays. As a consequence, she was going to challenge the penalty charge. As a visitor to the hospital, I never did learn the outcome.
If the signage doesn't state you have to be in a disabled parking bay to qualify for free parking then she hasn't broken the terms and thus she would win. I use disabled bays all the time and always check what the sign says about free parking and make sure it states it's free with no requirement of where you can park as the disabled bays are quite often full. Ironically full with cars not displaying blue badges with no penalty charge in sight!
@@CraigNiel - I encountered the member of hospital staff as I waited at the reception (she was challenging it with colleagues). Went outside and checked the signage, which simply stated blue-badge parking was free with no qualifications as to where you had to park to qualify. Although in hospital grounds parking had been contracted out to the Borough Council.
With respect to the car parks with barriers, what happens if you take the ticket, go in and find there are no spaces? Or that there a few spaces but your car doesn't fit in them cos other people have parked too close to the lines. They are then not able to fulfill their contractual obligations, so why should you pay?
8:40
A couple of points...
I defended a case recently where an un-named driver took my wife's car, parked in a new private permit zone, and the parking enforcement company sent her a Parking Charge Notice.
After lots of back and forth, they ended up issuing legal proceedings.
I contested the claim on the grounds that the driver cannot bring the vehicle keeper into a contract that they are party to (i.e. between the parking company and the driver - as that's what it says on the Ts and C's) without the keeper's express agreement and consent.
No one can place a contract on another person without their explicit written consent and acceptance of the terms of the contract.
Even though the PoF 2012 states that charges can be "recovered from the Keeper", I cited a few precedents where the higher courts ruled that third parties (in this case the keeper) were not permitted to be drawn into a contract without their knowledge.
Granting permission to drive a car (or in this case we didn't know as we were on holiday 4000 miles away) does not make you legally responsible for the driver's actions, or accepting any contract that they enter into (with, possibly, the exception, of course, of e.g. letting them drive knowing they were drunk, etc).
The parking company's lawyers withdrew the case in full, allowing me to seek costs to date against them, which isn't always something you can normally get in the Small Claims Court. 😁
You also mention the risk of defending a court case by way of the "risk" of additional costs.
Whilst, yes, the court fee can be added onto the order final parking notice fee, the Protection of Freedoms Act is quite specific, in the sections around private parking contracts, that charges cannot mount up over and above the original fee stated in the Notice to Keeper, and there can be no double recovery by way of additional fees on top for so-called "admin".
So any court fee, even if awarded, could be contested on the grounds that it is limited to the corresponding filing fee of the £80, not any additional trying-it-on "fees".
This was also pointed out by me to their lawyers as the bill had extended to another £160 of "fees" on top of the £80 they were claiming.
Schedule 4, Paragraph 4, (5) and (6) state:
(5) The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).
(6) Nothing in this paragraph affects any other remedy the creditor may have against the keeper of the vehicle or any other person in respect of any unpaid parking charges (but this is not to be read as permitting double recovery).
That last bracketed phrase is the important bit.
Anyway, I thought I'd leave for you to consider, plus there's also Fairlie v Fenton case law in regards to who can actually sue the driver or keeper. But that's for another day...
Good advice as always.
Would respectfully suggest that first action should be to contact the company using the land - such as a Mcdonalds carpark and ask the manager if as you were using their services and regretfully overstayed, that they contact the enforcing co and cancel the ticket.
On another note, Ive always wondered if the charge notice is in fact an invoice and must have a vat no. Not sure how legal it is to supply invoices with no vat no.?
I have the same question why invoice and they do not pay tax. I asked them and they play goofy. So HMRC is lossing a lot monies
The company that looked after my local Lidl, took the photo of me dropping my partner off at work at 06:00, then the one of me leaving after picking her up at 08:10, they ignored the photo of me leaving at 06:01 and coming back in at 08:00 to collect her after work. I challenged the penalty notice informing them of their mistake and I could verify my case with cctv for my partners work. I also informed them I would be reporting the matter to Lidl and the police. Needless to say they cancelled the charge.
My friend was charged £150 once for overstaying in the Range car park. You were only allowed to stay 90 mins. She overstayed by 2 mins. I had met up with her and we had a coffee and cake in their coffee shop and then we looked around and spent over £250. She contacted the company and explained what had happened and how much we had spent, she sent a copy of the receipt and they waived the charge.
A see a number of people are saying that the machine was broken but they got a fine.
If the machine is out of order, why not take a photograph of it so you can evidence the basis of any appeal you might need to make?
