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Park Direct UK

Hi all - I've been reading loads of posts on here about this company and I don't know whether to pay the lower fine or appeal against the decision.

Basically, they have two photos of my car 66 seconds apart. The car was apparently in an area where there were clear signs stating that there is no waiting or parking allowed.

I believe that no ticket inspector approached the car and the photos were taken by a camera.

I believe that the car was occupied for the 66 seconds that the car was in the offending position.

Do I actually have a case for appeal?
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Comments

  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    was the driver given sufficiant time to read the signage , discover it was no parking/waiting and drive away ?

    is 66 secs long enough to do this?

    park direct are a member of the IPC

    he Code Of Practice

    The Accredited Operator Scheme is the IPC's membership option for parking operators. Membership of the Scheme requires compliance with the Code of Practice in order for members to be able to benefit from the IPC's status as an Accredited Trade Association*.

    It is a requirement for Operators who are members of the Scheme to comply with an enforceable code of practice. The IPC is required to publish this Code for members of the public to have access to.



    relivant txt

    15. Grace Periods
    15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so
    they may make an informed decision as to whether or not to remain on the site.
    Drivers must be allowed a minimum period of 10 minutes to leave a site after a prepaid
    or permitted period of parking has expired.
    The reference to 10 minutes in 15.2 above shall not apply where the period of pre-paid
    or permitted parking does not exceed 1 hour providing that the signage on the site
    makes it clear to the motorist, in a prominent font, that no grace period applies on that
    land.


    so , are you going to pay , or fight them?
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  • Fruitcake
    Fruitcake Posts: 59,417 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 1 April 2017 at 11:41AM
    It is not a fine.

    Nobody here will suggest you pay a bunch of scammers.

    I don't believe you when you say the signs were clear. I would like to see a picture of the relevant signs for you to prove me wrong.

    All the advice you need is contained in the Sticky thread for NEWBIES. We always advocate paying the lower figure of zero, not the mug's discount.

    What happened when you complained to the landowner?
    I married my cousin. I had to...
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  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    On the point of car being occupied - irrelevant for whether or not car was parked.

    If you are saying that no windscreen ticket affixed, then please tell us date of contravention and date on NtK.
  • _mw_
    _mw_ Posts: 16 Forumite
    No ticket affixed to the windscreen, just photos sent to my address.

    Date is 29th March 2017.
  • _mw_
    _mw_ Posts: 16 Forumite
    I haven't spoken with the landowner. As I understand it, this seems to be a common occurrence at this place, so I would imagine it won't make a difference.
  • _mw_
    _mw_ Posts: 16 Forumite
    Notice serve date is 29th March, date of alleged offence is 25th March.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    I very much doubt that the signs complied with the Law of Contract, they sound forbidding to me. Can you post a picture of the signs?

    Some reading

    https://www.google.co.uk/search?sourceid=navclient&aq=&oq=forbidding+signs+parking&hl=en-GB&ie=UTF-8&rlz=1T4GUEA_en-GBGB707GB707&q=forbidding+signs+parking&gs_l=hp....0.0.0.14190...........0.Tki3IlRrmhY&gws_rd=ssl#spf=1
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 147,913 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I don't know whether to pay the lower fine or appeal against the decision.

    Seriously? You are actually considering paying this bunch £60 (as if it's a bargain) for 66 seconds on site? Why would ANYONE think it's a 'fine' and possibly payable in law? Look at what happened:
    Basically, they have two photos of my car 66 seconds apart.

    Obviously no-one has to pay that. Read the NEWBIES thread, that's why it is at the top of the forum.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • _mw_
    _mw_ Posts: 16 Forumite
    Does this look OK?

    Park Direct UK Ltd
    PO Box 4777
    Iver
    SL1 0BX

    Dear Sir/Madam

    Having received your Parking Charge Notice (Ref...), I dispute liability for this Parking Charge.

    The photographs that you have provided as your evidence for this claim are time-stamped 66 seconds apart.

    I understand that Park Direct UK is a member of the International Parking Community and is therefore bound by their guidelines.

    In terms of Grace Periods, the following is indicated in the IPC’s Code of Practice:

    15. Grace Periods
    15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so
    they may make an informed decision as to whether or not to remain on the site.

    As you have indicated that the car was on the premises for 66 seconds, it is therefore reasonable to suggest that the driver was reading the signs before realising that stopping and waiting at that site were not allowed. As no clear signage is available upon entry to the site but only once there, it is also reasonable to believe that the driver was unaware of the stopping and waiting restrictions and left once this was clear.

    I look forward to your response informing me that this Parking Charge Notice will be rescinded. If you decide to reject my appeal, I will be forced to refer this to the IPC, as well as POPLA.
  • Umkomaas
    Umkomaas Posts: 42,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    POPLA has no role in IPC operator's parking charges.

    Otherwise letter looks OK, but I don't know what you expect from it. All the evidence is that it will be rejected. I'm open to correction in due course if I'm wrong ..... :)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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