Stopped for 10mins to take medication

_Absinthe_

Hi there, I'm looking for some advice if you don't mind. I have read through the sticky, and done a fair bit of googling, but can't find anything which appears relevant to my case.

I'm also rather late to the game unfortunately, as I've just received a Claim Form from the County Court Business Centre in Northampton, as I [foolishly] ignored the letters from ParkingEye themselves. I've submitted an Acknowledgement of Service via the MCOL website to gain some more time.

In short, whilst travelling for work I unexpectedly needed to stop and take some medication for a lifelong condition which mostly affects my joints and digestive system (Ehlers Danlos Syndrome). The car park of a Holiday Inn hotel at a service area off the dual carriageway I was on was the first available safe place I came across where I could stop. I was stopped in the car park for less than 10mins (time between entry & exit ANPR was 10mins 14secs). I didn't exit the vehicle or turn off the engine. I already have a letter from my GP confirming I have EDS, this is from nearly 2yrs ago from when I was taking my ex to court for increased access to my daughter but being a lifelong condition, nothing's changed.

I remember reading something years ago about contracts being unenforceable if a medical issue prevented one party complying with the terms. Since I was in need of medication and this was the first available safe place to stop, I believe that may apply in this instance, however I'm having trouble finding that material again.

I'd appreciate any & all advice, thank you!

Ralph-y

hi, and welcome to the forum .....


while you a wait other comments please have a read through the newbies thread particularly post #2




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


that will help you see the course of action that you now must take re the scam.


good luck


Ralph:cool:

Fruitcake

_Absinthe_ wrote: »

Hi there, I'm looking for some advice if you don't mind. I have read through the sticky, and done a fair bit of googling, but can't find anything which appears relevant to my case.

I'm also rather late to the game unfortunately, as I've just received a Claim Form from the County Court Business Centre in Northampton, as I [foolishly] ignored the letters from ParkingEye themselves. I've submitted an Acknowledgement of Service via the MCOL website to gain some more time.

In short, whilst travelling for work I unexpectedly needed to stop and take some medication for a lifelong condition which mostly affects my joints and digestive system (Ehlers Danlos Syndrome). The car park of a Holiday Inn hotel at a service area off the dual carriageway I was on was the first available safe place I came across where I could stop. I was stopped in the car park for less than 10mins (time between entry & exit ANPR was 10mins 14secs). I didn't exit the vehicle or turn off the engine. I already have a letter from my GP confirming I have EDS, this is from nearly 2yrs ago from when I was taking my ex to court for increased access to my daughter but being a lifelong condition, nothing's changed.

I remember reading something years ago about contracts being unenforceable if a medical issue prevented one party complying with the terms. Since I was in need of medication and this was the first available safe place to stop, I believe that may apply in this instance, however I'm having trouble finding that material again.

I'd appreciate any & all advice, thank you!

You might have trouble convincing a judge that you couldn't stop anywhere else, although you might be lucky.
You could have stopped on a road, even if there were double yellow lines if it was a safe place to stop, and is well within the law.

The advice to ignore a parking charge has not been given since the law changed in 2012.

Anyway, you are where you are, so follow the guide to court as already mentioned by Ralph-y.
Get pics of the site and signage.
Send parking lie an SAR as per the NEWBIES.
For the court case, you will need to request a copy of the landowner contract from the scammers.
Read the BPA CoP concerning grace periods. (Note the plural).

Have you asked the hotel manager or CEO if they can get the charge cancelled. Being a member of the IHG loyalty programme might help?

Don't forget to complain to your MP about this unregulated scam.

KeithP

What is the Issue Date on your Claim Form?

The_Deep

Nine times out of ten these tickets are scams 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.