When I used to drive always took a time-stamped photograph of my parked car and the relevant adjacent signage /road markings. If a parking machine was involved that was photographed too.
I have a question on this. How can the DVLA sell our data to 3rd parties? Are We not covered by the Data Protection Act?
What about dyslexia...what if you can't read this notice??
I once parked in a car park in London, and the machine to pay the parking fee was broken, so I could not take (and pay) a ticket. A few weeks later, I was charged (I don't know how much, but it was a lot) for not having paid. I tried to explain that I was not able to pay because the machine was broken, but they fined me anyway. I did not want to go to court, so I did pay for it. But I thought it was absolutely unfair to fine someone when you can't pay for the parking.
If you can't pay, you shouldn't really park there.
Two examples spring to mind. First was at a busy supermarket with few spaces left, as the person next to me (presuming the same thing hadn’t happened to them) was about a foot over the line for my bay, I had to park over the line too (end bay), while nothing came of it, I can imagine that other car going, and some smart arse snapping a pic of my car and posting it on the internet calling me selfish etc.
The other one was a friend, severely disabled wife, blue badge holder, he drove her to an out of town shopping complex, parked in the disabled bay, and went into the shop she wanted to go in.
Then they decided to go into the supermarket and get a coffee.
Supermarket was right over the other side of the same complex, as his wife couldn’t walk there, he moved his car to one of the disabled places out side supermarket.
A few days/weeks later, he got a penalty charge through the post. The reason for the charge was that there is a no return in x hours policy, and that as he had gone from one space to the other, he had returned.
I wrote them a polite letter pointing out that the rules are obviously in place to stop abuse of the parking, explained about his wife’s disability and that unless she could do this, they couldn’t use the shops. I also said that if one side of a large complexes car park is considered the same car park as the other side, then they couldn’t have broken the terms§ by returning as they never left.
They waved the charge as an act of goodwill.
The silly thing is, they won’t shop there anymore for fear of the same thing happening again.
I've had a really "interesting" debate with a parking company for the last few years. To say they seem I'll infomed is an understatement.
They don't turn at court most of the time and you can claim up to £95 loss of earnings etc. I beat them and they had to pay which they didn't like especially as I turned it around on them by threatening to send in the bailiffs to collect which meant they would have a CCJ against them.
So many things wrong with your comment.
Bailiffs don’t issue CCJ’s 😂😂😂😂
No but the courts do and that is what I had planned taking them back to court they soon paid up when I told them DON'T be picky. I beat them and that's all that matters, the crooked barstewards.
I am dealing withe one of these now.
I actually paid to park and left well within the allotted parking time.
I have sent a copy of my bank statement showing the parking fee .
And I have an authorization code from my bank.
The company involved said this is not enough evidence, and that they have no record of the transaction.
It's now been passed to a third party.
Is there a chance I could counter this company for mental stress etc?
I'm curious as to why I can't get a court hearing when I ask the council in writing over my forever mounting pile of parking tickets, I do have emails for proof of thi and would really like a good expansion as to why I can't get a hearing for any of my debts when I ask for one.
Unfortunately there's no helping the masses who fear the threat of court action and pay
I’ve found sickness and broken vehicle a excellent example for appealing
Surely the warning should be on entrance and be clear to customers?
It like a menu in restraint being hidden on a side wall crazy? You look and acknowledge and order?
Wherever possible, simply don’t park in these places. Usually Parking Eye operates as a business partner of the landowner, example a restaurant or hotel. Do your best to avoid these businesses
Parking eye are a bad offender it’s even been suggested That Barry Beavis was in with them and they only took the case to court to prove they are legally enforceable.
Beavis made some very fatal errors and his defence was as good as useless but it costs parking eye shed loads and they came afford to take 2000 people they invoice a day to Supreme Court 😅
@Ste Srad I really try. A local restaurant went into an agreement with Parking Eye. Once parking charges were issued local social media sites caused a problem. Customers locally simply stopped using the restaurant. It’s recovering now but they had to introduce a 15 minute period to leave the car park if you decided to leave without parking
I parked in a carpark where both paying machines were out of order, no other cars had tickets on & there were many spaces, so i parked for 10 minutes while I went to the bank. I got a fine in the post weeks later with a photo of my car etc, I appealed it & it got cancelled.
✔️ TOC No Comment
1st I am disabled and some of the barriers my disability present is no being about to communicate in the writing word.
On reading my comments that will no doubt have spelling, grammar and structure issues. So please work it out now you know that.
