HX issued PCN for being slow to buy ticket - options?

Christian181

We recently paid for four hours parking at a car park in Cartmel Racecourse in the Lake District. We got a notice from HX a few weeks later saying no ticket was purchased for our 90 minute stay. We appealed it on the basis we had bought a ticket and remembered clearly. They then rejected the appeal saying they had a record of us buying the ticket for four hours but we had taken 23 minutes to do so on entering the car park and the limit was 15 minutes. (So a different point to their initial notice.)

We took long paying because: a) I couldn't find my wallet and hence a card to pay with. I searched for a while. b) eventually I borrowed a card off my daughter to pay but she was attending a briefing for a Segway tour we had booked her onto that left from the car park. So I had to wait for the briefing to finish. c) I then queued up at length with her card in hand and paid at the machine. There was someone in front of me that took an age. 

So those are the circumstances that led to my being slow to buy the ticket. They weren't part of my appeal originally as I knew I had paid. I obviously paid in good faith for a period of time far beyond what was used.

Have I got a case I can support if it does to the adjudicator or then goes to court?

Le_Kirk

If you have appealed to HX and it has been rejected, there is no further appeal that regulars would recommend.  HX is part of the IPC and their "so-called" independent appeal service is anything but.  It is now time to brace yourself for loads of letters from toothless debt collectors until you receive a proper letter of/before claim and possible formal court claim papers.  More information is to be found in the NEWBIE sticky, which is ALWAYS your first port of call.

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

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 later this year,

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

nosferatu1001

Chances of a court deciding that your "breach" is worth time in court is low, I would suggest, and HX arent known for many cases in any case

If you move in the next 6 years, inform their DPO of your new address for service and instruct them to erase your old address
This is important. Use the words i gave you. 

Ralph-y

Have you complained to the race course yet?   Be ready ... if they say they don't own the land that ask who does ...

Ralph

Coupon-mad

There is no Adjudicator.  The IAS allowed 5% of appeals heard in 2019, and 6% the years before (or vice versa) and are clearly the very essence of a kangaroo court, by any reasonable interpretation. YOu case is the same as every other IPC thread, please read ANY and sit tight.

It doesn't look like you've read NEWBIES PLEASE READ THESE FAQS FIRST, yet, because you believed their misleading crap that there was an appeal!

Come back at court claim stage and hold on to all paperwork and prof of paying, for SIX YEARS.  Yep!

Please now make a real difference - A TASK FOR SEPTEMBER.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!