Parking ticket for parking before opening time

Daman2971985

Hi everyone,

I picked up a parking ticket recently and am trying to work out if I should/could fight it or not. Ive contacted the store in question but don’t want to start an appeal against ParkingEye if I’m doomed to fail as I will admit I read the signs wrong in this case.

Basically I dropped my partner off at hospital for some tests early one sunday and had a few hours to kill before I had to collect her again (it was a bit too far to be worth driving home). The Range has a store near the hospital so I figured I pop in there and do a bit of browsing.

I didn’t know what time they opened, so I pulled up in the carpark far too early and they weren’t open. I decided to wait for the store to open as I had no-where better to be. Long story short I got a ticket for being in the car park to early. (I was within the max time limit though)

I checked later and the signs do specify times that the car park can be used, and I did enter the car park too early, I just didn’t notice them. (I just clocked the big ‘2 hours or less’ part of the sign and went on in )

So does anyone think i'm barking up the wrong tree by wanting to argue this one? I don’t have any receipts from the range as i didn’t buy anything on that visit :-/

Thanks to anyone who has read this far!

System

I checked later and the signs do specify times that the car park can be used

Thats a winner at POPLA. Just appeal on the basis of the incoherent signage, get the POPLA code and win at POPLA.

The_Deep

They have obviously lost nothing, the cannot claim commercial justification, Beavis is irrelevant, they have a mountain to climb. Appeal and cost them money.

bazster

I wish someone had told the CoA and the Supreme Court about this little wheeze. So much for commercial/social justification.

Herzlos

Appeal with the usual points and add in:

Failure to mitigate loss; if parking was not allowed before the stores open, the gates should have been shut.

But first, go back to the range and kick up stink about it, and if they don't cancel it, wait for the Notice To Keeper in the post in 29-56 days, then appeal.

I'm sure had you known they didn't want you parking that early, you wouldn't have. But they made no effort to make that clear to you (because you didn't see it). In any case, you cost them nothing.

Daman2971985

Thank you all for your replys!!

IamEmanresu, sorry but that was a typo, it should have said that I checked later and the car park CANT be used outside of the stores opening hours :-/

I have decided to appeal, and am adding in the ‘failure to mitigate loss’ statement (thanks Herzlos), and am also going to add a statement that the latter they sent was incorrect, as their PCN notice states clearly that there is 0 hours 0 minutes free parking at the store, something that is completely wrong (maybe true for certain times, but not in general )

Thanks all, I will post my results as and when I get them!

Herzlos

So they've already sent you a letter? How long after this supposed offence did it occur?

Did they also give you a windscreen ticket or did they use ANPR?

emma.b123

Wow, that does seem incredibly petty and unfair
Like the other posters, I would definitely recommend challenging: especially on the grounds they have experienced no commercial loss as a business. The only rebuttal I can think they may come back with, is if the parking needs to be free for pre-opening deliveries etc. Is there a clear case that there was no obstruction and you were in a 'normal' bay? It might also be worth noting on the claim that you were there as a prospective customer, and the vehicle was not left unattended, therefore it could have been quickly moved if the need arose. Good luck!

Umkomaas

their PCN notice states clearly that there is 0 hours 0 minutes free parking at the store, something that is completely wrong (maybe true for certain times, but not in general

That's an indication that your vehicle registration number needed to be input either at a car park machine or an in-store terminal, I guess saying if you didn't input the details there is 0 hours, 0 minutes of free parking.

Daman2971985

Still waiting on a reply from ParkingEye, so don’t know what rebuttals they plan on trying yet but time will tell!

Herzlos, yea they sent through a letter, it was an ANPR system (with photos included in the letter). With regards to dates,
The ‘parking event’ occurred on Sunday 19 july,
They issued their ticket on the Thursday 23th july,
The letter got delivered on Monday 27th july.

Emma.b123, yea definitely a normal bay, it’s a reasonable sized car park, and I wasn’t even parked close to the store anyway so definitely not blocking anyone!

Umkomaas, it was a ANPR system, so not sure how that applies in this case? I assume it’s a case of they are saying that there is no free parking outside of the stores opening hours.

Again thanks for all the replies!

enfield_freddy

I assume it’s a case of they are saying that there is no free parking outside of the stores opening hours.




yes there is free parking outside of store opening hours , however to use this facility you must enter your reg No in the terminal situated in the range


please note the ranges opening hours are clearly displayed on its front door


have a nice day