ParkWatch Broughton - Not Parked wholly within bay.

Mrsfhelsby

Good morning,

I have read the newbies thread, I've sent the blue template to parkwatch via email. I've responded as the car keeper etc etc. They've denied our appeal with the following:

Thank you for your appeal letter regarding the issue of the above parking charge notice.
After reviewing the information provided within your appeal letter and the photographic evidence that was
taken in support of the issued PCN,and although we have taken into consideration the mitigation that you have
provided we have decided that the parking charge was correctly issued for failing to comply with the parking
conditions at Broughton Shopping Park, Chester, CH4 0DE
entrances and in and around the Shopping Centre clearly displaying the parking conditions that are in place
including the requirement to park within the lines of the parking bay
be challenging especially at peak visitor times
utmost importance.

What happened was that all the parent and child spaces in broughton tesco's were taken, so the driver parked slightly into a second space to give us more room to allow us space to get the children in baby car seats in and out.

My husband went and spoke to Tesco, they couldn't give a hoot!

What I need to know is, is this worth pursuing with POPLA? I'm sorry, but I couldn't find an answer to this on the newbies thread or when I typed it into the search bar! I know the driver shouldn't have parked over the lines, but £100 charge is extortionate, and the driver wasn't aware that you could be fined for not being wholly within the bay.

Please don't shout at me if I've posted this in the wrong place! I'm just hoping someone can help me, the whole thing is giving me major anxiety

Thanks

Redx

it seems obvious that a vehicle must park wholly within a bay , wherever it is parked, so the driver was wrong in not doing so (its exactly the same in council car parks and in bays on the public road - never mind in private car parks)

tesco dont own that car park, its a retail park so complain to the M.A. for that park (or the landowner), not much point in complaining to tesco UNLESS they own the land (which they dont at that location)

the £100 "standard charge" has been that figure since 2012 or earlier and so complaining about it wont be of any use whatsoever, it is what it is and BEAVIS lost in 3 courts, the last being the Supreme Court 2 years ago , trying to prove that £85 was unconcionable (or extortionate) , so that argument is dead in the water

if they issued a popla code than the keeper can appeal it using legal arguments, so see post #3 of the newbies faq sticky thread for those , which include

NO LANDOWNER AUTHORITY
POOR AND INADEQUATE SIGNAGE
POFA2012 failures
any NTK errors
any BPA CoP failures

in future , tell the driver to follow the rules wherever and whenever the vehicle is parked, even if its parked in a standard bay (P + C bays are a gimmick and have no precedence in law)

although its common sense to park wholly in a bay, if the driver did not know the rules then the signage isnt good enough as just reading the signage should have told the driver those details

Coupon-mad

Of course the keeper appeals to POPLA, that's why post #3 of the NEWBIES thread tells you that and how to do it, and why we have a 'POPLA Decisions' thread near the top, too.

Show us your draft. You could search Parkwatch POPLA to find some to crib from.