Could I ask respectfully ask that to add your forts on other laws that could be used to challenge any ticket.
I have used this and have all the evidence to support the following. I don’t fully understand how it works.
Tickets related to disabled drivers with or with out a blue badge
The matter of this issue of the ticket and “reasonable adjustments” (“RA”)
as lay out in Sc20 of the Equality act 2010.
As Without “RA” your at “significant disadvantage” compared to those customer without disabilities.
Parking ticket have a time line that the driver need to be deal with and some give a 50% reduction if you pay early.
I went over the time limit to get the discount. Doubling the fine on the two Tickets
However this was due to my disability’s impacting on me to do this task compared to a non disabled person.
Letter sent requesting RA’s, for more time.
London Council made RA’s.
However on reflection i make a mistake.
It was my intention to challenge the tickets on the bases that my disability’s was the reason for the tickets.
However because I ask for RA’s because if the time needed to deal with this I did not say I planned to challenge.
My reply from the London Council give me this time as requested but shut the door on challenging the tickets.
I could have tried to but I don’t have the skills to do this because of my disability’s
The good news it the time-lines stated in the tickets can be moved.
I will try next on the next one if it happens again.
What good alternatives are there for companies or car park owners seeking to enforce their (in my opinion) completely legitimate interest in seeing that people don’t overstay or underpay when using their facilities? (Disclaimer 1: I ask the above in a spirit of genuine curiosity, not out of any attempt to rile or annoy people. Disclaimer 2: I don’t own or in any way profit from any private car park, and neither does anybody that I know).
It's very simple they put a barrier at the entrance and the exit and make it pay on exit , you get a ticket you park, you take ticket to machine when you want to leave and you pay it then tells you what time you must leave by on the ticket, you drive to the exit and insert ticket , barrier goes up job done. This system also knows how many cars are in the car park and won't let any more in if it's full so negates the entering and no spaces problem. BUT with this system there is no scope for the scummy parasitic parking companies to issue parking charge notices which is what their entire business is all about. They don't care about parking management all they care about is how many ways they can trap motorists for the £100
@@aylesburynumptydrivers9672 Great point, that is clearly an appropriate, solid, straightforward alternative. Thank you very much for taking the time to respond, and for providing such a detailed answer.
Another problem with ANPR parking operating software is re-entry:
1) enter the area then leave a few minutes later without parking, according to contract;
2) hours later, return and park properly, buying a ticket.
The operating software logs the first entry and final exit, then incorrectly issues a Charge Notice for that whole time-period when only the 2nd period involved actual parking.
If it went to civil court, I am presuming that under the rules of disclosure you could ask for the videos of your first exit and subsequent re-entry. If the plaintiff refused to do this, then your case could get struck out.
I had a similar thing with a motorway service station. I passed through the drive thru for a coffee on my way to a customer in the morning, and later bought fuel there on my way home (I recalled this after looking at my expenses claim for that day). About two months later I get a PCN claiming I’d been there for 6 hours. I contested it and they cancelled the charge without question or me submitting any evidence.
Even if I had been there all that time, I think they’d struggle to prove it. No court is going to believe that it’s impossible for their system to miss me leaving the first time and I’d imagine any CCTV footage from the services would have only been retained for 30 days or so and would have been long gone by then.
@@archstanton5603 AIUI, the software simply records entry N1 number / timestamp / photo(?), then later mismatches the X2 exit against N1, perhaps deleting X1 as a glitch.
The parking operators seem to be aware of this problem; and, in my experience, will instantly back down before going to the Parking Appeals Service, (let alone Court). Their business model is flinging out hundreds of tickets per day to potential candidates with say 95% paying without a fight rather than risking a doubling of the fee and the time & hassle of raising an appeal.
@Pete Smith Same here. Although in my case the operator failed to send the request for driver ID within the statutory time limit (14 days?), so I refused to provide driver ID as well as pointing out the error in their system, and hinting that I would take up the matter with the local MP, council parking officer, the site landlord (their boss), local paper (who previously ran articles on the site). They emailed that they "wouldn't pursue the matter" within minutes.
@@rar497 I wasn’t aware of the 14 day thing, however, my car is a company vehicle supplied via a lease company, so any tickets go to them as the registered owner in the first instance.
I have a feeling that I followed an oversize load out of the services on the first occasion, which possibly blocked the camera. I would have thought that the software would be clever enough to realise that I must have left on the first occasion when it saw me re-enter the second time, assuming that wasn’t also blocked. The only other explanation I can think of is that the software is really stupid and discarded my second arrival as spurious as it still thought I was in the car park.
