What constitutes 'parking'

mikejl

Having just been sent a PCN. I woukld like to establish what is meant by 'a parked' vehicle.
The PCN that was sent to me shows photos of my car entering and leaving the car park.
This is a car park on a retail park. There is no parking charge. Just a 2 hour limit.
I was 'parked'..in that my vehicle was left unattended whilst I went shopping, for about 1 hour 55mins. But the time logged going in and out of the entrance has me at 2 hours and 10 minutes.
I know for a fact that on return to my car, my son and I ate a burger before driving off.
Now because i am in the car does that count as parking. As my car was not unattended!
Do they have to prove I was parked for all that time. It can also take a few miunutes getting in and out of the car park due to queing traffic.

spacey2012

All they have to prove, is you are a mug who will take them seriously.
They have no legal right to charge you, ignore, all they will do is huff and puff and write nasty letters full of as we say down here, best twaddle money buys.

Sir_Roger_deLodger

Who has issued the "PCN"?

adouglasmhor

Is it from a private parking company?

If so ignore it and read the stickies at the top of this sub-forum.

tom9980

mikejl wrote: »

Having just been sent a PCN. I woukld like to establish what is meant by 'a parked' vehicle.
The PCN that was sent to me shows photos of my car entering and leaving the car park.
This is a car park on a retail park. There is no parking charge. Just a 2 hour limit.
I was 'parked'..in that my vehicle was left unattended whilst I went shopping, for about 1 hour 55mins. But the time logged going in and out of the entrance has me at 2 hours and 10 minutes.
I know for a fact that on return to my car, my son and I ate a burger before driving off.
Now because i am in the car does that count as parking. As my car was not unattended!
Do they have to prove I was parked for all that time. It can also take a few miunutes getting in and out of the car park due to queing traffic.

is this a council or private parking ticket? which company? to me your post suggests its private most likely camera operated. If that is true IGNORE them.

To confirm you were indeed parked while eating the burger. Doesn't make the ticket enforceable though.

The_Slithy_Tove

mikejl wrote: »

I know for a fact that on return to my car, my son and I ate a burger before driving off.
Now because i am in the car does that count as parking. As my car was not unattended!
Do they have to prove I was parked for all that time. It can also take a few miunutes getting in and out of the car park due to queing traffic.

Yes, that is still parked. Yes, they would need to prove you are parked for that time, and not just driving round the car park looking for a space.

All academic, however, as they charge is in no way enforceable, so you can just ignore it completely.

PaulJM

There has been so much said on this matter, I don't want to say more, but do a search on here and you'll find reams on info.

If it's not the police or the council, and is a private company -

DO NOT PAY (They have no legal rights to charge you)
DO NOT CONTACT THEM (they will just get your name easier, if you ignore them they'll have to pay for it through the DVLA, and you'll never get them to withdraw anyway)
DO NOT BOTHER TRYING TO DEFEND YOURSELF, THEY HAVE NO POWERS.(They're a load of shysters and will not listen, and there is no point anyway)
IF THEY WANT TO TAKE YOU TO COURT, LET THEM. IT'LL BE A SMALL CLAIMS COURT, WILL COST THEM A FEW QUID, AND THEY'LL HAVE TO PROVE THEIR INITIAL LOSSES - THERE WEREN'T ANY. (Don't be frightened of debt collection agencies, they can't do anymore to get your money off you than I can.
DON'T WORRY ABOUT BAILIFF ACTION IF THEY THREATEN. (this could only happen if they won - which they never have - and you didn't pay the court)

If it's the council or police - they have more powers, so you have to take action, but there are resources here to help with that too.

NotanIdiot

Ignore it. They have no more right or ability to charge you squat all than I do.

mikejl

Just been on the popla site...useful info...



"Charges for breaking a parking contract must be reasonable and a genuine pre- estimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken. For example, to cover the unpaid charges and the administrative costs associated with issuing the ticket to recover the charges. Charges may not be set at higher levels than necessary to recover business losses and the intention should not be to penalise the driver".
So as it was a private car park with no charge to park..they have incured no loss and I pay zero...upon reflection I doin't need to bother about what is or isn't parking. I suppose it's irrelevant really. Thanks for the replies though.

Stroma

The important part of this is the landowner, so you look at the charge and the company behind it, very few of them are landowners, this does not reflect the loss to them. So in summary these scammers have no right to even go to popla according to what has been quoted.

Kite2010

Unless there is a sign up in the car-park offering you the chance to pay for more than 2 hours parking at a 'reasonable' fee (for example £7 for 24 hour parking), the losses suffered by the landowner are zero.

By being 1 minute late leaving the car-park does not cost them anything.