Seeking advice on "parking charge" for stopping and loading for 2 mins

danlee1001

Hello,

My wife, as keeper of the vehicle, recently got a "parking charge notice" from Parking Control Management, a member of IPC. I don't think her situation is covered by the newbie thread, so I'm looking for a bit of advice on whether we have a slam-dunk case here...

The private road in question leads up to a train station (whose main drop-off area was closed). On one side are a series of 20 minute free parking bays controlled by PCM, clearly signposted. On the other are some double yellow lines (without legal force I presume) outside a supermarket.

The driver pulled up on the double yellows to collect a passenger coming from the train station. The driver got out of the car to open the boot (the ignition was left on, though hard to find objective evidence for that) and load the passengers bags, the two then swapped so that the passenger was now the driver and left.

The whole thing took less than two minutes (as shown in the photographs we’ve been sent) and there was plenty of room for cars to pass (again, as shown in their photos). But they’ve sent a “charge” to us on the ridiculous basis that the sign next to the bays way over on the opposite side of the road says “by parking or remaining at this site otherwise than in accordance with the above you, the driver, are agreeing to the following contractual terms: you agree to pay consideration in the form of a parking charge…”

Nothing – at all – about stopping or loading. I just don’t see how what happening could be called “parking or remaining” – but perhaps you guys know otherwise. Plenty of other cars were picking up people on the “double yellows” – this driver’s mistake seems to have been walking round to the boot for 1-2 minutes. There is a small “no loading” sign further up the road – but in the part of the road that is publically owned. I also don’t see how the 2012 Act holding the keeper liable can possibly apply if no parking (under any reasonable definition) occurred.

Anyhow, they’ve rejected our appeal by simply asserting that we were parking without explaining exactly why – so it’s IPC arbitration next, which I know you guys are highly suspicious of. Just wondering if there’s any precedent for what arbitration or a court would think about this sort of case.

Many thanks for reading this long post and apologies if I’ve put this in the wrong place or missed something.

Redx

if its private land its yellow graffitti

court is a lottery so nobody can tell you if you have a "winnable" case

and the Beavis result next mkonth may move the goalposts once more

I have never heard of a "slam dunk" private parking charge court case either

each case is based on its own merits , even if you saw a solicitor or lawyer you wont get a guarantee of the outcome

it is what it is, so if it ever goes to the small claims court you may get your answer , until then its pure speculation

ps:- the IPC is a kangaroo "court" , so there are no precedents there

The_Deep

It is IPC and ISA, perverse. corrupt, incompetent, anonymous decisions, not worth the paper on which they are written.


Do the appeals, if you lose, ignore, they are unlikely to go to court with such an unfair ADR system in place.


Also, there is the v.a.t. aspect,
This company appears to have a problem with v.a.t.


If this is contractual charge as they claim, it is a fee for parking and thus vatable.. Have they accounted for vat on their paper work?


If not it becomes a breach of contract . No vat is payable but it can only be enough to compensate them for losses arising as a result of the the breach, i.e., no staff uniforms, N.I. contributions, etc., and GPEOL applies,


Ask then for a vat invoice. If they ignore, (which they probably will), it would be a useful stick with which to beat them if it gets to court.


More reading here


https://forums.moneysavingexpert.com/discussion/5087925=
https://forums.moneysavingexpert.com/discussion/5033796=
https://forums.moneysavingexpert.com/discussion/5195437

If you suspect tax evasion go here

https://www.gov.uk/government/organisations/hm-revenue-customs/contact/reporting-tax-evasion