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Paying a Vinci PCN
MaxJ
Posts: 4 Newbie
Hello, first of all!
Now, I’ve read all of the ‘sticky’s’ associated with private parking tickets and have a fairly basic understanding of the legalities associated with enforcing fines by the parking companies.
The other evening I went to the gym in Parrs Wood, Manchester. I’ve been going here for three years and have used the car park nearly every day. The car park is for the whole entertainment centre which also includes a cinema, bowling alley and other amenities.
The car park is not ‘pay and display’ and is free for four hours.
When I got out to my car, which was parked at the end of a row of around 100 spaces with about 15 cars parked in it, there was a PCN on the windscreen. I approached the parking attendant (who had just finished putting another PCN on another car) and asked what it was for. He replied “the same as this one”, pointing at the other car.
Apparently, because the cars were parked slightly over the white lines between spaces this constitutes a £100 fine, reduced to a mere £50 if I decide to take their generous offer and pay within 14 days.
Now, a lot of the other threads I’ve read have stated that they feel the PCN was handed out unjustly, for things such as tickets blowing the wrong way up on the dashboard.
However, at the site where my car was parked, there is a sign that states something along the lines of “by parking at this site you are entering into a contract with blah blah....”, and one of the terms and conditions is that you park within the defined areas.
My questions is: It seems that they have signage that explains the conditions of parking on the private land, and by having my tyre over a white line it looks like I’ve broken those conditions. Will I be able to appeal, and will I win?
I think from what I’ve read that I certainly have an argument to fight the case on the basis that the fine does not in any way represent the loss incurred, so the charge is a penalty.
Any advice is greatly appreciated, and thank you for taking the time to read.
Max
Now, I’ve read all of the ‘sticky’s’ associated with private parking tickets and have a fairly basic understanding of the legalities associated with enforcing fines by the parking companies.
The other evening I went to the gym in Parrs Wood, Manchester. I’ve been going here for three years and have used the car park nearly every day. The car park is for the whole entertainment centre which also includes a cinema, bowling alley and other amenities.
The car park is not ‘pay and display’ and is free for four hours.
When I got out to my car, which was parked at the end of a row of around 100 spaces with about 15 cars parked in it, there was a PCN on the windscreen. I approached the parking attendant (who had just finished putting another PCN on another car) and asked what it was for. He replied “the same as this one”, pointing at the other car.
Apparently, because the cars were parked slightly over the white lines between spaces this constitutes a £100 fine, reduced to a mere £50 if I decide to take their generous offer and pay within 14 days.
Now, a lot of the other threads I’ve read have stated that they feel the PCN was handed out unjustly, for things such as tickets blowing the wrong way up on the dashboard.
However, at the site where my car was parked, there is a sign that states something along the lines of “by parking at this site you are entering into a contract with blah blah....”, and one of the terms and conditions is that you park within the defined areas.
My questions is: It seems that they have signage that explains the conditions of parking on the private land, and by having my tyre over a white line it looks like I’ve broken those conditions. Will I be able to appeal, and will I win?
I think from what I’ve read that I certainly have an argument to fight the case on the basis that the fine does not in any way represent the loss incurred, so the charge is a penalty.
Any advice is greatly appreciated, and thank you for taking the time to read.
Max
0
Comments
-
All covered in the Newbies thread.
But yes, you can appeal and (if you follow the advice on here) you WILL win.
It matters not a jot what actually happened on the day - you will be appealing on 5 key legalistic points... No GPEOL, No contract with driver, No standing to issue charges, Inadequate signage and non-compliant Notice to Keeper.
So wait for you NtK then put in your soft appeal. If it gets to the PoPLA stage then do post your draft PoPLA appeal on here for comment before you send it.
You'll be paying them nowt.0 -
ezerscrooge wrote: »All covered in the Newbies thread.
But yes, you can appeal and (if you follow the advice on here) you WILL win.
It matters not a jot what actually happened on the day - you will be appealing on 5 key legalistic points... No GPEOL, No contract with driver, No standing to issue charges, Inadequate signage and non-compliant Notice to Keeper.
So wait for you NtK then put in your soft appeal. If it gets to the PoPLA stage then do post your draft PoPLA appeal on here for comment before you send it.
You'll be paying them nowt.
Wonderful, thank you very much.
Max0 -
And get it out of your head that it is a fine it is not.;)0
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