Parking Eye Moorgate retail park Bury

timpster

I have used the resources in this forum in the past to get 4 speculative invoices for family members (never actually me) withdrawn with strong first appeals.

However, that was with smart parking and doesn’t really take much effort, in this instance my son is the registered keeper and has just received one form Parking Eye so I am anticipating my first POPLA appeal.

The car park in question was Moorgate retail park Bury, unfortunately the signs now have retrospective planning permission so that appeal point has gone.

The alleged infraction is 30 mins overstay on a 2 hour free car park, arrival time 18:44 departure time 21:14. All the shops except KFC shut at 8 pm. The driver attended Halfords but unfortunately didn’t purchase anything then went to KFC drive through and ate the meal whilst on the car park but kept no receipt. Would the fact that the shops are shut and only KFC open help against Beavis?

The NTK unfortunately arrived on time and whilst I feel it doesn’t strictly comply with POFA I take the point made by some on the forum it complies enough to convince an assessor as a standard Parking eye one.

I feel my appeal points would be inadequate signs, the driver did not know ANPR was present and unlit signs up 2-meter+ unlit pole with small print.

I am not too sure the grace period could be pushed to 30 mins but I will still include it, my reasoning was the driver parked to go in Halfords then they drove from the parking spot at Halfords and were in the drive through queue at KFC so not actually parking for over ten mins to get the food then reparked. With the 2 grace periods of accepting to park and leaving the carpark added to the drive through queue this adds up to more than 30 mins.

Obviously I will ask for the contract with the landowner and the issues with ANPR.

The only other point is that the registered keeper is under the age of 18 therefore a minor in contract law and has no income. At first I thought this was a slam dunk point but on reflection I feel I could easily argue against it as well so I don’t want to rely on this point as his main defence but I will have a damn good go at arguing it.
I will draft up a proper appeal and post on here once I get my popla code but just to get the ball rolling I intend to send the standard template appeal with this line added.


Dear Sirs

Re: *************

I challenge this 'PCN' as keeper of the car and I will complain to the landowner about the matter if it is not cancelled. I am under 18 years of age and therefore a minor so cannot be deemed to be liable for such a speculative alleged contract or breach.

(A contract entered into with a minor is voidable. This means that the minor is able to cancel any contract at any time prior to reaching the age of majority and for a reasonable time afterwards.)

…………..rest as in the template.

And thoughts would be greatly appreciated.