Is there a difference between parking and waiting?

BruLuc

Hadeon wrote: »

How on earth can the OP appeal a PCN that's already been paid??

I think that's answered my first question in relation to the possibility of an appeal. In which case my main aim is now to determine whether I would have had a case to appeal in which case I will argue with the lease company that they should pick up the cost rather than me.

Hadeon

BruLuc - it would help if you clarified the timeline of events, viz what exactly did you receive & when in relation to the date of the contravention itself.
Also what exactly do the T&C's in your agreement with the lease company state with regard to parking contraventions & the like.

Fergie76

As posted already, post this pepipoo. You may not have grounds for appeal the basis of that the ticket was issued, but pepipoo people find lot's of tickets that are fatally flawed through bad wording etc.

I take it, it was in the lease t&c's that any tickets would automatically be paid? Although, I would question the lease company on what evidence they have that a contravention had taken place.

muckybutt

Its my understanding that once a council ticket is paid then the matter is closed, there is no going back or appeal on a paid ticket as technically you have admitted you were in the wrong and accepted the fine.

Providing what the terms of the lease are your only recourse would be to persue the lease company in small claims court as they took the right of appeal away from you. Who are the leasing company ?

taffy056

It must be an unfair term in the contract if they automatically pay tickets, they are taking the right to appeal away from the driver, they are basically pleading guilty on your behalf, that can't be right!

If I was you I would pursue the leasing company, and if they take payment from you I would do a charge back on the card!

Makes you wonder if they would pay a fixed penalty speeding ticket as well

BruLuc

Thanks everybody for your responses and thanks for pointing me towards pepipoo - I've not heard of them before. I'll post the details there and see what response I get.

I will concentrate on whether there is anything wrong with the PCN - the lease company paying the fine is a different issue and one for which I look forward to "entering into discussions" with them if it transpires I would have had reason to appeal.

I suppose my biggest disappointment is my recognition of my ignorance in relation to the technology now being used to detect parking offences. I've been driving for nearly 40 years and have never had a parking fine. I was naively still under the impression that someone had to "slap" a parking ticket on the windscreen.

If I known that this area was being surveilled I would have been prepared to drive around the block a number of times while my daughter got the sandwiches and coffees - adding to both the congestion and pollution in London (we had been travelling for nearly three hours and we needed to pick up some refreshments). Where I had stopped was not causing any inconvenience to anybody and if a vehicle had come along that need to use the loading bay I would have moved on.

Oh well, you learn something new every day - even after 40 years behind the wheel!

withabix wrote: »

Must have been a very large cup of coffee if you considered it was an appropriate use of a Loading Bay???

Would one grande and one venti count?

Hadeon

muckybutt wrote: »

Providing what the terms of the lease are your only recourse would be to persue the lease company in small claims court as they took the right of appeal away from you.

taffy056 wrote: »

If I was you I would pursue the leasing company, and if they take payment from you I would do a charge back on the card!

The OP has stated that the lease company are 'requesting payment'.
That request can be challenged/denied which would suggest that issues of the OP taking the LC to the small claims court or 'doing a charge back on the card' do not appear to be relevant here.

Should the OP refuse the LC's request it is of course open to them to take him to the small claims court.
However, under the circumstances, & on the basis of the details posted, IMO, I doubt that such a claim would succeed.

Any 'administration fees' due to the LC should of course be paid in any event.
Much depends on the T&C's, but the OP has not clarified what they are.

KillerWatt

BruLuc wrote: »

The second part, and the reason I'm hoping I can dispute it, is that I was sitting in the car with engine running in a loading bay while I was waiting for my daughter who was queuing in a coffee bar to get some refreshment.

Loading bays are meant for delivery vehicles, not for those that are too f****** lazy to walk more than 10 yards to the coffee shop.

You got a ticket for abusing the loading bay rules (they are on the same sign that told you it was a loading bay only), so you have no choice but to pay.

Get the £30 off your daughter, and tell her she'll have to walk next time if she doesn't wanna pay £35 for an already overpriced Starbucks :rotfl:

Hadeon

BruLuc wrote: »

I will concentrate on whether there is anything wrong with the PCN - the lease company paying the fine is a different issue and one for which I look forward to "entering into discussions" with them if it transpires I would have had reason to appeal.

My apologies, it seems that I have misunderstood you with regard to the important issues revealed in, & the purposes behind your initial post.

It appears now that you will in fact be quite happy to 'roll-over' & re-pay the lease company 'if it transpires' that there are no 'flaws' revealed in the PCN.

Given the opportunity, you would have been able to make initial written informal representations to the Council purely on the basis of the 'mitigating' circumstances you outlined.
The LC apparently denied you that opportunity & thus disregarded the possibility that the Council may have allowed those representations & quashed the PCN. (not very likely, but then that's not the point).

There seems little purpose to further speculate on the NTO & further appeals procedures.

All very strange IMO, but then it is your call.

taffy056

KillerWatt wrote: »

Loading bays are meant for delivery vehicles, not for those that are too f****** lazy to walk more than 10 yards to the coffee shop.

You got a ticket for abusing the loading bay rules (they are on the same sign that told you it was a loading bay only), so you have no choice but to pay.

Get the £30 off your daughter, and tell her she'll have to walk next time if she doesn't wanna pay £35 for an already overpriced Starbucks :rotfl:

Where did you getthe idea loading bays are for delivery vehicles only ? Before abusing people get your facts straight, and if abusing people is your form of advising forum users, why even bother posting ? You offer nothing constructive at all