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Parking Ticket Disaster!

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Hi folks,

Just looking for a little guidance here. I've read the stickies at the top of this page but thought I'd post on here for reassurance.

Last month my wife and I took our 6 month old daughter out on a day trip and on the way back got snarled up in some really bad traffic on the M56 in Preston Brook just outside Warrington. According to the satnav the tailback was hug following an accident and our baby needed a feed. We contemplated pulling over the hard shoulder so my wife could feed however there were several motorists bombing up it at at least 50 mph to avoid the traffic which is not only illegal but extremely dangerous.

My little girl became desperate and the stop start traffic made it very difficult however we came across a junction which we knew had a health club in it whose car park would have been perfect so we pulled off the motorway and parked up. We never left the car and were there for about 25 minutes while our daughter was fed. We then left and went the back road way to get home.

A couple of weeks later a ticket lands on my doormat from Parking Eye saying that we used the carpark without paying and are now subject to an £100 fine! Theres a photo of my car going in and out and the related times. We appealed it saying what I've said in this post however it was unsuccessful.

We had no option in this scenario other than to do what we did. I didnt see the payment signs and to be honest my baby was the priority at the time as she was starving and breastfeeding is very dangerous in a moving vehicle. It was a very stressful situation and I didn't notice any payment signs.

I'm not sure where to go at this stage.

I can appeal to POPLA or I've heard if I complain to the health club and condemn their use of ParkingEye and their lack of compassion to see if they can quash it.

Any help appreciated, thanks!

Comments

  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    I can appeal to POPLA or I've heard if I complain to the health club and condemn their use of ParkingEye and their lack of compassion to see if they can quash it.


    parking eye did exactly what the health club requested , they stopped non users , parking up

    actually , all PPCs are a joke , they DO NOT stop people parking up , they simply pocket money from them , this does not assist the land owner
    Save a Rachael

    buy a share in crapita
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 31 October 2017 at 11:28AM
    We had no option in this scenario other than to do what we did.

    But you had the option to pay, you chose not to.
    You never know how far you can go until you go too far.
  • The_Deep wrote: »
    We had no option in this scenario other than to do what we did.

    But you had the option to pay, you chose not to.

    It wasn't a choice in the scenario. Paying to park was the last thing on our minds. We didn't even realise that we had to as we didnt notice the signs.
  • Parking Eye generally has good signage on sites I've seen. What was the signage like at this location. I think the point others are making is that while your W was bf the baby, you could have looked round for signage/paid.
    I sympathise. I was once caught in stationary traffic with 3 month old bf twins, for 3 hours.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Parking Eye generally has good signage on sites I've seen. What was the signage like at this location. I think the point others are making is that while your W was bf the baby, you could have looked round for signage/paid.
    I sympathise. I was once caught in stationary traffic with 3 month old bf twins, for 3 hours.

    True. However I didn't see any signs so I assumed it was okay to stop there, especially since I wasn't leaving the car.

    Looks like they've got me bang to rights on this one. Thought this forum would be more of a help (present comment notwithstanding). I'll pay the £60 and be done with it. Can't be bothered with the consequences.
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 31 October 2017 at 3:31PM
    Err what consequences?

    Why can't you appeal to POPLA as this site (full of help compiled by volunteers) suggests, and is full of examples?

    Unfortunately you came here a bit late, your explanations of what happened were never going to win any appeal, and that won't wash with POPLA.

    However there are other reasons to get this cancelled through POPLA with a little research.
  • Umkomaas
    Umkomaas Posts: 43,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Thought this forum would be more of a help
    Have you read the NEWBIES FAQ sticky, post # 3 which tells you how you might be able to beat this at POPLA? That’s some really helpful advice written by the forum experts.

    Forum members were just pointing out the reality of the situation, which, once you get your head around it, will put you in a better position to formulate a POPLA appeal to beat this. By the way, whether or not you remain in the car (or have the engine running, your headlights on, your hazards on) it is an absolute myth that somehow these mean the car is not parked.

    Take the above comments as they are, tough love if you like, but if you just want tea and sympathy and a group hug, you’re in the wrong place. We are not Mumsnet!
    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
  • Umkomaas wrote: »
    We are not Mumsnet!


    Lol. I like Mumsnet. And if you think they are into group hugs, you are so wrong, the Am I Being Unreasonable? forum is brutal.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • True. However I didn't see any signs so I assumed it was okay to stop there, especially since I wasn't leaving the car.


    Then you might win on inadequate signage.
    Where I am you can't miss the PE signs, they are everywhere in their car parks (god knows how they got planning permission for them - if they applied...)


    We don't like to see people paying because the whole industry is so crooked and they charge way too much. But if there is clear signage (which you say there wasn't), which is properly worded and therefore capable of forming a contract, then the reality is that you may lose a court claim. However, it may not get that far if you follow the advice about POPLA appeals. POPLA appeals can be won on very different arguments which would never win a court case.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Ok, I'll check it out.

    Sorry guys, bad day. Thanks for the advice.
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