Parking Charge Notice - Emergency Stop

031parkers

Hi Everyone, 

I've received a Parking Charge Notice from a private company for parking in a residential estate. 

I'd like to appeal this ticket as I had to make an emergency stop after seeing a warning notification on my cars nav screen informing me that there was an issue with my brakes. The warning advised that I needed to have my brakes pads replaced. Obviously, brake pads are not something you can take any risk with. I panicked, and felt I needed to pull over to investigate, I thought I might be putting myself, or others, in immediate danger by proceeding to drive. I could not pull over on the road that I was driving on when I saw the notification as it is very narrow and a fair amount of large London buses use this one way road. I decided the safest option was to pull into the residential estate. Upon parking up, I thought the best place to seek advise as to whether it's safe to proceed driving was from my road side recovery service. Unfortunately, my phone was dead so could not make the call in the car. I left the car briefly to ask the local taxi rank drivers if they'd be kind enough to let me use their phone to call - I couldn't have been gone more than 15 minutes. 

The above resulted in the ticket in question. My argument is, is that I feared for my safety and it was an emergency stop. I don't know anything about cars so I felt I had to seek professional advise in order to proceed with driving the vehicle. It would have been irresponsible, and potentially dangerous, for me to not make this stop and investigate. It was the safest and quickest place to pull over.  I did end up needing my brake pads replaced and this was carried out a few days after. 

Does anyone think this will win an appeal? Is there anything I could include to help my case?

Thanks in advance for your help! 

Scrapit

No that won't win an appeal.
But still don't pay.

1505grandad

Which parking company?

Coupon-mad

You can't win an appeal against an IPC member (I am assuming it is an OPC member) because the IAS is a kangaroo court.  But you'd probably win in court, if they tried, because you can't have seen signs that told you that you were agreeing to pay £100 for the privilege of stopping when broken down. 

This is the same as all cases but you haven't told us which PPC is it and you don't appear to have read the NEWBIES thread first.  We are getting a lot of threads like this.

Please read it.  No looking for it on a phone, and no links given.  You don't need a link to an announcement at the top of the forum and anyway, my signature under this reply tells you where to click at the top of any page...

Anyway sit tight, come back if you get a daft court claim and do THIS please:

CHANNEL YOUR ANGER ABOUT THIS PATHETIC CHARGE TO CHANGE THE WAY THE PARKING INDUSTRY WORK.

An urgent task – deadline approaching in a week or so:

Please now make a real difference because not enough people have yet, and time is running out. 

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED:

1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

 

2.    Register, log into the BSI page, and download & read the cover letter here:

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

 

3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

 

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

 

5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!