Drove round a car park for 10 mins - didn't park but got a ticket - help!

tinymontgomery

First-time post, all advice welcome.

I dropped my mum off outside Wilkinson's in a Euro Car Parks car park so she could nip inside and pick up some stuff - I had my two kids in the car (3-year-old and 3-month old) and the 3-month-old isn't very good in cars unless they're moving, so I drove around the car-park for about 10 minutes until I saw my mum come back out. I then stopped the car, mum got in, and I drove off.

I've now received a PCN from Euro Car Parks for the usual £70 or £40 if paid early. They've clocked me coming in the car-park at 10:05 and leaving the car-park at 10:21. Should I pay it or should I appeal it? And if I appeal it, what grounds should I use? Is the fact that I never actually parked in the car-park grounds enough for appeal? The only time the car was even stationary was for the ten seconds or so when my mum got out of the car and got back in the car, and even then it wasn't in a parking bay, it was just in the car park.

I suppose I want to know is it a breach of the parking contract to not actually use the car park for parking?? And if I say I didn't actually park in the car-park, but just used it as a dropping-off point and then drove around for 10 mins to keep my newborn happy while my mum came back out, is that okay?

Or should I just pay the chuffing penalty.

Ivor_Pecheque

Circling isn't parking.

But I'd add it the usual defences.

Redx

its a parking invoice , nothing more

there is a grace period before parking (or stopping , even with the engine running) and another one at the end when you exit the car park , clause #13 of the BPA CoP

the cameras have measured time on site , so I would think that maybe its a p&d car park ? , or maybe you enter your VRN in store ?

in any case, please read the NEWBIES sticky thread and appeal it, your initial appeal is in blue

your popla appeal if needed comes later, the examples in post #3 give you the grounds for appeal, you will use some of them in your popla appeal, if they dont cancel

do not reveal who was driving

in future, bear in mind that you cannot do what you did and hope to get away with it, anpr cameras are everywhere , either comply with their rules, or leave , especially if its a p&d car park

so no its not "ok" , plus its easy to "get caught" as cameras are everywhere now

but as ivor says above "circling isnt parking"

how do they know ? - because they won in court on that very point, for fistral beach against Parking Eye

so lets assume you could not find a parking spot and left

pappa_golf

the signage at the car park , does it say 1.5 hrs (or whatever) PARKING?


http://parking-prankster.blogspot.co.uk/2014/03/waiting-for-space-is-not-parking.html


driving around is NOT parking




Ps: euro carparks seems to have forgot rules brought in last year , the wording is "grace period"

tinymontgomery

Many thanks! I've read the newbies thread but couldn't find anything there or elsewhere about someone who got a parking ticket for NOT parking?

Sorry, should have said - it's a pay-and-display car park yes, you enter your registration number when you first enter the car park. I didn't do that as I had no intention of parking (knowing how my newborn gets when the car stops).

But I'm guessing your saying it's better for me to say I entered the car park, couldn't find a spot, and so exited the car-park, never having parked in it.

Also ... the template in the newbies thread only mentions "signs were not seen/are ambiguous and the terms unclear to drivers before they park." Do I keep this in or do I replace it with the actual facts, that I didn't even park in the car-park?

Quentin

tinymontgomery wrote: »

... do I replace it with the actual facts, that I didn't even park in the car-park?

Whatever you say throughout your correspondence over this (including your appeal) don't reveal you were the driver like this example!


Follow the advice in the newbies thread regarding the template first appeal (in blue) and simply send it as it's written

tinymontgomery

Quentin wrote: »

Whatever you say throughout your correspondence over this (including your appeal) don't reveal you were the driver like this example!


Follow the advice in the newbies thread regarding the template first appeal (in blue) and simply send it as it's written

Ha, that doesn't actually reveal I was the driver! But point taken.

I think I'll copy the template as is, but also add in that I would like to see proof that the car was actually parked at any point and quote the well-known case of ParkingEye vs Ms X.....

pappa_golf

they will only have a photo of your car ENTERING the car park and one of you LEAVING the carpark


one you bought a ticket the time would be logged and used to time the stay by using the exit photo , you chose to read the signage and were not happy with the terms and conditions , so chose to leave (10 mins grace to read signage and agree or not)