Unfair ticket at BM carpark Boston

mark24369

Earlier on today myself and my wife parked in BM car park in Boston.I obtained a free 1 hour ticket from the machine and displayed in the window.The wife went into the shop before she started work and went to collect something from another shop.On the way back I went and bought a drink from BM.Returned back to my car 17 minutes before the 1 hour limit.On the window screen was a ticket! I asked the warden the reason " you never went in the shop straight away" but I explained my wife did.He stated I was the driver and I should have not my wife.The reason on the fine was "failure to display a valid ticket.The ticket was obtained at 13.06.The warden did observations at 13.07:20 to 13.33:14 and issued ticket at 13.33:23! Can he issue a ticket before the 1 hour limit and can he be allowed to observe (stalk me!). Any advice would be welcomed
thanks

Redx

wait for the NTK to arrive in the post in 29 to 56 days, then deal with it as per the NEWBIES - READ THIS FIRST sticky thread at the top of the forum , 4 down

keep hold of that 1 hour ticket, also scan it as well, use it as evidence in the future as there was no loss to the landowner here

also keep and scan any receipts you got from B&M too, again as evidence of patronage and no loss to landowner

doesnt matter even if this goes to popla, you will win with correct wording of appeals

ignore the fact they did their so called "job"

Coupon-mad

See my signature (below, not the red words) for how to get to the front page of current threads on the forum again, where you will see sticky advice notices at the top, read them first. You are one click away at the moment and every basic question is covered in 'Private parking ticket? Newbies please read this first!'.

mark24369

Just received my appeal reply and I am still being fined!
The company is Napier Parking
The evidence being used against me is totally untrue.I returned to my car to find the ticket already issued.I returned at 13.50 and ticket issued at 13.33!
The 'free 1 hour ticket' that you displayed is only valid when you are shopping in either the Dunelm Store or B&M Store, if you not in one of those stores you cannot use the free ticket. You were seen to return to your car with shopping from another shop and therefore your ticket became invalid. The signs are very clear and state this, if required we will present our evidence to a court or assessor.
So they are saying I returned to the car with shopping then the fine was issued! Totally false statement from them!

mark24369

By the way I returned with a can of Monster and a BM receipt in my pocket!

Redx

its not a fine, I am sure they never said it was

all you can do now is wait for the NTK and then appeal to popla

harsh I know, but you can get it cancelled by popla with the correct wording

I also did tell you to wait 29 to 56 days for the NTK and then appeal and get a popla code

if you have a popla code already, start drafting your appeal now, if not , its still good to get ahead of the game

my previous advice still stands

mark24369

The reply included a popla form with a code.What should I do now.Sorry for my lack of knowledge this has also upset me!!!

Half_way

Take a rad of the stickey in here.
in breif:
they can not fine you, they dont have the power or the authority - the bloke in thew car park is for want of a better word powerless

They can however charge you for any genuine loss caused by your trespass - by being parked there were you tresspassing, or did you cause the landowner a loss? and would this amount match the amount they are demanding?

to cut it back some more: dont loose any sleep over it, dont get upset, dont worry about it. it can be dealt with easily.

for now do this:
read the stickys on here they will tell you all you need to know
Wait for them to send you something in the post ( known as a notice to keeper NTK)
read up and research some more
if you want to get even print off some of these http://forums.pepipoo.com/index.php?showtopic=73598
and place them on the vehicles with tickets, if your up to it you may want to politely re-educate the parking monkey, these are often poor deluded individuals who have been brainwashed by their employees, some even believe they are issuing enforceable fines and penaltys

Take a read of the parking pranksters blog, heres a useful piece of text form that blog - you also need to rememebr that the parking company are agetns for the car park owner, the car park owner are responsible for the actions of their agents, and it is the car park owners who should be first in line should anyone want tot take action as a result of a car parking company's shenanigans.

If you do reject the challenge and insist upon taking the matter further I must inform you that I may claim my expenses from you. The expenses I may claim are not exhaustive but may include the cost of stamps, envelopes, travel expenses, legal fees, etc. By continuing to pursue me you agree to pay these costs when I prevail.

Redx

mark24369 wrote: »

The reply included a popla form with a code.What should I do now.Sorry for my lack of knowledge this has also upset me!!!

same as applies to every newbie that posts on here

ok , now we know you have a popla code you have 28 days for popla to receive your appeal, so get it in in good time

get up to speed by reading this https://forums.moneysavingexpert.com/discussion/4816822

this explains why this has happened etc https://forums.moneysavingexpert.com/discussion/4835943

then formulate your popla appeal from links in the NEWBIES thread , and post it on here for checking , minus any personal info of course

dont get mad, get even

Coupon-mad

mark24369 wrote: »

The reply included a popla form with a code.What should I do now.Sorry for my lack of knowledge this has also upset me!!!

In the newbies thread you will find a handy link 'How to win at POPLA'.

Redx

must be a purge on there seeing as thats 2 PCN notices in 2 days on the same car park for the same "contravention"