Car rolled out of bay - PCN

kaleel86

Hi,

so i suppose the title pretty much sums it up...

i parked at my local train station which is looked after by indigo. Parked in a bay as usual, got out the car, grabbed my bag and went off to catch the train. When I got back the car was to the side of one of the ramps and thankfully had made no contact with anything so was unscathed. It did have a big fat PCN stuck to the window though.

My assumption is that the electric handbrake had failed and the car had rolled out. I do know that when i got out the car, it wasn't going anywhere even though it was on a slight decline.

The security guard there said he couldn't understand why i would've parked there after which i explained i hadn't. He advised i make an appeal based on faulty handbrake but said I'd need evidence. I asked to see the CCTV footage but he said he can only see real time footage, anything before then is stored with Govia Thameslink Railway....he didn't know their contact information though

so my question is, as i parked in a marked bay and due to matters out of my control the car rolled out, do i have any basis to appeal? and if so, how would i go about getting evidence? I've sent GTR customer services an email requesting footage but am finding it hard to find contact details for the department that would deal with this.

any suggestions/advice would be appreciated.

thanks in advance

Fruitcake

Don't appeal on the grounds that the handbrake failed. Whilst it may be a perfectly legitimate fault, it won't wash with the parking company. They just want your money.

Please read the Sticky thread for NEWBIES then appeal as near to the appeal deadline as possible using the BPA template in blue from the aforementioned NEWBIES thread. Send around day 26 online or day 24 by post if online is not available. Copy and paste and send. Do not edit. Do not reveal who was driving.

Meanwhile, get your car brakes checked by a competent garage.

I'm assuming Byelaws apply in this case, so you need to drag this out past six months when it becomes statute barred. Please confirm if Byelaws are mentioned on the PCN.

George_Michael

kaleel86 wrote: »

so my question is, as i parked in a marked bay and due to matters out of my control the car rolled out, do i have any basis to appeal? and if so, how would i go about getting evidence?

Surely if a correctly applied electric handbrake fails, you would get that car into a garage for an investigation and repair as soon as possible so that garage report should hopefully be able to be shown as evidence.
Whether or not the parking company would accept it and cancel the penalty is a different matter.

Castle

You need to send them a Subject Access Request for the CCTV footage for the period in question:-
http://www.thameslinkrailway.com/contact-us/terms/privacy-policy/#section8

Fruitcake

Castle wrote: »

You need to send them a Subject Access Request for the CCTV footage for the period in question:-
http://www.thameslinkrailway.com/contact-us/terms/privacy-policy/#section8

Making sure not to reveal who was driving.

The footage will have to be redacted by the operator if it shows anyone else's VRNs, so may be tricky for them to provide.

hoohoo

Contrary to the other posters, I WOULD appeal on the grounds the handbrake failed.

This would be a case of frustration of contract - an accident neither party could have forseen.

It will look bad if this goes to court and that is the first time you bring this up.

Not all parking companies dismiss all appeals

System

Contrary to the other posters, I WOLD appeal on the grounds the handbrake failed.

This wold be a case of frustration of contract - an accident neither party could have forseen.

+1

Not all parking companies dismiss all appeals

If you don't appeal, these get passed onto ZZPS and we know what a bunch of liars they are (Copyright OFT)

Guys_Dad

hoohoo wrote: »

Contrary to the other posters, I WOULD appeal on the grounds the handbrake failed.

This would be a case of frustration of contract - an accident neither party could have forseen.

It will look bad if this goes to court and that is the first time you bring this up.

Not all parking companies dismiss all appeals

Let us look at this from a different situation. Car parked on hill and handbrake either fails or not working properly or driver forgets to apply brake. Car rolls down hill and hits either a person or another car.

Is that an accident no one could have foreseen or a form of "driving" without due care and attention and would the driver have no liability?

Castle

Fruitcake wrote: »

Making sure not to reveal who was driving.

The footage will have to be redacted by the operator if it shows anyone else's VRNs, so may be tricky for them to provide.

True but the RK can narrow down the time frame based on the ticket being purchased; they might only need 5 or so minutes so show that the car was still stationary when the driver left it.