I hate myself for getting into this mess again

Dianna67

I hate myself for getting into this mess again. I recently won an appeal against Athena for a Lidl parking fine (I wasn't even driving at the time).

But less than a month later, here I am again - this time its Parking Eye, who have issued me with a PCN following a stay at the Liverpool Adelphi Britannia Car Park.

I arrived at the car park, parked up, logged onto the app, created an account, added my bank card and paid for 4 hours of parking. I kept an eye on the countdown timer on the app and made sure that I left the site 4 hours later. However, 4 Days later I received a PCN. I appealed and this was rejected.

I was shocked to find out that they start the parking timer the moment you drive in....not from the moment you buy a ticket. How can one possibly be expected to purchase a ticket at the exact moment of entry? Isn't this a breach of "grace period under BPA code of practice"?

If I'm expected to calculate the exact time I take to park up and pay, and then subtract this time from my purchased time - then how is this clear?

ARGHHH I cant believe I'm finding myself in another !!!!!!! PCN battle!!!

I'm pretty sure I know what I need to do, but I'm so peed off that i actually want to challenge the whole process and take them down! How many people will just pay? How many visitors to the city wont want the hassle and will just pay? This is just so unfair and unrealistic!!!

Le_Kirk

Yep, you do know what to do courtesy of having done it before BUT you can also complain to the Adelphi and explain why you, your family and friends can no longer afford to stay at the Adelphi if every stay comes with a £100 surcharge! And, if you do overcome your reluctance to stay there, next time, STOP your car at the point where the ANPR cameras are situated and take as long as you need to pay for your parking, cause a nice long queue and see what the Adelphi says about that!

Fruitcake

If you are sure you know what to do, why have you revealed the driver's identity?
Parking scammers monitor this forum.
This is especially important if you have a "golden Ticket".

How long was the alleged overstay? Remember that there are two grace periods in the BPA CoP.

The case of Thornton vs Shoe Lane determined that the Parking contract starts when the ticket is purchased.

Get pics of the site and signage ready for PoPLA.

The_Deep

How long have they alleged you overstayed? You cannot purchase a ticket immediately if there is a queue so this may be an umfair term in a consumer contract.
[URL]file:///C:/Users/David/AppData/Local/Microsoft/Windows/INetCache/IE/QHN7FYRM/Unfair_Terms_Main_Guidance.pdf[/URL]

[FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, or to all likely candidates now, it can cause the scammer extra costs and work, and often, if they know an MP is in the loop, they will cancel the charge..

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

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

KeithP

file:///C:/Users/David/AppData/Local/Microsoft/Windows/INetCache/IE/QHN7FYRM/Unfair_Terms_Main_Guidance.pdf

Wow!!

A link to a file on the C: drive on your computer TD cannot be followed by us mere mortals.

Umkomaas

The case of Thornton vs Shoe Lane determined that the Parking contract starts when the ticket is purchased.

And more recently confirmed in the Appeal Court in NCP v HMRC.

(Time of parking runs only from the point of obtaining the ticket, not on entry to car park)

https://forums.moneysavingexpert.com/discussion/6004010/ncp-appeal-tax-man-1-ncp-nil

https://www.bailii.org/ew/cases/EWCA/Civ/2019/854.html

Umkomaas

KeithP wrote: »

Wow!!

A link to a file on the C: drive on your computer TD cannot be followed by us mere mortals.

I've told him about this before.

Cloth ears!

Fruitcake

KeithP wrote: »

Wow!!

A link to a file on the C: drive on your computer TD cannot be followed by us mere mortals.

Umkomaas wrote: »

I've told him about this before.

Cloth ears!

Perhaps we should charge him corkage.

Le_Kirk

Well, I found his C: drive quite illuminating! Especially that invoice from Oddbins!

Dianna67

The overstay was 10 minutes. A perfectly reasonable time to find a space, log on, input bank details and obtain the site reference number to complete the payment.

Dianna67

I did reveal the driver by using the first person. But it's such an unrealistic system that I didn't think it would matter who was driving... The system is clearly f'ked up! I should have played my cards closer to my chest, but I want to win this on fair grounds and not by playing a game.