The photos on the PCN showed me arriving on the first occasion and leaving on the second with no record of anything in between. I’d imagine (for GDPR reasons) that any photos/data are deleted once processed if it deems them to not be of interest, so those records probably don’t exist.
@@petesmith2234 re 14 day thing: Yup, the putative contract is between the *driver* and the *site owner*, and is managed by the *parking operator*.
The parking operators have a time limit to request the ID of the driver from the *registered keeper*, and within that time the keeper has a duty to provide the info or pass the request on to A.N.Other who can provide the info. Outside that time the keeper has no obligation to provide the info; (how many keepers incriminate themselves in their appeals by saying "when I drove into the site..." instead of "I am informed by the driver that..."?).
Also, it is worth noting that the site owner's interests are good relations with the local community and local council officials and local media, they are inclined to give drivers the benefit-of-the-doubt and avoid over-aggressive enforcement of their property rights.
Not so the parking operators: their profits come from trying it on with as many drivers as possible if there is any chance of a charge. It is not in the operator's interest to interpret any dodgy/spurious/ambiguous claim in the drivers' favour. Site owners ("landlords") engage parking operators to run their site. Try pointing out to the operator and the landlord that they are harming the landlord's reputation by this behaviour, maybe they won't have their operating contact renewed.
What if you had a wide vehicle (an American Hum V or vintage Alvis for example) and the bay was too narrow to enable you to park between two cars (all vehicle parked within the bays as marked) but unable to open the door to access the parking meter or leave your vehicle? I realise that you are parked in a bay but surely it's an implied contract for you to be able to park AND LEAVE your vehicle?
Can you do a video follow on. As in the beavis case it was ruled that the £85 was a fair charge and would include any debt recovery costs and still leave the PPC with an income. Yet now every PPC (except parking eye) continues to charge the most they can £100 but then add in another £70 for debt recovery. They say they are allowed to do this because the trade association (bpa/IPC) say they can in the code of practice. BUT it is illegal under pofa 2012 schedule 4 to do this when chasing the keeper. As the only amount allowed to be claimed by virtue of the transfer of liability to the keeper is the amount stated in the notice to keeper.
The beavis case was very specific and the judges went to great lengths to point out that the ruling was specific to that case and circumstances. These parking companies love to throw beavis ruling at you but often it doesn't actually apply. The £85 was essentially deemed as a commercially justifiable amount to deter abuse. They basically rode a coach and horses through contract law. You are correct in that the additional debt recovery charges are essentially not allowable and have been struck down often times before and should always be challenged. The charge as indicated on the PCN, filing fee and limited solicitor costs of £50 are usually the only allowable add ons.
HI Black Belt Barrister, I'm in a situation now with TFL, & could do with some advice although the situation is currently pending under investigation. I actually bought my new car on the day HRH passed away. I live in Bedfordshire but commute to Central London / Holborn for work with a small Construction company. Normally I travel to a colleagues home also in Bedfordshire & then we travel to work in a Company Van which is ULEZ compliant but the boss pays the Congestion Charge.
However on this occasion my colleague was on holiday abroad and I'm not insured on the company vehicle so I used my own to come to work in London. My boss actually compensated me for the charge so I have the money to pay it plus it was an easier option rather than him having to add my vehicle to his TFL account when I already have my own.
I received 4 PCN notices each for £80 because I drove into Central London with my new vehicle. Never mind the fact that I actually drove in on 6 days, this shows me how inadequate their systems are. Anyway I had setup my old vehicle on the Autopay system via the TFL website. The whole reason I chose this option was so that if I accidently drove into the congestion charge zone & forgot to pay in time the cost wouldn't escalate & there would be no issue with fines, the ANPR system would automatically scan my car details & just bill me accordingly.
Once I bought my new car I've gone onto the TFL website & updated my new vehicles details. I still had 1 last ULEZ charge on my old vehicle because I drove it into London to Part Exchange it for my new one. My new vehicle is exempt form the ULEZ charges.
But when I've contacted the various departments at TFL about this issue, the accounts department where able to see what happened & told me the TFL site is quite confusing but they didn't have the authority to cancel the PCN's. I'd have to speak to enforcement. They had seen I'd gone on the site & added my new car, but that I'd not followed through with the Autopay setup & paid the additional £10 to do so. The woman told me I'd updated the details in the wrong place then she commenced to do it for me over the phone there & then.
