Unreasonable charge for overstay - Advice please

steken

Hi,

Firstly, I did overstay my ticket! So I don't mind if I get a fine!
I parked a little before 1pm and paid for parking until 5pm, but I overstayed by 21 minutes according to their PCN which I received today for £100!

Now when parking for four hours is £5, it seems a totally unfair charge to be fined £100 for a 21 minute overstay. Yes, there is a £40 discount if I pay within 14 days, but that's still unreasonable.

So, I think that it is unreasonable, but is there any precedent to appeal on this basis?

FYI the car park was private land outside an office location and the company was Euro Car Parks.
Thanks in advance.

Coupon-mad

Read the NEWBIES thread, this is no different from any other BPA appeal case.

Redx

steken wrote: »

Hi,

Firstly, I did overstay my ticket! So I don't mind if I get a fine!
I parked a little before 1pm and paid for parking until 5pm, but I overstayed by 21 minutes according to their PCN which I received today for £100!

Now when parking for four hours is £5, it seems a totally unfair charge to be fined £100 for a 21 minute overstay. Yes, there is a £40 discount if I pay within 14 days, but that's still unreasonable.

So, I think that it is unreasonable, but is there any precedent to appeal on this basis?

FYI the car park was private land outside an office location and the company was Euro Car Parks.

Thanks in advance.

google the words BARRY BEAVIS

in a 2 year period he lost in 3 courts arguing on the same basis (but in a free car park) - he lost , 3 times , to 10 out of 11 judges

precedent ? - YES , the BARRY BEAVIS case which he lost at the SUPREME COURT in London , so there is your precedent , which was over 15 months ago !

in other words, you have ZERO chance of using that argument

but you do have the "grace period" arguments, before and after the parking event , so you do have a good case due to being on site is not "parked" , you paid for parking , not driving around looking for a space , reading the signs paying to park etc , plus exiting the car park at the end too

so no you did not "overstay your ticket" , you parked for the duration of that ticket and paid for the privilege , you dont pay for the before and after "grace periods" either side of what you paid for

there may be other legal arguments as well, such as signage , POFA2012 failures , NTK errors

and its not a "fine" , its an INVOICE

NO PRIVATE COMPANY CAN "FINE" YOU

steken

Thanks for the comments. Noted.

I'll pay the charge then. Thanks anyway.

Fruitcake

steken wrote: »

Thanks for the comments. Noted.

I'll pay the charge then. Thanks anyway.

What? No don't pay! Appeal like everyone else does. You have already been told where to find the information on how to do this.

Redx

steken wrote: »

Thanks for the comments. Noted.

I'll pay the charge then. Thanks anyway.

very foolish idea

appeal with help from here and pay NOTHING AT ALL !!

The_Deep

I disagree with Redx, Beavis is not the final word on this, read this

http://www.which.co.uk/consumer-rights/advice/how-to-complain-about-unfair-contract-terms

In Barry Beavis's case, he overstayed in a free car park, and ignored requests from PE to pay the charge. PE paid the landowners £1,000 a week to "farm" the car park, which was adjacent to a shopping centre. Obviously therefore, it would be difficult for a PPC to rely on Beavis at a station car park when trains are delayed, in a hospital car park when appointments are delayed, or in a residential car park at any time.

You may find a judge who agrees with me, or you may find one who slavishly follows Beavis. But. if you pay it, you will find neither.

Coupon-mad

steken wrote: »

Thanks for the comments. Noted.

I'll pay the charge then. Thanks anyway.

You are joking, right? People are not that stupid.