Ticketed for "leaving site" which I never did and have the proof

bobbybobbo

I just received a parking fine for parking in a retail park. My gym is in the retail park and all I did was park, go to the gym (on site) for 85 mins and then returned to my car to find a ticket. The reason for the ticket is "Vehicle owner/driver left site". The ticket was issued 20 mins after I arrived while I was in the gym.

At this gym you have to enter your personal PIN to enter and exit. So the gym know I was there during this time. I've called them and they said they'll send me an email confirming this. They won't challenge the PCN themselves, but say that I can contest it with their evidence.

So should I go down that route or should I forget the truth and just use the advice given in newbies thread.

FYI The company is UKPC (UK Parking Control).

Thanks!

Redx

stick to the blue text appeal , as KEEPER , in the NEWBIES sticky thread , around day 26

what the driver may or may not have done should not be divulged

Quentin

You need to edit your post to remove details of who was driving.

System

You need to edit your post to remove details of who was driving.

Why? He has a solid defence and can show he had not left the site. It's should be a strong challenge and the offer of mutual court claims - plus a complaint to the DVLA for having no "reasonable cause"

The_Deep

Hang on Quentin, I agree with Iam, I do not think that you are seeing the big picture here, did you not read the OP?.

[Deleted User]

1. Get the gym to print you a copy of their entry / exit log. Ie double check you have solid useable evidence.

2. Then do a bespoke letter to the PPC along the lines of the response in Arkell v Pressdram (albeit perhaps marginally more polite)

Half_way

As you have solid proof they you never left site, then there was no just cause for the sites agents to obtain and process your data.
Could be a possible DPA breach jointly against the site owners, and their agents, the parking company.

molerat

Just one question, do the gym and retail park actually use the same car park ? There are many "split" sites.

DoaM

Hang on ... if this is a windscreen ticket (it's not 100% clear from the OP) then there has not been any contact as yet with DVLA, hence no DPA breach.

@OP ... did you perhaps go offsite to a cash point (for example) prior to going to the gym?

Loadsofchildren123

I am also in favour of admitting you were driving where you have a strong defence and where you WERE driving. I just don't see the point in elaborately sidestepping the driver issue when the court may ultimately hold that you were driving - and then you've lost your really good defence!

Guys_Dad

I have been advocating for some years now that, if you have a 100% "not guilty" and can prove it, don't clog up your appeal with a standard MSE forum appeal.

The standard appeal primarily helps people "wriggle out" where they may have broken the t&cs of the site. It sets out a "loophole" appeal, if you like.

I don't want to get into an argument about the fact that the standard appeal is used legitimately to fight where PPCs have failed to stick 100% to their obligations - of course it is and I support it.

But courts are now getting used to such appeals and you are then at the whim of the particular judge. If, however, you have a clear case, then go with it as your sole appeal point and remove any ambiguity about your appeal.