My new vehicle was on their Database excepting that it hadn't been setup with the autopay, so their crappy system didn't know to charge me. My payment details where already on the TFL site I'd seen them & the details wouldn't change with me having a newer car, and nowhere on the site does it tell you that you have to add payment details each time you add a vehicle to your account.
The Enforcement department came back with the PCN's are valid and that I could set up a payment plan. I didn't agree to this because I know submitting payment is like admitting guilt & normally closes the case with any parking disputes you may have.
So I've entered what happened on the website & included all of the relevant PCN's & am waiting for them to conclude with some kind of internal enquiry. The amount I have to pay is frozen whilst this enquiry takes place, but the figure would normally double. Plus I don't hold much hope for these type of appeal procedures anyway. I know if they rule against me there is another London Parking Ombudsman that I can appeal to but that decision would be final.
Sorry for the essay but any help you could offer would be greatly appreciated, if they decide to rule against me, but I am still awaiting the outcome of their revue. But please keep up the excellent JD coverage & legal advice too.
How do you stand if you parked in a hotel and were told by the hotel that the there was no screen in which to register? And that the system was switched off. Only to get a parking charge notice through the post a month later. Which happened to be 2 weeks after the notice says it was issued. That's a bit crafty too.
I've had three tickets. One was the road behind the University of Hertfordshire. My successful appeal was that the small signs were not obvious and the person ticketing waited for the whole road to fill up, then ticketed everyone there. 20 or so cars. The next was a successful appeal where I stopped my car on double yellows at Luton airport to pick up my wife in torrential rain rather than meet her at the car park. Finally is the one I lost. The leisure park in Stevenage, a place set up to make as much money from tickets as possible. Three of my passengers went into McDonald's on site whilst I carried my daughter's suitcases to the railway station next door. The attendant had ticketed my car within minutes. Their appeals system involves a nonstandard procedure which involves them asking their mates to adjudicate.
we got caught no paying because of blue badge that they didn't except,fine came to door but instead of fighting we sent check for 50 min plus £10 admin charge which was far cheaper,now after 4 year no word from them.
Last year me and a friend parked our motorcycles in Canterbury in a car park next to the bicycle bays (there was already a motorcycle in one of the bays chained to it and the car park itself had no motorcycle bay) the reason we didn't park in the bicycle bays was because our cruisers were too big to fit in, so we parked literally next to them. We came back 15 minutes later to find we had tickets and that the attendant had wrapped the tickets around the throttle cables of our bikes. Note the sports bike in the bay didn't get a ticket. But what a Bastard. Obviously we paid the PCN but still guy must have been a jobs worth
Most terms of car parks need some time to read, not something that someone can do while driving. We especially shouldn't be expecting people to start distracted driving, or worse that they have to stop on the main road and risk a traffic offence just to avoid a PCN. Surely it must be reasonable for someone to enter a car park, park their vehicle some where safe, have time to review and reject the terms and choose to leave the car park without a fee. This can take more than 5 minutes if the carpark entrance gets clogged with traffic or queues have formed (I have personally spent more than 45 minutes queuing to leave a card park before). It can also mean you have to take a ticket before a reasonable opportunity to review the terms and reject if necessary. I'd be curious to hear other peoples thoughts on this.
Got a parking charge 2 days ago at the hospital. The car park is free for 4hrs. When I arrived there was a monsoon so I rushed in the door as I was already like a drowned rat. I was handing in equipment to the IT dept for repair on behalf of a colleague. I completely forgot to put a ticket in the car. Unfortunately the IT dept asked me to wait so I was there for 30mins. Result a £70 charge reduced to £40 if paid within 14days. 😢 Given what you have said about the charge being reasonable is this level of charge reasonable considering the car park is free. Moral of the story- don’t do favours for colleagues and remember to get a ticket.
I've got a weird one going on at the minute. I parked in a pub car park that was near a railway station on the outskirts of London. I was obliged to purchase a ticket from the machine but then handed it to the pub barman and he validated that I was a pub customer and refunded me the parking. I am now being pursued for for contravention ie they don't appear to have been notified by the pub tht I was a customer. Chances are as my reg includes a 0 that its been typed as an O. I can prove I was a customer that evening from bank statement. I'm challenging the penalty obviously how can they prove otherwise that ut was me that didn't comply rather than the pub didn't input the right information?
What about the case where you get an hour free then have to pay for the second hour but you must buy the ticket for the second hour on entry to the car park?
