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Parking eye - Broken down car??

Hi All,

Help please!!

The situation: we parked up in a retail outlet in Bradford at 9:42 pending a visit to a solicitor to sign off on some mortgage paperwork.

When we went to start the car the battery was flat. Called the AA and they could come out but not until after 1 o'clock.( this was about 11oclock). We had to pick our daughter up from school hence why the delay on the call out. So the car was left in the car park whilst we did in our second car.

The AA came out and bumped the car to get it going and we left the car park @ 14:11.......

Then the parking fine of £50 came as we have entered the car park @ 9:42 and left @ 14:11, over the max 3 hours stay.

We have proof that the AA man had been.

Question is do we have a leg to stand on if we appeal this?.

Any help gratefully received

Many thanks

Nick

Comments

  • Half_way
    Half_way Posts: 7,401 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Unless your amputee you have two legs to stand on.
    In theory they should cancel, especially if you supply proof that your vehicle was disabled and consequentially not parked
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Fruitcake
    Fruitcake Posts: 59,419 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It is not a fine.




    Read the Sticky thread for NEWBIES and appeal as keeper using the template letter therein. Add "frustration of contract" (look it up) to your appeal and state your car had broken down. Include the proof of AA attendance, but do not mention who was driving under any circumstances.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • catfunt
    catfunt Posts: 624 Forumite
    Fifth Anniversary 500 Posts Combo Breaker
    The_Deep wrote: »

    All very well if it's a Council ticket - but we are talking Parking Eye here. They would just sit and laugh at that cos they want your money!!

    Appeal to PE and include proof of the breakdown. They may see sense and cancel the charge.
    If they don't, they have to provide a POPLA code.
    There are a number of points on which you can win a POPLA appeal. You could include the breakdown but the old POPLA did not take any mitigating circs into account, only points of law. but I don't know about the OSL incarnation of POPLA....

    If you lost at POPLA, then you have the option to ignore and wait for them to take you to court. I remember reading a case which the judge threw out, as he felt it was wrong of the PPC concerned (not PE, IIRC) to persist with a case where the motorist had obviously broken down.
    I dont think it will come to that here though.
  • Ok,

    So we appealed and sent a copy of the AA breakdown sheet.

    Email received today cancelling the charge

    Thanks all for the advice

    :j
  • Ralph-y
    Ralph-y Posts: 4,637 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    well done ......:j

    I hope you took the time to read trough the newbies thread ....

    so as to understand the wider implications of such scams .... ?

    if so please do so now ;)

    so ...

    now your mission is to let all your family , friends , acquaintances know all about such scams and what to do if they fall into such pitfalls ...

    Ralph:cool:
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