Across a line

bobhig

Can anyone help or has been in a similar situation please?

I parked on a retail park - a free car park for the first 3 hours.

I was in a rush to get to McDonalds to use their bathroom as I have a gastric condition which creates urgency sometimes!

I parked on a row outside MCDonalds in the 2nd space from LH end. The 3rd space was occupied by a large mobile home and was as wide as a space. I park to the left of it at a safe distance but I was across the line of the space on the LH end. The space on the LH end is not useable because of a post erected which is used to chain off the car park of a night. Very very few cars ever park there.

The car park is free after all although the sign says 'park in marked bays' which is why I got the ticket and within 10 minutes of parking!

Certainly there was not potential loss - car park is free! Next space was unuseable. Mobile home was too wide for a space really.

Anyone had a similar experience i.e parked over the line? I think it is petty and unfair and a £100 fee is ridiculous.

Many thanks

Bob

MothballsWallet

Have you had a look through the Newbies thread? If not, please have a look through it with a cup of tea (or your favourite beverage) for now.

I'd wait for someone more regular like Coupon-Mad (C-M) to reply - you could have an appeal point in the Equality Act and C-M is really strong on these situations.

bobhig

cheers thanks...

Coupon-mad

Certainly there was not potential loss - car park is free!

That's not an argument that can win at appeal/court and nor should you give away who was driving.

See the NEWBIES thread to understand why it's important the registered keeper appeals (either use the template appeal show there or a version which does not mention the driver except in the third person).

Complain to the McDonalds Manager in person first and foremost. Be assertive but polite as sometimes they are happy to just cancel these at some McDonalds (do not bother with Head Office McD's).

If it is MET or another BPA member, the keeper can normally win this at POPLA so send the appropriate appeal once you know what NOT to say about the driver.

MothballsWallet

Coupon-Mad, I was advising bobhig to wait for your advice as I thought their mention of a medical condition in their OP may be a protected characteristic under the Equality Act.

Coupon-mad

Yes, good point. A long-term gastric condition likely to last more than 12 months or remit/repeat over more than a 12 month period, which affects daily life, is certainly covered under the EA. Therefore a service provider would have to justify their actions if disadvantaging a consumer and should make a 'reasonable adjustment' to remove any barrier causing inequality.

If this is a private ticket or a Council one, the OP should mention the medical needs of the driver in the appeal (but in the third person of course, if a private 'ticket', written from the registered keeper's perspective, so as not to name the driver).

bobhig

cheers thanks... The car park is managed by UKPC. A great reputation they have!

I was thinking of appealing based on a long term/permanent medical condition but obviously that would involve sharing my name as the driver/keeper.

I guess from UKPC perspective, they will say that I parked over the line and the rule is not to do that under any circumstances. However I was forced to do that because of a wide vehicle to my RHS. Also, the space to my left was unusable because of a post erected.

I wonder if it ever was escalated to court etc whether they would consider that the space to the left was unusable anyway and so there is no 'consequential loss'? Basically UKPC are just exploiting their 'over the line' rule to make money when the rule is in fact redundant in this case.

Bob

fisherjim

bobhig wrote: »

cheers thanks... The car park is managed by UKPC. A great reputation they have!

I was thinking of appealing based on a long term/permanent medical condition but obviously that would involve sharing my name as the driver/keeper.

I guess from UKPC perspective, they will say that I parked over the line and the rule is not to do that under any circumstances. However I was forced to do that because of a wide vehicle to my RHS. Also, the space to my left was unusable because of a post erected.

I wonder if it ever was escalated to court etc whether they would consider that the space to the left was unusable anyway and so there is no 'consequential loss'? Basically UKPC are just exploiting their 'over the line' rule to make money when the rule is in fact redundant in this case.

Bob

Your first and last paragraphs are correct, the rest isn't much help in my opinion.

Coupon-mad

Do as the NEWBIES thread says. Send the standard template (blue writing) appeal, only ID-ing yourself as the registered keeper. Meanwhile complain to the retailers and managing agent/landowner (easy to Google).

yotmon

Did you obtain photographs to back up your claim that you were forced to park over the line and that the other space is not used. Every little helps !

Coupon-mad

Yes but be careful not to say 'who' parked where. Saying 'the driver' (third person) is OK.