car park or garage

thomascarnihan

I was with a friend recently going abroad on Dover ferry.We called into BP Garage at Stanstead we filled up with diesel, and parked in front pf BP shop,went inside and paid for diesel and bought a coffee , we were making good time so we decided we would take a nap...never saw anything to say this was a car park and that there was a time limit. My friend has just got a met parking ticket through post for staying just over 1 hour? £100 ordered to pay..2 questions when BP built this place was it registered as a garage for fueling cars ? and the definition of a car park in the dictionary is somewhere to leave cars.We never (left) the car only to pay for fuel we bought from garage after that we remained in the car all the time till we left to continue down to Dover...My thinking is if it's registered as a garage it can't be registered as a car park as well? i'm no legal expert so hopefully somebody might enlighten me.

soolin

thomascarnihan wrote: »

I was with a friend recently going abroad on Dover ferry.We called into BP Garage at Stanstead we filled up with diesel, and parked in front pf BP shop,went inside and paid for diesel and bought a coffee , we were making good time so we decided we would take a nap...never saw anything to say this was a car park and that there was a time limit. My friend has just got a met parking ticket through post for staying just over 1 hour? £100 ordered to pay..2 questions when BP built this place was it registered as a garage for fueling cars ? and the definition of a car park in the dictionary is somewhere to leave cars.We never (left) the car only to pay for fuel we bought from garage after that we remained in the car all the time till we left to continue down to Dover...My thinking is if it's registered as a garage it can't be registered as a car park as well? i'm no legal expert so hopefully somebody might enlighten me.

You need to read this thread first and then ask if you have any additional questions:

https://forums.moneysavingexpert.com/discussion/4816822

KeithP

You are thinking too hard.

Ni idea what a registered garage is, but it is perfectly possible to park a car without getting out of it.

Your friend, as the car's registered keeper, should appeal using the template in post #1 of the NEWBIES FAQ sticky thread.

That's all that needs to happen at this time.

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences.

Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They nearly always lose) and have been reported to the regulatory authority by an M.P.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

Coupon-mad

soolin wrote: »

You need to read this thread first and then ask if you have any additional questions:

https://forums.moneysavingexpert.com/discussion/4816822

Please tell the registered keeper to appeal AFTER reading the above.

thomascarnihan

Thank you will do...Your right probably thinking to hard ,but my point was when I go into car parks I always look for signs warnings etc as to where to pay and how long to stay etc. In this case we took BP to be a garage for fueling cars and did'nt even think to look for car parking signs, maybe thats a bit misleading on BP's part ...There could be some mileage into when BP had garage built planning aplication would be for petrol station...and unless that was changed they dont have planning permision to use it as a car park, and on those grounds an apeal might be worth looking into... my friend has filed an apeal on the grounds you sighted and have been copied and pasted and sent off online thanks again...

KeithP

thomascarnihan wrote: »

...There could be some mileage into when BP had garage built planning aplication would be for petrol station...and unless that was changed they dont have planning permision to use it as a car park, and on those grounds an apeal might be worth looking into...

There couldn't... honestly.

Some (most?) judges seem to take the view 'if the local council aren't bothered, then why should I?'

Equally ridiculous would be anyone suggesting that you sleeping in your car turns the place into a campsite.

Again, you are thinking too hard.

Coupon-mad

There could be some mileage into when BP had garage built planning aplication would be for petrol station...and unless that was changed they dont have planning permision to use it as a car park, and on those grounds an appeal might be worth looking into.

Well no, that's completely the wrong tactic. Please read the NEWBIES thread.

... my friend has filed an appeal on the grounds you sighted and have been copied and pasted and sent off online thanks again..

Do you mean he appealed using the template from the NEWBIES thread that we cited? And didn't say who was driving.

thomascarnihan

Yes apeal was copied and pasted usuing newbies template with no admitance as to who was driving..THANKS

Quentin

Get your friend to check out the PPC's (current) attitude to progressing to legal action at the BMPA website!

thomascarnihan

Hi Re: Parking Charge Notice Number
Site: (782) BP Stansted
Issue date: 05/03/2018
POPLA Verification Code
Thank you for your correspondence received in regards to Parking Charge Notice After careful
consideration we have decided to reject your appeal for the following reasons:
The terms and conditions of parking are clearly stated on the signs prominently displayed around this site. These
include that there is a maximum permitted stay in this area of 30 minutes. Whilst it is hard to understand your appeal as
it appears to have been cut and pasted from the inetrnet with links that have not been attached your vehicle remained
on site for longer than the maximum permitted stay therefore we believe the charge notice was issued correctly and we
are upholding it.
We are confident that our signs are prominently displayed, clearly state the terms and conditions of parking, and meet
the requirements set out by the code of practice and are similar to those that were the subject of the Supreme Court
case you refer to.
We do not believe we have to provide a copy of our contract at this point in time as it is commercially sensitive, if
however, it proves necessary to seek payment through the courts and the court requires proof of landowner authority at
that time it will be provided then, although the fact that landowner permits our signs to be displayed is evidence of the
authority.
This decision, which has been based on the facts of the case and takes into account our consideration of any mitigating
circumstances, is our final decision.
You have now reached the end of our internal appeals procedure and you now have a number of options:where do i go from here...please..