Parking Fine for Unloading

Magi2009

Skiddaw1 wrote: »

Magi2009, I've not posted on this board previously but I post on other parts of the forum and I often read threads on this board solely because I so admire the depth of knowledge and commitment some of the regular posters have. They're not a bunch of amateurs. Honestly, they're probably a world authority on how to challenge something like this and I'm certain they really will do all they can to help you but as has been said, they're just too stretched to lead you through the entire process.



I can see you're (understandably) finding this whole situation immensely stressful and daunting - I would too (whereas to the forum gurus your situation is par for the course)- but because of that, I think you're getting yourself into a bit of a panic (again understandable) and therefore finding it impossible to see the wood for the trees. May I make a suggestion? Step back, take some deep breaths, get yourself a pot of tea (or a bottle of wine or both) and (slowly) read through the Newbies thread. Doesn't matter if it takes you a few goes (there's such a lot to take in) but I think that if you can do that you'll see that most (if not all) of the questions and concerns you've raised are answered (illustrated with examples and success stories from other forum users past and present) and that it isn't as complicated and definitely not as scary as it seems at present. If there's someone who can read through everything with you it might also be a help (I find it really makes a difference when you're in that state where you've forgotten the start of the sentence by the time you reach the end).




Hope this doesn't sound horribly patronizing but I can see you're struggling and I think that if you could just allow yourself to relax and come down from the ceiling you'll see that you can challenge this (with every prospect of success). Just think how (rightly) pleased and proud of yourself you'll be then!

I understand what you’re saying but if I was answering a question I’d answer it if I knew the answer not keep sending someone off to find it for themselves. This is what’s winding me up more now than the fine. Again my situation is not in the newbies section, I’ve read it several times. I understand about don’t pay, wait for the l letter that takes you to court but as I’ve said a solicitor has advised against risking court as he’s sure I’d lose. It’s simple — I parked illegally, where I shouldn’t have. I didn’t realise but I did. If you park on double yellow lines you’d expect to be done. I basically did. I can’t see any defence as I’ve got no witness or evidence. That’s what I want to know - what’s my defence it’s a simple question. When the judge asks me why you parked there what do I say.

KeithP

Magi2009 wrote: »

When the judge asks me why you parked there what do I say.

You say "because a person who appeared to me to be in authority told me that that was the right thing to do".

waamo

I don't think my defence was bad as I'm a "joke" any comments?

Coupon-mad

waamo wrote: »

Grace periods. All parking companies are expected to give 10 minutes grace period.

Vine. If signs aren't seen you can't be held to them.

Forbidding contract. If a contract specifically forbids something then it can't ask you to pay for something you can't do ie if it says No Parking then it means exactly that. It needs to make an offer you can understand ie parking in hatched area costs £100.

Informed loading was acceptable. If someone told you why should you disbelieve it? Yes this point has legs in law.

Lack of POFA compliance. I bet the NTK has flaws. I've only seen one or two that haven't.

I will also bet the signage isn't actually compliant. Both the BPA and IPC sign off none compliant signage.

Is that enough?

Looks good to me, and as I already said to this OP:

but like we said you do not have to pay and unloading where you were relying on a verbal agreement, IS a decent defence.

May as well defend if the parking firm send a claim. Absolute scammers.

I’ve now spoken with solicitor friend who says If it goes to court, I’d lose, because they’ve got photographic evidence of me there, even though only 7 minutes.

It’s not worth the risk, just pay the £60 as the bill would be in the hundreds then.

Solicitor friend is wrong. There is no CCJ risk. We do this every day.

I repeat - only a mug with more money than sense would pay PCM after coming here. The example defences in the NEWBIES thread show how to beat a private PCN in court.

waamo

Coupon-mad wrote: »

Looks good to me, and as I already said to this OP:



May as well defend if the parking firm send a claim. Absolute scammers.
Solicitor friend is wrong. There is no CCJ risk. We do this every day.

I repeat - only a mug with more money than sense would pay PCM after coming here. The example defences in the NEWBIES thread show how to beat a private PCN in court.

Yet according to the op I'm "a joke". I'm 8 nil up against ppcs. That's my own tickets let alone ones I've helped with. Yet the op insists they need to pay it.

