Fined for using parcel locker on petrol station forecourt

BF2

I would like to say thanks for the informative sticky - which I have completely read before making this post.  I'm going to have to play the 'my case is slightly different' card, even if I get flamed, because after reading everything I genuinely believe it is. 

I have received a NTK in the post within 14 days of stopping to put some parcels into an InPost parcel locker on a petrol station forecourt.  I stopped at a petrol pump because there is no other obvious place which does not have double yellow lines or big letters painted on the forecourt saying NO PARKING and I did not want to fall fowl of being in a prohibited location, plus I assumed the services provided on the forecourt could be utilised by stopping on the forecourt away from double yellow lines / causing an obstruction.

The reason stated on the NTK is 'Not parked within an allocated parking bay'.  The PPC is a member of the BPA and has followed POFA wording in the NTK.

There is excellent streetview of the location as the Google car must have driven on the forecourt itself (I can't post the link as a new forum member but if you google 'esso triangle south ealing london').  There are a mix of 'No parking at any time signs' and 'No unauthorised parking signs' around the location.  There are two allocated parking bays (by allocated I assume outlined in white markings) directly in front of the Sainsburys on the other side of the forecourt and a sign which says 'No unauthorised parking' and '30 minutes maximum parking for Sainsburys customers only' so why would I park in one of those bays.  I took the 'No parking at any time' signs to be specific to the location nearest them, like next to the gas bottles and along the double yellow lines for the gap between the pumps and the street so as not to block access.  

In my mind I was not 'parked', I was 'unloading' parcels.  This may not be a strong pillar of defence.  I am struggling because this isn't a 'car park', it's a petrol station forecourt and what constitutes parking or not parking is a grey area in my mind.  If one fills up with fuel, locks the car, and walks into the kiosk to pay, is a photo of an empty locked car on a petrol station forecourt by the pump enough on a NTK to say you are not parked within an allocated bay?  Is a petrol station forecourt a 'car park' to begin with?  I was at the pump for around 5 minutes before vacating.

If I was parked, which I don't agree I was - There are two signs which say 'No unauthorised parking' with one set of Tc&Cs and two signs which say 'No parking at any time' with different wording.  If I first noticed and read a 'no unauthorised parking' sign and contracted myself to its Tc&Cs when deciding whether or not to park, surely a rightminded person would believe the parcel drop off locker on the forecourt to be an authorised use as it is a service located on the forecourt.  There is no clarity which signs apply to which locations around the forecourt.

My next step was to appeal with the templated first appeal and also ask for evidence of how long my car is alleged to have been parked in the car park. From reading the BPA code of practice it seems that the 10 minute grace period does not apply because you cannot pay for parking, or park for a defined free period (unless you are a Sainsburys customer), so a minimum 5 minute consideration period would apply.  This may be the easiest way to refute the charge if I was there less than five minutes, or at least if their evidence doesn't show it to be longer than five minutes.  I also thought that asking for evidence that the car was not filled with petrol whilst at the pump would be a wise move in case they cannot produce it and therefore why is the car being there an issue if it may have filled up.

I would really appreciate any guidance. TIA

Le_Kirk

If you have read and taken in the info in the NEWBIE sticky, then you will recall that the first thing is Plan A, a complaint to the garage/petrol station.  You were a genuine user of one of the facilities offered by them and do not expect to have to pay £100/£60 for the privilege.

BF2

Actually I did contact Esso customer service but they said they couldn't help because they don't manage any of their petrol stations. I am awaiting a response back from whoever does own the petrol station via Esso.  I was hoping for some tips on anything to add into my template first appeal specific to this situation as time is short.  I received the letter today but it is dated 10 days ago 

Redx

The blue text template is normally used in all cases , unchanged , appealing as keeper , it's that simple , the newbies thread tells you this , nothing to do with the situation

Save grace periods and Jopson versus Homeguard loading/unloading etc for Popla

beamerguy

BF2 said:

Actually I did contact Esso customer service but they said they couldn't help because they don't manage any of their petrol stations. I am awaiting a response back from whoever does own the petrol station via Esso.  I was hoping for some tips on anything to add into my template first appeal specific to this situation as time is short.  I received the letter today but it is dated 10 days ago 

It's a franchise.  The owner of the franchise will have an agreement for the parcel box.
It is a service of the garage and as such it's no different to buying a packet crisps

I would go in the garage, find out the contact number of the owner and advise him or her that if this ends up in court, you will call them as a witness to explain this to a judge.
Suggest that they cancel the ticket to avoid this.

By allowing the parcel box on the site, it is an invitation to use it and all part of the service offered

1505grandad

Who is the ppc?

Umkomaas

1505grandad said:

Who is the ppc?

Looks like Private Parking Solutions London Ltd (from GSV). They've become mildly litigious of late. Best that the OP leans on the franchisee to get this booted into the long grass. 

BF2

Thank you all for the replies.  In addition to the template, I have drafted the following to add to the first appeal, as after re-visiting the site and taking photographs of the prominent signage on every fuel pump, I hope it would make PPS think twice about continuing - is that naive?  Is there any benefit to saving this point for later?

>>>>

In order to resolve the dispute I attach a photograph of the signage you have prominently installed within the referenced site.  The signage clearly reads:

“NO PARKING AT PUMPS WHILE SHOPPING IN SAINSBURY’S STORE

THANK YOU

PPS

Private Parking Solutions (London) Ltd”

The terms as shown on the photographed signage are straightforward.  The reason you stated in the notice for the issue of the 'parking charge' however was “Not Parked Within An Allocated Parking Bay”.  I can therefore only assume that you have made an error in issuing this ‘parking charge’ as the signage does not allow your reason for issuance, nor does it allow for any charges to be levied against a driver even if the terms were breached.

Coupon-mad

Don't call a PPC sign 'prominent' or 'clear'!

D_P_Dance

It is not a fine and it was not for posting parcels, it was for parking in breach of a PPC's T&C.  Have you read the newbies?  Have you complained to your MP?