Could that be deemed as an unfair clause?
Oh they do better than that. 1 hour free but then they say £1 per hour, but deep in the small print they will say that any stay over 1hr has to be paid for in full. So if you do stay over 1hr you don't get the free hour.
My son recently recieved two parking charge notices for parking in his girlfriend's allocared parking space. She pays for a permit to be able to park in the bay. The company insists that the permit was not on display, but my son says he placed it on his dashboard on both occasions. However the photographic evidence shows no permit on display. Sarah, his girlfriend says she's picked the permit up out of the foot well on occasion and has since such bluetack onto the back of it since this incident. With Sarah paying for the privilege of parking in the bay outside her house, surely, even if the permit has blown off the dashcommon decency should ensue? The parking company are well aware of the details of the permit, so they know its genuine, yet they still insist on perusing my son for payment despite already being paid for the permit. The parking permit is not car specific and so any car used by Sarah can park there if that's the car being used by her, or the couple. Despite being given evidence of the permit the parking company has now handed the ir claim over to a debt recovery company, and are threatening court action. The whole thing wreaks of corruption to me. Is my son breaking any laws by not paying?
What if the lines and spaces are very small such that a larger car may not be able to be fit fully within. I haven't seen that condition or notices anyway anywhere I park which is lucky because many cars do slightly exceed boundaries especially length wise.
Can it be said that as the Uk let's people from other countries visit the UK and they don't speak the language that a contract is formed, because they can not read the English Sign? Not that it matters as if they are in non Uk vehicle there registration could not be accessed anyway.
a couple of hears ago the Mrs parked her car in a carpark in Ashton, she used the closest meter to where she parked which was also located in the car park, a week later she got a parking charge notice through the post, she challenged it and received a copy of the photograph through the post, it transpired that particular line of the car park was covered by a meter located outside of the car park almost 80 meters away, it felt like this was a setup deliberately created to extort people, because of the challenge she was compelled to pay it in full
Last time this happened to me, It was for really petty reasons, one of my guys collected someone from a hotel car park, didn't even park, just waited 5 mins for the client to emerge form the hotel, £100 'invoice' arrived as a result. So I sent them an invoice for an 'Administration fee' for assisting them to identify the driver for them (it wasn't me driving btw, it was one of my employees but I know who it was). My invoice was for twice what they were charging me. In my letter I carefully stated that if they replied and did not provide a clear face picture of the driver with dates and times clearly marked to assist in my 'investigation' they are accepting my terms and my charges and subsequent charges for any additional letter or phone call, with a deadline of 14 days to pay otherwise it was automatically escalated to the small claims court, at their additional expense............ They cancelled their fine (and so did I).
It may make a good video to also point out that the PCN has to comply with the requirements of Pofa 2012 in its wording. We received one recently, and challenged it as it didn't, and had it cancelled. I'd have happily gone to court on that one
No it doesn't. POFA is only required to engage registered keeper liability.
My son has received a parking charge for being parked in his own allocated bay outside his flat because a parking permit was not displayed. It had been displayed, but had obviously fallen off his dashboard, as it was on the floor of his car the next morning. We have appealed and lost, appealed again and had a long letter back from the adjudicator saying the parking charge notice was properly issued and appeal dismissed. Where can we go next?
I received a parking charge notice for overstay. I did not in fact overstay I visited Marks and Spencer Woodley carpark to collect an item bought online on 1st Feb I stayed around 20 mins maximum in the carpark , which is free to park in for up to 2 hours. The following day i returned to the store to return the item as it was not suitable again i stayed for a very short time certainly less than 30 minutes. I then recieved a charge notice with the anpr clocking me into the car park on the 1st Feb and leaving the car park the following day. When in fact I made two separate short visits with a 26 hour window. What do I do?
I drove up to a Tesla Supercharger in a hotel carpark. Last year you could just charge up. This year there were signs telling you had to pay to park, with no apparent exceptions for drivers charging their car up. You could avoid this by registering your details at hotel reception if you were a hotel guest. All of this is enforced automatically by ANPR camera with a £100 parking charge notice.
I very nearly didn’t notice the signs, after all we are creatures of habit. The parking guidelines only require terms of parking to be displayed, and there’s no requirement to make it clear whether terms of parking have changed. I averted a dreadful experience, but I’m sure many other Tesla drivers have been left with a very bad taste in their mouths after using that particular supercharger.
