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not parked - picking up disabled relative

gobble56
gobble56 Posts: 16 Forumite
edited 3 August 2019 at 10:03AM in Parking tickets, fines & parking
The driver had arranged to pick up a disabled relative from the road, but that relative decided to walk into the car park (private) instead of wait on the road, as they thought the car would be out of the way of passing traffic. The car is only in there for the time it takes for the disabled person and their carer to get into the car. It was not parked. Is that acceptable (a one off event)? Is it a breach of T&C (a well known national company)?
There are other things going on, that I do not wish to write about on a public forum, but this is one part of the defence of a pcn. Or would a more obfuscated defence be more appropriate?
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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    see post #2 of the NEWBIES FAQ sticky thread for court info and defences etc


    the time the vehicle was on that private car park is the invoiced time , its irrelevant if it was "parked" or not, being on site is sufficient and the signs told the driver the T & C,s
  • gobble56
    gobble56 Posts: 16 Forumite
    Thanks.
    The car was on site for less than the grace period. Should the defence explain why, or just state that it was onsite for less than the grace period.
  • Umkomaas
    Umkomaas Posts: 44,310 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you received a court claim from the Northampton CCBC for this?

    Holding back information from the forum when you are seeking advice to help you resolve this is unlikely to get you the comprehensive help you will find essential to your problem.

    Which parking company?
    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
  • Coupon-mad
    Coupon-mad Posts: 160,645 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The car is only in there for the time it takes for the disabled person and their carer to get into the car. It was not parked. Is that acceptable (a one off event)?
    It is perfectly acceptable for the driver and absolute scammery by the PPC.

    Let us guess - PCM, like the Mrs Sunglasses site?

    http://parking-prankster.blogspot.com/2016/12/heath-parade-graham-park-way-scam-site.html

    If not, who, and what date is on the claim and have you read the NEWBIES thread post #2 all about how to play this defence and win?
    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
  • gobble56
    gobble56 Posts: 16 Forumite
    I received a LBC. I'm nervous of giving too many details that might be recognisable/searchable. I feel stuck.
    The company shares its name with the start of the word 'excellent'.
    Iam torn about whether to simply enter a defence at this stage; follow the info on one thread dating from 2013 that recommends starting by challenging the fact that the LBC doesn't contain the necessary info; or start by requesting an SAR.
  • Coupon-mad
    Coupon-mad Posts: 160,645 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You are at LBC stage so you can't enter a defence!

    The NEWBIES thread tells you what to do when you get a LBC, and there are plenty of other claim threads about that same firm this week - why not search & read them first, to prepare?

    Don't read the OLD OLD OLD thread about LBCCC Fightback by Lazy Daisy! All the citations about the Practice Direction are out of date!! FORGET IT.

    If you were meant to read that, it would be linked in the NEWBIES thread. Instead, this year I've edited the NEWBIES thread to tell everyone to send a SAR.
    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
  • gobble56
    gobble56 Posts: 16 Forumite
    Ok... So the driver visited twice and anpr ignored the middle two entry/exit points. Driving around to look for parking spot but there were none in first visit. Helping a blue badge holder into vehicle after visiting nearby premises in second visit. There are credible witnesses to the event (driver, disabled person, person they were meeting).
    I write requesting sar, but cannot use these defence points until it comes to court, is that correct? Or now you have more info you would advise differently?
  • Coupon-mad
    Coupon-mad Posts: 160,645 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Wow - then why are you hiding the facts if this was a scam double dip?! I'd be singing the details from the rooftops and counter-suing Excel!

    I posted this yesterday, same scenario:

    https://forums.moneysavingexpert.com/discussion/comment/75790004#Comment_75790004

    Get that emailed to their Data Protection Officer and threaten an ICO complaint.
    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
  • gobble56
    gobble56 Posts: 16 Forumite
    Thank you. I've been shaking with fear and it's now turned into tears of relief. Thank you.
  • Half_way
    Half_way Posts: 7,681 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    gobble56 wrote: »
    Thank you. I've been shaking with fear and it's now turned into tears of relief. Thank you.


    Those tears of releif should be turning into clouds of anger,
    Whose car park was it?


    if it was a so called double dip, youve dont need to worry about naming the parking company, Excell parking, or its owner, Mr Simon Renshaw-Smith
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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