Coupon-mad

The OP needs to calm down and see PCM for what they are.

MistyZ

Magi2009 wrote: »

I am putting the effort in but I don’t understand. Shopping park management says they will look into it but as I was parked on hatched lines I shouldn’t have been parked there under any circumstances. The problem is, shopping centre didn’t book me, a private party organised by a parent did. It was they who told me to pull up outside. So management save no responsibility for me parking there, nor does venue as they never booked me. I’m keeping my fingers crossed but when you say work what work is there to do. You say don’t do any thing, didn’t pay, don’t appeal, just ignore. We’re the work in that.

I think the landowner complaint is still promising.

The PPCs do a damn good job of making motorists caught out by confusing signage and tricky situations feel like miserable criminals or complete wallies.

Focus on the fact that you had a job of work to do and presumably needed to get your gear inside the venue quickly. Never mind the hatched lines, court cases or who owns what etc. All that is for later if (and it is an 'if', nobody has a crystal ball) this goes further.

So when dealing with the landowner YOU ARE IN THE RIGHT. No 'sorries' allowed. Although they didn't book you, you brought money into their premises. They do not need to know the name, address and shoe size of whoever told you it was okay to stop where you did. They just need to be persuaded by determined argument.

Email the landowner again if you haven't heard back yet. Say that as you haven't had a reply so far you are becoming increasingly concerned about the parking charge. Clearly summarise the events that led to it. Point out that the car was parked for a very short period in good faith due to erroneous advice and poor signage and that while you are now wise after the event, you are nonetheless dealing with a worrying, open-ended situation that could incur significant costs. Strongly request that they cancel the charge.

That email and any other communication with the landowner needs to be good. Clarity is key, honesty is key. And determination that an honest mistake should not be penalised is vital and has to come across too. They may do a bit of wrist slapping but then they always do that .... all that matters is that they cancel the charge which they most certainly can do.

Magi2009

KeithP wrote: »

You say "because a person who appeared to me to be in authority told me that that was the right thing to do".

Thanks for this. Do I need the name of this person, contact details etc.?

Magi2009

MistyZ wrote: »

I think the landowner complaint is still promising.

The PPCs do a damn good job of making motorists caught out by confusing signage and tricky situations feel like miserable criminals or complete wallies.

Focus on the fact that you had a job of work to do and presumably needed to get your gear inside the venue quickly. Never mind the hatched lines, court cases or who owns what etc. All that is for later if (and it is an 'if', nobody has a crystal ball) this goes further.

So when dealing with the landowner YOU ARE IN THE RIGHT. No 'sorries' allowed. Although they didn't book you, you brought money into their premises. They do not need to know the name, address and shoe size of whoever told you it was okay to stop where you did. They just need to be persuaded by determined argument.

Email the landowner again if you haven't heard back yet. Say that as you haven't had a reply so far you are becoming increasingly concerned about the parking charge. Clearly summarise the events that led to it. Point out that the car was parked for a very short period in good faith due to erroneous advice and poor signage and that while you are now wise after the event, you are nonetheless dealing with a worrying, open-ended situation that could incur significant costs. Strongly request that they cancel the charge.

That email and any other communication with the landowner needs to be good. Clarity is key, honesty is key. And determination that an honest mistake should not be penalised is vital and has to come across too. They may do a bit of wrist slapping but then they always do that .... all that matters is that they cancel the charge which they most certainly can do.

Thanks for this it’s slowly becoming clearer but I’ve spoken now to shopping centre management and they say as I parked illegally there’s nothing they can do. Signs are up, they are there to be read. It’s my fault, they can’t do anything. Even the agree I moved after 7 minutes and parked in a correct space for the further 1 Hour 20 minutes-ish.

Do I now appeal. That’s what they’ve said I should do.

Magi2009

To everyone I was am Up set, confused and I really thought the management would help. I’m not being lazy, I do find it difficult to understand this sort of Technical stuff. I’ve got 6 days to pay before it rises to £100. I’m still making my mind up as to what to do. The info given recently is very helpful. For someone like me who has no knowledge of this sort of stuff, has never used a forum before and I’m not a great academic type person, it’s a struggle. Thanks for your help... I may need more than most but would appreciate it. I’m going to try and beat these ba#%^*+}^