PCN on Permit Parking provided by employer

debsydoodah

Can anyone provide me with their thought on the points below please as trying to help a friend?

Employer funds cost of providing parking off site at local motorway services, managed by Indigo. Employee receives PCN for failing to display permit correctly.

Chap had managed to put the pass upside down on his dash, as was rushing to work (15 mins away) and didnt realise.

There is adequate signage on site but chap as most of us here, readily admits he has never gone up to in order to read them. His pass was issued to him at his initial induction, without the terms and conditions affecting same.

Appeal sent to Indigo with copy of permit but was rejected - despite the fact that a girl who no longer works here sent an appeal as her pass had slipped onto her passenger seat and had similar PCN using the same wording, which was upheld.

Can anyone tell me, as this is private land and covered by civil law, has there been a breach of contract that would be enforced if it went to Court especially as the leasing agreement was made at arms length? I would argue that no material loss had been incurred by the landlord as the cost to police the area stands regardless, no-one else can park there and our employer pays the cost even if the bays are not occupied.

Thanks

Ralph-y

your friend will have to have a read of the newbies thread ...


https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou




this will explain what should have been done and what to expect now ....


he/she we be in ignore mode now until LBC / actual court papers are sent.



has the employer been contacted?



has the service station car park manager been contacted ?



Ralph:cool:

Coupon-mad

local motorway services, managed by Indigo

Is there such a thing? A services with indigo infesting it?

debsydoodah

My friend has read the newbies thread now - a lot to go through and has found it confusing to be honest. Hard to know what applies and what doesn't.


The permit parking area can only be accessed by driving through the service area which is regulated by Parking Eye and the permit area by Indigo.


Employer has been unable to do anything about this - the business park management also will not do anything about it, Indigo wont answer any of the letters sent after the first one.


Still unsure if this constitutes a material loss when the space is paid for and no trespass applies?


I know he has breached the terms of parking but is this in itself enough to win at Court level?


Can anyone offer any insight to this?


Sorry to ask so many questions but genuinely as a total novice at this

DoaM

This could fall under the description of a "trivial breach of the contractual terms" whereby the penalty far outweighs the "crime" committed.

Coupon-mad

managed to put the pass upside down on his dash

Same as every other fluttering ticket defence. Well worth defending.

Fruitcake

debsydoodah wrote: »

My friend has read the newbies thread now - a lot to go through and has found it confusing to be honest. Hard to know what applies and what doesn't.


The permit parking area can only be accessed by driving through the service area which is regulated by Parking Eye and the permit area by Indigo.


Employer has been unable to do anything about this - the business park management also will not do anything about it, Indigo wont answer any of the letters sent after the first one.


Still unsure if this constitutes a material loss when the space is paid for and no trespass applies?


I know he has breached the terms of parking but is this in itself enough to win at Court level?


Can anyone offer any insight to this?


Sorry to ask so many questions but genuinely as a total novice at this

Do the Ts and Cs specifically state that the permit has to be displayed in such a way that a scamming operator does not have to turn their head a little to read it, or does it just say something like, clearly displayed in the windscreen?
Do they say the permit has to be displayed in a particular way, with the top uppermost?

If someone stood by one of the front doors of the car and looked over the roof and down at the windscreen, could they have easily read the permit? From that position they would have been closer to it than deliberately standing in front of the car.

A permit was displayed and it seems as though the operator deliberately positioned themselves so that they couldn't read what it said, instead of thoroughly inspecting the windscreen as required by the BPA CoP.

debsydoodah

Thanks to all that have chosen to try and help so far.


I think the terms do specify that the pass has to be clearly displayed but am not totally certain of the wording. I will check and report back in due course