Reserved space

bekind

Driver parked in the last space in a car park at the weekend and paid correct parking fee. On return found a PCN on the windscreen for unauthorised parking, as turned out to be a reserved space.
Mistake made because the reserved sign for a business was low down and didn't specify Mon-Sun. A general private car park sign was above to the left and did say applicable 24hrs a day 7 days a week but in the middle of a lot of text, so not at all clear.
Question is can the car parking fee paid for 4 hours be deducted off the excessive £60 invoice?Since they wouldn't have received this parking fee in the first place if the driver hadn’t parked there because it was the last space.

The_Deep

Are you planning on paying? It seems rather a lot for a minor human error, especially if the signs were not clear. There are so many hoops that a PPC has to jump through in order to win a case of breach of contract.

Read about the scam, and what MPs think about it before you pay.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

bekind

Thanks for the info.
Unsure whether it should be paid. It was a genuine mistake but on the other hand the space was reserved, although not clearly marked with timings.
£60 is too much, £100 unaffordable hence asking if the parking fee could be deducted if paid up.

Umkomaas

They won't be deducting anything. This is a 'scam' (as described by MPs in Parliament), so don't go thinking this is some legitimate transaction that will see them issue you a revised invoice for '£60 minus fee already paid'. You are dealing with a money-greedy industry where no rules they employ are favourable to you.

Which parking company are we dealing with here?

Have you read the NEWBIES FAQ sticky, post #1 which we politely ask everyone to read before starting a new thread, as it saves so much time having to type out all the basics to help newbies understand the game in which they are now entangled and how to avoid paying private parking penalties.

Guys_Dad

Here is my take.

Supposing it was YOUR space that was reserved and you couldn't park in your paid for space, how would you feel? Me? I would be livid and expect the transgressor to be inconvenienced in some way.

However, it would be incumbent on me and the landowner to ensure that the signs showing that it was a reserved space to be properly positioned, clearly worded and any penalty spelled out. If it was not, then there is every reason why an innocent motorist would not see that it was a reserved space.

So I would appeal on that very point, with photographic evidence to support my case. You will probably not win on appeal to PPC, might win with appeal to BPA/IPC but would have the best chance in court.

bekind

Thanks, I have read the newbie faqs but thought I’d ask about deducting the parking fee already paid.

Both people in the car are going through a difficult time at the moment, so can’t face a battle.
Writing to the MP is a good idea re poor signage and high charge. At least it may help others!

Umkomaas

Once more - which parking company please? How you go forward with this often revolves around who exactly is pursuing you.

bekind

Sorry Umkomass, it is Premier parking solutions. They are IPC members.

fisherjim

bekind wrote: »

Thanks, I have read the newbie faqs but thought I’d ask about deducting the parking fee already paid.

Both people in the car are going through a difficult time at the moment, so can’t face a battle.
Writing to the MP is a good idea re poor signage and high charge. At least it may help others!

Wasting your time it won't work, if you are seen as a paying sucker they'll want their "contractually agreed sum" and will delight in starting the pressure to pay in full scam.


The money you paid on the day will in any case go to the land owner, the PCN fees will be the PPC cream off.

Umkomaas

bekind wrote: »

Sorry Umkomass, it is Premier parking solutions. They are IPC members.

IPC Operator so:

Initial appeal to the PPC using blue text template from the NEWBIES FAQ sticky, post #1 which will be rejected.

Do not make further appeal to the IAS - it is almost guaranteed to be rejected.

Ignore anything further (especially meaningless debt collector letters), unless you get a LBC or MCOL Claim Hsee NEWBIES FAQ sticky, post #5 for acronyms) - come back on this thread if you get either.

Other than paying the scam (as so described by MPs last week in Parliament) or getting a landowner cancellation, the above is the recommended route for an IPC Operator.

There's no magic answer for avoiding this.

DoaM

And don't appeal the windscreen ticket immediately - wait until near the end of the appeal window and then appeal as the registered keeper using the standard IPC appeal text? Is that still the advice for IPC-member windscreen tickets?

(The idea is to make them forget about the Notice to Keeper - if it went to court then that would be a key defence point; the keeper can't be liable because the PPC didn't even attempt to comply with POFA).