3 PCN for one breakdown and assist :-(

dbr007

Having read the Newbies sticky I'm back here to clarify a couple of things:

The car in question displayed electrical issues so was pulled into a private car park were it would not restart. It was dark so could not be safely towed without lights and was out of hours for the dealership to recover.

Another car entered the car park and tried to jump start the car. After a period it was deemed the battery had completely failed.The assisting car left the car park. A car park ticket was then purchased for the broken down vehicle. As the car park did not offer parking tickets longer than 12 hours the driver had to return again the same evening to buy another ticket to cover parking until morning.
The same assisting car returned to the car park the next morning. The driver of which replaced the broken down cars battery and both cars left.

The assisting car has now received 2 Parking charge notices: one for the evenings attempted recovery and one for the morning when the new battery was fitted. The broken down vehicle has received 1 Parking charge notice for the entire period, despite buying 2 car park tickets that cover all but the initial 60 minutes of the overall period.

So from what I've read any appeal will likely get turned down and will be passed to a debt collector and or end up with Gladstones.

The question is: are the legitimate reasons above enough to survive either a county or small claims court for both vehicles.

Currently at the reduced rate its £180 in fines which is gut wrenching enough but £300 if faced with 3 x full fines!!!

There are 2 witness statements and a detailed, timed and dated receipt showing the purchase of a battery for the broken down car just before it was fitted and retrieved from the car park.

Also when i use the PCP website to submit the initial claim must they include all the reasons of the appeal or can these be added to if the charge does not get dismissed.

Thank you in advance for any advice.

nosferatu1001

You can appeal with anything you like, but think about this sensibly - the earlier you tell this side of the story, the more convincing and reaosnable you are.

You can add any arugment at a court claim you wish, regardless of what you said initially, but again, it looks better to get detail out the way first

For the broken down car:
- What have they alleged? You said someone returned same evening?

My gues s- as you have not said what they have alleged - is that one is for the initial 60 minutes "unpaid"?

The vehicle that assisted was never "parked" - it was recovering another vehicle. there was no intention to enter a parking contract
For the vehicle that did not start, the initial 60 minutes could be frustration of contract - no intent to park, in fact a good faith attempt was made to remedy once it was known that this vehicle coudl not leave.

System

Google "frustration of contract"

dbr007

Thank you both. I will look into frustration of contract.
Actually for the car that broke down they are claiming for the entire duration of stay. They do not mention that 14.5 hours were paid for and only 60 minutes not.

Also with the tickets from these machines - do they act as evidence of contract at all? Can't think many people keep them, yet 7 days later wham you could get a PCN and not be able to defend it without producing a valid ticket. They should have to state on them that they may be required in evidence.

pappa_golf

I do recall a case , where the judge asked "if you had known the car had broken down , would you have ticketed . ,,, no millud , case dismissed!

nosferatu1001

The tickets do indeed count as evidence that payment was made.

Castle

pappa_golf wrote: »

I do recall a case , where the judge asked "if you had known the car had broken down , would you have ticketed . ,,, no millud , case dismissed!

Perhaps this one involving VCS and Liverpool Airport:-
https://forums.moneysavingexpert.com/discussion/4514387

dbr007

nosferatu1001 wrote: »

The tickets do indeed count as evidence that payment was made.

If the company has a subject access request issued should they then reveal that a payment was made against the owners vehicle - therefore verifying payment?

dbr007

I understand that the registered keepers of both vehicles concerned need to appeal individually but should they cross reference each others cases to aid legitimacy?

Also the companies website has the option to view additional pictures. However you can only do this once you have logged into the payment page. Probably seems overly pedantic but by logging into the payment page ( but not paying) am i in any way admitting fault?

Fruitcake

dbr007 wrote: »

I understand that the registered keepers of both vehicles concerned need to appeal individually but should they cross reference each others cases to aid legitimacy?

Also the companies website has the option to view additional pictures. However you can only do this once you have logged into the payment page. Probably seems overly pedantic but by logging into the payment page ( but not paying) am i in any way admitting fault?

At this stage I wouldn't cross reference, but wait for the more experienced posters to answer that.

Looking at their evidence in no way is an admission of guilt. They may actually show you something to your benefit.

Half_way

Who's car park was it?