Euro Car Parks- No meter & overstayed max time?

TobyTell17

Hi

I'm hoping someone could advise, my dad parked in a M&S car park which is managed by euro car parks. The pay meter was taken down and not working, he is deaf and illiterate, someone in the car park communicated to him that you don't need to pay so he walked away and continued to the shops. He has now received a fine through door for £85 because he overstayed the maximum time of 2 hours by 21 minutes. He was surprised to receive this as he the meter was dismantled he was under impression  (rightly or wrongly) if he didn't need to pay there was no time restriction either. 

Does he have a case?

Umkomaas

Have you contacted M&S (if they are the sole retailer and the car park is exclusively servicing them), told them of your father's disability and ask them to help a person undoubtedly entitled to reasonable adjustment under the Equality Act 2010, to get this resolved. 

In tandem, you need to read the NEWBIES FAQ sticky, first post, which gives you a parallel starting point, but see if you can get a M&S cancellation, although do not miss the ECP appeal deadline if you're kept waiting for a M&S response. 

Redx

It's not a fine , it's a parking charge notice , or PCN

Check that NTK PCN to see if it complies with the law named POFA

Either it did , or it didn't , so check

On private property , all signage must be followed , you don't get the automatic fight to park , for free , forever

If it's now a free car park , time limits apply , typically 2 hours or 3 hours

fisherjim

As above you need to get back to the car park and see exactly what the position is with signage along with complaining to the manager of the store.

D_P_Dance

It is not a fine.  Has he complained to his MP?

TobyTell17

Thank you for all your replies, annoyingly I only have until Friday to challenge or pay and the NTK is correct. I called M&S and they advise the car park is operated independently so they would not do anything and I can't see anything on newbies tab that applies to us, I presume the rules around parking time limits still apply as Redx says even thought the parking meter was out of order. I will still challenge regardless as we have passed the 14days to pay reduced fee so if they reject at least I can still pay reduced fee!

Umkomaas

Thank you for all your replies, annoyingly I only have until Friday to challenge or pay and the NTK is correct.

Why are you feeling pressurised by that deadline set by the PPC?

If it's not an exclusive M&S car park, and it services a number of retail outlets, then you need to contact the retail park management agents. Some digging to do!

TobyTell17

I suppose if I miss the PPC deadline I also miss the opportunity to pay reduced fee as I'm not sure how much of a leg I have to stand on! I cant get to the car park and am relying on what my dad can comprehend to communicate with me

Umkomaas

What's the name of and post code for the car park?

TobyTell17

M&S - Eltham (SE9 1TQ)

Umkomaas

TobyTell17 said:

M&S - Eltham (SE9 1TQ)

That looks an exclusive M&S car park on Google Street View, even the M&S sign at the entrance says so. I don't know who you spoke with there but they were clearly misinforming you and you do need to escalate it now.  You need to be praying in aid the Equality Act 2010 to help you push them to a tipping point. Read it, especially around the 'Reasonable Adjustment' angle.