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Advice - Fined for not finding a parking space
Mrchillibeer
Posts: 14 Forumite
Can someone help advise me, please.
We have received a PCN for an NCP. The situation was that the car entered the car park and failed to find a parking space. Traffic was so bad in the car park that it took an hour for it to exit, sitting in a queue with others in the same situation.
The car never parked, just waited in a queue. An appeal was rejected on the grounds that the parking time was not paid for, the argument is that the car never managed to get parked and was stuck in a queue as seen in the ANPR photos.
Any advice is appreciated.
We have received a PCN for an NCP. The situation was that the car entered the car park and failed to find a parking space. Traffic was so bad in the car park that it took an hour for it to exit, sitting in a queue with others in the same situation.
The car never parked, just waited in a queue. An appeal was rejected on the grounds that the parking time was not paid for, the argument is that the car never managed to get parked and was stuck in a queue as seen in the ANPR photos.
Any advice is appreciated.
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Comments
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Everyone is politely asked to read up on this in the Newbies FAQ thread near the top of the forum.
Go there now to learn about the game you are now caught up in and then once you understand this if you have questions ask away.
You will see that you are advised never to reveal who was driving.
You need to edit your post to remove details of who was driving
The ppcs monitor this forum and can use your posts against you0 -
A couple of things that would apply to your situation.
Frustration of contract.
ParkingEye v Mrs. X - 31mins driving around a car park is not parking.0 -
From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
Mrchillibeer wrote: »Can someone help advise me, please.
We have received a PCN for an NCP. The situation was that the car entered the car park and failed to find a parking space. Traffic was so bad in the car park that it took an hour for it to exit, sitting in a queue with others in the same situation.
The car never parked, just waited in a queue. An appeal was rejected on the grounds that the parking time was not paid for, the argument is that the car never managed to get parked and was stuck in a queue as seen in the ANPR photos.
POPLA time then.
They seem to like it if you explain the situation in detail and can evidence that the car immediately found an alternative car park and paid there (showing that ticket).
If you lose, don't pay NCP; no-one here would.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad wrote: »POPLA time then.
They seem to like it if you explain the situation in detail and can evidence that the car immediately found an alternative car park and paid there (showing that ticket).
If you lose, don't pay NCP; no-one here would.
Thanks for that, I can provide detail about where the car was parked afterwards but it was a free car park, so no evidence of the car parking elsewhere. I'll still contest it with POPLA though, the photo of the car leaving the car park shows it in a queue with 5 other cars.
Would you still not pay NCP even if POPLA rejected the appeal? From what I've read I'm right in understanding these are 'notices' in the form of an invoice for an inferred agreement of contract and not an actual fine.0 -
POPLA’s decision is only binding on the PPC, not on you. You are under no obligation to pay.Would you still not pay NCP even if POPLA rejected the appeal? From what I've read I'm right in understanding these are 'notices' in the form of an invoice for an inferred agreement of contract and not an actual fine.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 Street0 -
did the driver have a passenger who can provide independent witness evidence? if so, name them. POPLA reverses the burden of proof so that it is the keeper who has to prove that the pcn was wrongly issued.
A contract requires:
offer
acceptance
consideration (payment or something of value).
There would have been an offer of parking which you accepted by entering the car park, however there was no consideration because there was no parking space. so I'd say no contract was formed. In the alternative, any contract which was formed was frustrated by the lack of any space in which to park. You can prove this with passenger evidence and as you say the anpr camera shows a traffic jam at the barrier. OK so you don't have a receipt or ticket to show parking elsewhere, but can you produce receipts from shops which show that the driver was shopping after leaving the NCP car park, which clearly show that the driver parked elsewhere?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.0 -
Would you still not pay NCP even if POPLA rejected the appeal?
None of us would. Absolutely not.
PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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