It got me wandering. If you had to pay to park your car at a petrol pump, while filling up with petrol, in addition to paying for petrol, and it was made clear by virtue of a sign placed right next to a sign saying “no smoking” (which few people notice no doubt), would you have any defence if you failed to pay/register? Is your car considered to be “parked” while filling up with fuel by virtue of having your vehicle stationary while not occupying the drivers seat, but being nearby. If not, could consideration of the definition “stationary but not parked” extend to ultra rapid electric car charging?
It seems like petrol stations could indeed find this a very lucrative source of income in the short term before their reputations become tattered. In the meantime, electric car charging is something of a Wild West.
As I understand it, the contract is formed between the parking company and the driver of the vehicle (and not the owner)
Is there any legal requirement for the owner of the vehicle to disclose the driver’s details to the parking company?
I've just received a parking charge notice for overstaying overnight. The problem I have is it was two separate visits on consecutive dates to a Lidl car park near my workplace. The issue is that they have a photograph of my car on both days 13 hours apart. I am about to appeal but Im not sure what evidence I can provide other than stating it was two visits
Here's a thought, possibly relevant when signs say vehicles to be parked "wholly within a marked bay".
On a UK driving test, one or more wheels *on* the white line would still be counted as in. Could this be argued as a defence if a charge was issued for having a wheel on the white line?
It’s a interesting question, but let’s expand this question to parts of the vehicle that overhang into another space outside the marked bay. Now common sense would tell me that no part of the vehicle should overhang outside the marked bay.
However marked bays are a two dimensional entity, and I’m not too sure whether the space above the marked bay is part of the terms of parking. Certainly the parts of the vehicle in contact with the ground should be within the outside edge of the marked area.
Helpfull video. Thanks
I've received a parking charge and have lost the appeal. So I've now appealed to popla.
I entered a petrol station in London to buy fuel, then I had a cooffee inside and stayed past the 30 minute free parking.
Now received a £100 fine. Well I genuinely did not see any signs regarding the need for payment to stay after buying my fuel.
When entering the site, It was dark and I was looking at the sign showing the price of fuel.
Google maps shows the parking sign was on the other side of the road to that sign.
When I left, again I was looking at the slip road to the left and the parking sign is on the right. I never saw any signs and I only stopped
here to buy fuel and then a coffee...
Any idea as whether I have a case to argue in court?
Also, if I am taken to court. Would it be 300 miles away, or would the parking company need to use my local county court?
Super market car parks give you 2 hours parking before you get find how can old people / Disabled exc get out in time. Also you have to Queue for up to 30 mins to pay when there are 20 more tills closed.it’s all a scam
I've just received a PCN that claims I overstayed by 3 hrs despite absolutely not staying for longer than 15 mins but returning later and leaving again. The images they have of me entering and one of me leaving but not the ones in between those times. I only have the word of an independent witness I collected and went elsewhere before dropping them off later.
We’ve had this issue, fortunately we have home cctv that showed our vehicle was at our house between the hours they said we were parked up. IMO this is presumably a common tactic which exploits a small (or perhaps not so small) percentage of people who can’t or aren’t willing to argue and simply pay to put an end to the situation
@@mikeprice5755 luckily I have a witness who can verify we left and returned later. I'm fortunate enough to have the time to dedicate to proving I didn't overstay. Perversely 'm really hoping they say I didn't leave so I can stick it to them.
@@Anthonyecc If you have location tracking history enabled on your mobile phone (Google Maps), you can prove where you were at any time.
Could you just say you weren’t the driver and are unwilling to give over the details as you are not legally obliged? If this is ok, is it best to tell parking form this or leave till if and when it goes to court?
The thing that most annoys me about this malarky is that they have number plate recognition but only use it to issue "fines" when you don't go to a machine and buy a ticket manually. Why can't you just sign up and get a Parking Eye account and have it automatically charge you for the time you spend in the carpark? This is quite common here in Norway.
Because while parking eye do the enforcement the actual direct revenue is usually taken by the land owner, two different systems.
Because Parking Eye get more revenue from the PCN's than they would if the two or three pounds excess parking charge was automatically deducted from your account.
If you can't get access to a building to type your registration number into the key pad, due to the pandemic. You have a blue badge in the car window, I did not even say in the long queue to get into the NHS building. I turned away, got back in the car and left the car park. I had not seen the alleged signs, this was not my gp surgery I only went to see if they had hearing aid batteries for my now late uncle who was bed ridden.
