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Traffic jam parking charge

Jellybubbilicious
Jellybubbilicious Posts: 4 Newbie
edited 17 March 2018 at 6:55PM in Parking tickets, fines & parking
Hi !!!8211; on a trip recently, the driver of my car saw the traffic slowing, so nipped into the next services, which happened to be a Welcome Break. When the driver tried to leave, about half an hour later, the traffic was at a standstill, and the car park was gridlocked. The driver went back inside the services and waited for the traffic to move again, then left.

Now the keeper has a parking charge notice from ParkingEye because the car apparently stayed 15 minutes over the two-hour limit. Can the keeper appeal based on the fact that the driver couldn!!!8217;t leave owing to the traffic?
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Comments

  • Fruitcake
    Fruitcake Posts: 59,419 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 March 2018 at 6:55PM
    Appeal using the template you will find in the Sticky thread for NEWBIES. Do not reveal the driver's identity.

    Edit your post to remove information about who did what. Only ever refer to The Driver and The Keeper, who are two different people. ;)

    The NEWBIES is not a quick read, so take your time.

    You could carefully add that since The Driver was prevented from leaving the Services, there was a Frustration of Contract, so parking lie should cancel.

    What happened when you complained to the Services manager?

    You should also complain to your MP about this unregulated scam.

    These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):

    https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

    ''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

    These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.
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  • The_Deep
    The_Deep Posts: 16,830 Forumite
    This is an entirely unregulated industry which is scamming the public with inflated claims for alleged breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another 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.

    Hospital car parks and residential complex tickets have been especially mentioned.

    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.
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 148,514 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    ... on a trip recently, the driver of my car saw the traffic slowing, so nipped into the next services, which happened to be a Welcome Break. When the driver tried to leave, about half an hour later, the traffic was at a standstill, and the car park was gridlocked. The driver went back inside the services and waited for the traffic to move again, then left.

    Now the keeper has a parking charge notice from ParkingEye because the car apparently stayed 15 minutes over the two-hour limit. Can the keeper appeal based on the fact that the driver couldn't leave owing to the traffic?

    Complain to the Services, immediately.

    Welcome Break sites all have a webpage with email addy. DO THAT FIRST.

    And then diarise to make sure you also appeal in time, within 28 days of the PCN.

    Did it arrive within 14 days of the event?
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  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Do they have a TripAdvisor page? If so write bad stuff on it.
    You never know how far you can go until you go too far.
  • Thanks all for the advice, much appreciated. I’ve sent off an email to Welcome Break and also an appeal to Parking Eye. Will let you know how it goes!
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    I predict that they will cancel, without an apology. However, if they offer a reduced charge "as a gesture of goodwill" refer them to Arkle v Pressdram.
    You never know how far you can go until you go too far.
  • Thank you all so much for your help with this. The initial appeal to ParkingEye was, predictably, rejected. BUT! I also, as per your suggestions, emailed Welcome Break directly. They didn't get back to me straight away, but after I sent a follow-up email, they got back to me to confirm that they were getting the charge cancelled. Thank you again, as I'm not sure I would have been quite so forthright in my appeals without your advice.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Thank you all so much for your help with this. The initial appeal to ParkingEye was, predictably, rejected. BUT! I also, as per your suggestions, emailed Welcome Break directly. They didn't get back to me straight away, but after I sent a follow-up email, they got back to me to confirm that they were getting the charge cancelled. Thank you again, as I'm not sure I would have been quite so forthright in my appeals without your advice.

    Getting it cancelled and actual cancellation are two
    different things.

    You need confirmation from PE as they are not to
    be trusted
  • ampersand
    ampersand Posts: 9,644 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    beamerguy - great minds etc :-)

    Over and again it worries me that victims accept verbal reassurance or similar, without insisting on printable, dated, detailed confirmation of cancellation.
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  • steve1500
    steve1500 Posts: 1,458 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Just to add, when you write to Parking Lie, also add, if you continue to contact me having been instructed by Welcome Break to cancel the charge, then I will seek compensation for distress under the Data Protection Act
    Private Parking Tickets - Make sure you put your Subject Access Request in after 25th May 2018 - It's free & ask for everything, don't forget the DVLA :D
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