Will they go to court or not?

Coupon-mad

Yep, i AM disabled . - Its with me forever and as more holes appear in my lungs every year it just gradually worsens till it sees me out.

Yes, you are disabled:

https://www.gov.uk/definition-of-disability-under-equality-act-2010

You can expect 'reasonable adjustments' from service providers, such as more time to park!

rizla01

Hi CM.

I have resent the email but it looks like they intend ignoring it.

I am wondering where I can find out about the Double parking event that you speak of as a defence?
A bit concerned as my frightened daughter replied to the charges immediately and about the only thing she mentioned (And possibly the only defence that the judge MIGHT allow) is the fact that she moved her car to a different part of the area within that time.
Obv I will hope that the inadequate signage (Or ZERO signage around the restaurant area) will also be taken stock of and I intend videoing the whole area to better demonstrate that.

Thanks.

Coupon-mad

Read Schedule 4 of the POFA, linked in the NEWBIES thread. The intentions of Parliament were clear, that a charge could ONLY relate to one single period of parking.

And read the transcript of Friday's latest Parliamentary debate, where ParkingEye were named and shamed:

https://forums.moneysavingexpert.com/discussion/5787731

Rumour has it, they are also set to be offloaded by Crapita.

rizla01

But isn't the wording 'single period of parking' open to interpretation?
where you park and how many times you move the car in one Single PERIOD of parking isn't mentioned, is it?

I wonder if any points mentioned in the hearing last week will have any bearing on any judge at this moment in time, or not until a bill goes for its final reading and gets passed?

I would like to think it might.

Quentin

If you park for a single period then the car don't move.

To park more than once it must move!

rizla01

Quentin wrote: »

If you park for a single period then the car don't move.

To park more than once it must move!

Sounds good but the 'USE OF THE AREA' is limited to two hours so any amount of parking whilst still in that same area must count as one, two hour restriction, surely?

Different if the car left the area and returned.

(i am not meaning to sound argumentative Lol.
Just putting forward arguments that I might get hit with, you understand )



In this particular case, as the restaurant area (Still within the same area) ISN'T signed then it could be argued at that point the car had left the area, but that is not clear as it doesn't say 'EXIT' at the KFC entrance.
I would hope tat the judge can see how that could be confusing for anyone.

Coupon-mad

No because the KFC part has no contractual signs, and nor does the bay top right of the aerial view, IIRC, so neither of those are part of the restricted 'area'. The car was moved OUT.

I think a single period of parking is clearly, a car parked/left. Not open to interpretation but I can see why you ask. I would not have any qualms on arguing your case, and the fact that PE clearly want to settle (which is rare) suggests they will discontinue.

[Deleted User]

One further point the o/p needs, I think, to clarify - unless I have missed something:

if queueing at the KFC drive through, no parking bays are being occupied, no vehicles have been left. I don't actually think that period of time can be defined as parked at all. By definition the o/p was waiting.

pappa_golf

on land , not parked , funny setup

although the request to DVLA will say exceeding parking time or time on land , which land the UK?

rizla01

We progress.

Without Prejudice (Save as to Costs)



Thank you for your correspondence in relation the Parking Charge xxxxxxxxxxxxxx, and subsequent county court claim, D43m34m34EX



It should be noted that the grace period at 13.2 of British Parking Association Code of Practice is to allow motorists to enter the car park, read the terms and conditions, and exit the car park if they do not wish to be bound by them. This is only intended for motorists that wish to leave within this grace period.



In this instance, the vehicle remained in the car park for over 2 hours 18 minutes. Therefore, reading the terms and conditions, and by remaining on site, agreed to be bound by them. This position has been supported by the British Parking Association as the correct interpretation of the grace period as per Version 6 of the Code of Practice.



Furthermore, as noted below, you have confirmed that you had seen the signage on the date of the parking event and had been aware of the terms and conditions applicable in remaining at Greyhound Retail Park.



The signage on site states that, !!!8220;By parking, waiting or otherwise remaining within this private car park, you agree to comply with these terms and conditions (the !!!8220;Parking Contract!!!8221;) and are authorised to park, only if you follow these correctly, including making payment where directed, entering your registration details via the payment and/or permit systems. If you fail to comply, you accept liability to pay the fee for unauthorised parking (the "Parking Charge").!!!8221; (See attached).



The signage clearly conveys that by remaining within the car park, the motorist becomes bound by the terms and conditions of parking. ParkingEye use Automatic Number Plate Recognition (ANPR) cameras and not CCTV cameras to monitor car parks, and therefore do not monitor individual bays. This technology captures still images of vehicles entering and exiting the car park and compares this data to the maximum stay that vehicles are entitled to and, where applicable, any payment or permit that may relate to the registration captured. Our Parking Charge Notices contain detail about the parking event and time stamped images of the vehicle entering and exiting. As the vehicle remained at Greyhound Retail Park for 2 hours and 18 minutes this was a breach of the terms and conditions.



In an effort to bring this matter to a conclusion without further cost to either party, we can confirm that we are prepared to accept the sum of £60 in settlement of the outstanding claim.



The above offer is open for 14 days from the date of this email and payment needs to be made within that time frame. We can confirm that this matter will be closed upon receipt of this payment but that the claim against you will remain should payment not be received.