I recently paid for street parking run by the local authority. I had no money so paid via the Park and Go card system advertised on the parking meter. The charge should have been about 30pence but my card was charged 90pence. Surely if the meter states the parking tariff and that equates to 30 pence why if paying by card should it be any different.
Often there is a small additional fee for using systems like Park and Go.
I don't know if you get to read this. But please help. I had my Xbox one cleaned inside. Because of the amount of dust inside. Which in my mind could cause a fire. And after some 8 years ownership I decided to get a newer console. Taking it to cex, electrical second hand stores. All refused because the warranty sticker was removed. But the fct says there illigal. Plus other online searches say the same. So I'm at a loss. A sticker that serves no warranty for a console that's over 8 years old is classed as unsallable. In these stores eyes. And told no. No warranty stick, no sale aloud. Please help with this matter. Leon
I'm being chased at the moment, I dropped my daughter off at a bowling alley car park poorly light on a dark Saturday night in February, Went for a meal with my wife and then came back a few hours later, drove into the car park turned round and waited for my daughter to come out, as she was talking i was on the carpark for 20 minutes plus, nobody from the party she was at told me of any need to do anything and it was a free for customers car park. The bowling alley said after the fine had come through to send off my receipt to the parking company and it would be waived, it wasn't and its escalated from there, court date is now pending.
Any chance of a video detailing the Parking Code of Practice 2019 which appears to have been introduced in 2022 but temporarily withdrawn?
My friend had a parking fine from McDonald’s we went there in the morning for breakfast and drove out went back at lunchtime for some dinner takeaway about A week or so later we got a fine throw for overstaying he couldn’t be bothered to fight it so paid £100 even though he was not guilty as we wouldn’t have earned any money if we left his van there all day at McDonald’s why would he pay two blokes to sit at McDonald’s all day but for some reason the cameras didn’t pick him up leaving each time
What about a car park with multiple entrances and only one notice, at the ticket machine, in a position where it is not easily visible?
Strange how the terms and conditions aren't on the Parking Eye web site - or at least - I can't find them.
Where do I stand when it comes to parking within a marked bay if my vehicle is too long for the bay please?
I have a court summons for a PCN almost 6 years ago but not quite 6 years, for an over stay ie 4 hours free parking buy on event days this is reduced to 2 hours, my stay was allegedly for 2.5 hours on an alleged Events day. I do not recall any of this however ! I have 2 issues with this I’m not familiar with the law hence my ask. I asked for photos the Photos provided are of me driving the car none are of me actually parked, there contract states parked there is no mention of me being charged for entering the car park, the 2nd issues is that they claim that this was an events day, there where no signed in there evidence for this hence how would i know ?
all of companies, (if not all of them) run on business model, fining the hell out the user of a car park, and depending on how (if they even have contract on owner of the car park), share, of the taking of the parking change invoices, as part of there model of the business, I.E. the if all the customer of the car park, just payed, and used the car park, as what the customer, had intended ,the companies would make no money, e.g. make no, money hence the business, so the hole thing stacked agented car parker, with ever attempt, make it as difficult as posable, and still open look fare, even you are, are said £80 pound for at the £5 ticket is fare, and most in one lucky enough, to get the extra treatment, service, as described in there T&G's, is is a service, your as car car parker are paying for the service, by using the car park, so it's service industry, exactly like you dry cleaner, or eating out at restraints, and you wouldn't be expected to read a list of T&G's ever time you used there services, would you? that business model to be build in such a way if they didn't extract extra money from the customer would not have business? and that the ones take their own sudo, trade bodies, that are more to-do with extracting money from the user of car parks, whilst try the utmost to make not sound like regular invoice bill, for a service that must be anyone else trading bodies, if companies a higher body, that interact with there customers, it to mitigate, help the customers, which would £5 parking ticket not £80+plus with pay early get a discount like that bargain it more of a threat that lock user in just pay up, that is no more, a bargain being invoiced paying for service you don't want? just now as much?
Can you do/have you done a video on the legal and tax side of renting a room out to?
£85 for two hours of parking is not what I would call reasonable unless you were a multimillionaire. In my humble non-legal opinion, the common person would find that grossly unreasonable especially when it would probably only cost £8 - 10 for the whole day if parking in a similar parking area. These terms and people enforcing parking notices are simply con men.
Where costs £85 for 2 hours' parking?
@@stevenhodgson834 That was the fine awarded in the case that was being discussed
@@Elfin4 Ah, I see. That's been contested before (Beavis) in court and the court found it was a reasonable penalty charge to cover the parking company's costs and to act as a deterrent.