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Is it worth appealing this ticket

francolin
francolin Posts: 26 Forumite
edited 23 June 2018 at 12:59AM in Parking tickets, fines & parking
Hello,
Just wondering if it's worth appealing a ticket my mate got for parking at a Supermarket. They parked up, and needed to use a cash machine which is not on site. This took less than 5 minutes. They then went straight into the store. When they'd left the store, They'd gotten a ticket saying that this is a customer car park only and that they were observed leaving the site. They told the store about this but they said that the car park land owner is not the Supermarket and that they can't intervene. There is a receipt for this visit. Should they appeal this ticket (Vehicle Control Services) and tell them exactly what happened? Would they be considered a non customer because they'd left the site? Or should they just ignore it and then appeal any potential County Court claim? Looking at the signage, there's nothing that says one cannot leave the site for any reason, or is it basically a given that they have to stay on site and go directly into the store?
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Comments

  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It is always worth challenging a private parking ticket but you need to be properly informed with current information before starting in order to avoid the several glaring pitfalls in your OP - which will result in near-certain failure and only serve to make the PPCs life easier if they do proceed to court.

    Please start by reading the Newbies Sticky carefully before doing anything and follow the guidance there to the letter. :)

    And please edit your OP, to avoid revealing who was driving - Walls have ears etc... ;)
  • francolin
    francolin Posts: 26 Forumite
    Just to be clear, I do mean appealing directly to the ticket issuer (Vehicle Control Services). They have given an appeal period of 21 days (which is almost up). I am just worried that if an appeal is made directly to them, telling them exactly what happened, it's giving them too much information?
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    francolin wrote: »
    Just to be clear, I do mean appealing directly to the ticket issuer (Vehicle Control Services). They have given an appeal period of 21 days (which is almost up). I am just worried that if an appeal is made directly to them, telling them exactly what happened, it's giving them too much information?


    No you don't tell them exactly what happened which you would know if you followed the advice in the "NEWBIES" thread!!
  • Coupon-mad
    Coupon-mad Posts: 159,650 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    francolin wrote: »
    Just to be clear, I do mean appealing directly to the ticket issuer (Vehicle Control Services). They have given an appeal period of 21 days (which is almost up). I am just worried that if an appeal is made directly to them, telling them exactly what happened, it's giving them too much information?

    Another option is to ignore them as it's an IPC firm.
    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 THREAD
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    If this got to court, many judges might consider this an unfair term in a consumer contract, or a breach of one's human rights.

    What would happen if one's new Borsalino is blown away, does one just buy a new one, or chase after it.
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 44,232 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Or should they just ignore it and then appeal any potential County Court claim?
    I can't see VCS having much appetite to take another 'leaving the site' case to court.

    http://forums.pepipoo.com/index.php?act=attach&type=post&id=16231)

    But you can't guarantee against stupidity.
    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 Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Leaving site was identified as a scam by Members of the HOC in this video

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41
    You never know how far you can go until you go too far.
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Private parking companies only source of income from such sites is by way of motorists making mistakes, over staying, parking out of bay etc., the 'leaving site' scam is another little idea they have develop to extend their T&C's to con as many people as possible.


    One case went to court which so incensed the judge he summoned the owner of the PPC to court and told him he might need a toothbrush, this scam has not seen the inside of a court since!!


    If not leaving site is not on the signs how can they enforce that?


    They usually say for customers only which they were!
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    It usually is on the signs FJ, which Is why I say that it may be an unfair term. How can it be a BOC to pop over the road to a cash machine?
    You never know how far you can go until you go too far.
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    The_Deep wrote: »
    It usually is on the signs FJ, which Is why I say that it may be an unfair term. How can it be a BOC to pop over the road to a cash machine?


    Exactly, I wouldn't put it past them to include the "no leaving site" T&C because the cash machine is across the road!
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