Advice please

Fizz_Bomb

Hello, just looking for some advice please...on Saturday I took my children to the cinema to see Avengers and parked in the nearby Tesco car park as usual...you can validate your parking at the end of your stay using a ticket from the cinema. However, as the film was 3.5 hours long and I popped into Tesco afterwards, the machine wouldn’t allow me to validate because if overstayed the 4 hours maximum stay time. I noted, of course afterwards that the sign did state this but it hadn’t entered my head beforehand as I always park this way. I must’ve been over by 10 minutes at the most. So I had to leave without paying/doing anything.
My question is, do I have any grounds for appeal? I’m thinking probably not if the signs are clear, but wondered if anyone had successfully appealed this under similar grounds? I’m a poor student and this cinema trip could prove very expensive

Many thanks in advance.

MistyZ

Here's a post that is similar in some respects: https://forums.moneysavingexpert.com/discussion/5997544/max-3-hour-stay-but-using-facilities&highlight=cinema

Which PPC is this?

So there wasn't a windscreen ticket & you've not received a NTK yet but are anticipating one .... is that correct?

If you get a NTK then appeal to the PPC within the timeframe using the template in blue text on the Newbies' thread. But meanwhile complain politely but vigorously to the cinema ... you need to email the manager at the very least, don't bother with anyone who is front of house. Insist on cancellation.

You do indeed have grounds for appeal, signage undoubtedly fails to meet guidelines and 10 minutes overstay is within the grace period allowance. But for now focus on the landowner complaint. The cinema management do not really want customers getting PCNs ... but I reckon they tend to ignore the weaker complaints just to keep the PPC happy.

Redx

depends who the parking company is

if its a BPA member , download and read the BPA CoP january 2018 edition , reading clause #13 on grace periods , especially for 10 minutes

I hope you kept the ticket from the cinema ?

wait for any postal notice and meanwhile read post #1 of the NEWBIES FAQ sticky thread near the top of this forum

Fizz_Bomb

Hi, I believe the company is High View parking. I haven’t got physical tickets but paid online and so will still have confirmation email. I think the car park has affiliations with both Tesco and Vue cinema, as both allow free parking if validated by either receipt from Tesco or cinema tickets. Would you suggest emailing cinema then?

Thanks so much for advice

Fizz_Bomb

And sorry yes, no windscreen ticket, awaiting notice after being unable to pay/validate parking after stay

Redx

yes complain to the cinema IF you get a postal NTK

if its not cancelled , use the blue text template to appeal as KEEPER to HV

no blabbing about who was driving , not to anyone

and read up on grace periods as well as that NEWBIES thread

HV are easy to beat, good job it wasnt one of the bad ones

waamo

Highview nearly always fold on seeing the template from here. Have you found the thread at the top of this board that tells Newbies to read it first?

That thread contains the template you need.

Fizz_Bomb

Thank you both very much, I’ll do that now and await the fine.
I am not the registered keeper of the car however, I’m a named driver as it is a lease car...does that make a difference? The ticket will go to Nissan, who the car is leased through and then be forwarded to me, I’m not sure if that makes a difference?

The_Deep

They are obviously trying to scam you so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Redx

Fizz_Bomb wrote: »

Thank you both very much, I’ll do that now and await the fine.

I am not the registered keeper of the car however, I’m a named driver as it is a lease car...does that make a difference? The ticket will go to Nissan, who the car is leased through and then be forwarded to me, I’m not sure if that makes a difference?

it does


firstly , it is NOT a "fine" and you must NEVER call it a "fine" , not on here and CERTAINLY NOT TO NISSAN

it may seem pedantic but in your lease agreement it may well be that NISSAN will pay any FINE or PENALTY and invoice YOU for that charge plus an admin fee

post #1 of the NEWBIES thread has a section on appealing lease vehicles , where you are the lessee (keeper) but are NOT the RK (as Nissan are the actual RK)

you need to read your lease agreement and contact NISSAN direct , perferably in writing , and ask them to name YOU as LESSEE (KEEPER) to any parking company including HIGHVIEW , under the BVRLA guidelines and according to POFA2012 (the law)

tell them that you will deal with any flak and they must NOT pay it and must not get involved other than to give your name and address as LESSEE (as KEEPER)

words are important , so do not confuse anyone by calling this a "fine" , because it isnt , its an INVOICE (if it comes , in which case Nissan will get the first one as RK)

once you get the NTH in your own name (H = Hirer) you appeal using one of the template appeals written by EDNA BASHER , appealing as lessee , keeper , because you are both of those words

do NOT name the driver , anyone could be driving that vehicle , including me , your local mechanic , anyone with suitable insurance

you will win this as LESSEE , as KEEPER , and because HV will fail POFA

BUT BEING A LESSEE MAKES IT MORE LONG WINDED

so forewarn Nissan and in the meantime contact the cinema to see if they can cancel any possoble PCN (dont say "fine")

Coupon-mad

Fizz_Bomb wrote: »

Thank you both very much, I’ll do that now and await the fine.
I am not the registered keeper of the car however, I’m a named driver as it is a lease car...does that make a difference? The ticket will go to Nissan, who the car is leased through and then be forwarded to me, I’m not sure if that makes a difference?

YES it does!!

Read the lease firm section of the NEWBIES thread please and stop drip feeding info that's already fully covered in that 'sticky'. This is why we ask people to read it first.

You haven't actually got a PCN though have you?

on Saturday I took my children to the cinema to see Avengers and parked in the nearby Tesco car park as usual...you can validate your parking at the end of your stay using a ticket from the cinema. However, as the film was 3.5 hours long and I popped into Tesco afterwards, the machine wouldn’t allow me to validate because if overstayed the 4 hours maximum stay time.

I noted, of course afterwards that the sign did state this but it hadn’t entered my head beforehand as I always park this way. I must’ve been over by 10 minutes at the most. So I had to leave without paying/doing anything.

Luckily, Tesco have a policy of just sending a warning first time, so they say.

But just in case a PCN arrives to the lease firm and not just a warning letter, send an email (NO PHONE CALLS) to the lease firm, telling them that they might get a private PCN letter from Highview re a Tesco at xxxxxxx on xx/xx/19 and if so, they are hereby warned that Highview PCNs are not capable of keeper liability as they choose not to use the Protection of Freedoms Act 2012, and so there is no risk of liability whatsoever to the lease firm.

However, you do consent to them giving your name & address as lessee/hirer to Highview, or for the lease firm to simply pass the notice to you to appeal, but NOT for them to pay it.

You may also want to ask for a copy of the t&cs regarding fake PCNs that are non-POFA (not capable of keeper liability) and what admin cost applies if their t&cs cover such invoices, which are not penalties/fines.