Parking fine in retail parking area

leereni

My partner's father got a parking fine relating to several months ago when we borrowed his car to do some shopping. We didn't realise at the time but we were only allowed to park there for 3 hours but ended up staying 47 minutes over. Didn't see any notices but our intention wasn't to stay there long and having an 8 month old baby can delay things. There were no barriers or ticket machines which could assist with paying any parking fees.

Just got some legal advice.

Apparently these private companies try and bully you into paying, however have little legal footing to stand. This is due to two reasons. Firstly, they have no quantifiable loss, due to the parking being free for 3 hours in the first place. Also, a fee of £60 for staying 47 minutes would be unfair under contract law.

Anyone's thoughts please.

My intention was to ignore the letters as it wouldn't be in the interest of this company to pursue in a small claims court due to costs to them.

Redx

for a start , IT IS NOT A FINE , it is a parking charge

now read the sticky threads by coupon-mad to see what the actual help you require is based on

you will also find other examples of overstays that have had the tickets (not fines) waived by both PPC1s and also by POPLA too. I even posted one myself the other day as regards PE and an overstay similar to yours

so its all here if you have a good read , so although it sounds like you have missed any deadlines for a soft appeal I suppose it depends on what you can now invoke, or if it went to court as to what your defence may be

Ideally you would have "soft appealed" after the NTK letter was received,. Should that have failed then you should have got a POPLA code and dealt with it that way (assuming you are in England and Wales here)

so have a good read of the threads and check the dates and paperwork that you already have to see if you can still appeal or not

leereni

Yes thanks just had a quick read.

I only got told about this a couple of days ago by the registered keeper (father in law). He has now given us all the documentation and yes he got the letter within the 15 day period. Unfortunately, his English isn't very good and didn't realise. He also spends most of his time on the road and away from where the letter was sent.

Umkomaas

You need to tell us who the parking company is and whether there is any other company (debt collectors) involved in writing to your father.

Also please confirm the date of the parking infringement and the date of the first letter 'Notice to Keeper'.

Was the infringement in England or Wales and does your father live in E/W?

At face value, from what you've written, your father is beyond the point of making an appeal to get this quashed - but you aren't. It will need your father to notify the PPC that he was not the driver and give your name and address as the driver. This resets everything and the PPC starts to write to you.

We can then help you take this through the appeals process.

leereni

Thanks for the information.

The parking company is ParkingEye. No other company as of yet.

Date of parking infringement was 15/08/2013. First letter was sent 15/08/2013.

Infringement was in England and registered keeper lives in England.

Sorry, please confirm whAt you mean by PPC.

I think this parking company are there as the private land is very close to a football stadium and people in the past have used the land to park there whilst watching the match, however we went on a Monday midday and therefore not for this reason.

Father in law is a truck driver and spends most of the time away from "home". He basically lives alone.

Please assist me through the appeals procedure.

Thanks.

leereni

Sorry date of infringement was 12/08/2013 not 15

Redx

you can edit the date in post #5 yourself using the EDIT function

details of all the acronyms like PPC and NtK are dealt with in one of the sticky threads at the top of the forum

Guys_Dad

Redx wrote: »

you can edit the date in post #5 yourself using the EDIT function

details of all the acronyms like PPC and NtK are dealt with in one of the sticky threads at the top of the forum

This one https://forums.moneysavingexpert.com/discussion/4816822

But you need to do what Umkomaas says and contact PE to say that it was hubby who was driving. You need this to reset the POPLA clock and take it away from DAD.

leereni

Thanks, will do....

Coupon-mad

leereni wrote: »

Thanks, will do....

Yes but WAIT A MINUTE, get it right! Because (as Umkomaas said) the letter has to be sent by the registered keeper, (Dad), quoting the PCN number of course and stating the name and address of the driver and that they are not liable under POFA 2012. So you can do a letter but do it in the reg keeper's name only. Squiggle any signature swirl - Dad doesn't have to sign it. There's an example of such a letter in ordinaryJoe's thread if you search for it.

Then hubby waits for his Notice to Driver then you tell him how to appeal (as per the info in the 'newbies...read this now!' thread at the top).

leereni

Thanks. Will get dad to look at the letter and sign it with details. Although his English isn't very good.