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Unfair parking charge (private company)

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Comments

  • Yes I don’t believe I was blabbing about who was driving I genuinely felt and still do that it is an unfair charge and did not believe I should lie about not driving the vehicle
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Yes I don’t believe I was blabbing about who was driving I genuinely felt and still do that it is an unfair charge and did not believe I should lie about not driving the vehicle
    Fair enough

    So tell it to a judge , if the judge agrees you will pay nothing and claim costs
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 12 December 2019 at 5:52PM
    Yes I don’t believe I was blabbing about who was driving I genuinely felt and still do that it is an unfair charge and did not believe I should lie about not driving the vehicle
    Nor do we. We NEVER tell people to lie.

    That is not the same as 'appealing as the registered keeper'. I agree with Redx:
    In future , don't throw away your best legal point by blabbing about who was driving
    You need to be aware of the scam that is private parking tickets and protect yourself by always appealing as registered keeper, NOT saying who was driving, and in fact not getting a PCN at all (protect yourself when leaving - cover your numberplate past the exit camera - perfectly legal as long as you swiftly remove the obstruction from the numberplate once round the corner on street, whre you must display it by law).

    However, you will get a claim and you will have a defence as everyone does, at the very least the signage is always terrible and in your case the lines were ever worse. The POPLA decision was daft:
    The appellant says they paid for a full day parking but received a PCN for not parking correctly in a bay. The appellant says there were clearly white lines showing and they have provided evidence to show this. Whilst I can see the appellants evidence shows very faint lines, the area the appellant parked is not boxed in the same as the other bays in the car park. There are no bay markings at the front or the back of the bay, the same as all the other bays in the car park. I am satisfied this is not a marked bay.
    You don't get markings at the front & back of every bay in most car parks and no Judge will expect you to have inspected, compared and contrasted all the bays in the car park in order to decide whether the white lines you parked between constituted a 'real bay' or not!

    There is a doctrine called contra proferentum and it is also reflected in the Consumer Rights Act 2015 about ambiguity. By law, ANY ambiguity in terms or notices (and lines on the ground are part of the terms and notices) MUST be interpreted in the way that most favours the consumer.

    There is sufficient ambiguity in leaving old bay lines on tarmac, to interpret it as a bay.
    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
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