NTK - Not parked correctly within the bay markings - Should I appeal with mitigating circumstances?

crunch89

Apologies, I misspelt the subject and now cannot edit it! It should read "with mitigating circumstances"

Hi,

My wife received a postal NTK from UKPC a few days ago from a local shopping centre car park and wondering whether to follow the MSE template with regards to mitigating circumstances?

Not parked correctly within the markings of the bay or space.

For some context, she is heavily pregnant (due next week!) and was with our 2.5yr old son. She parked outside the markings of the parent & toddler space as there are railings on the left side of said space and no hatched area; this left her enough space to open the rear door and help out son out of the car seat. I don't believe this to have affected another car being able to park in the next space. She said the parking attendant even saw her leaving the car with our son, but did not mention anything about her parking. She become quite stressed about the whole situation, especially with the impending arrival.

Anyhow, plan A involved complaining to the MP. I have contacted the shopping centre car park, however I am not hopeful on this point as on their website T&Cs it says "UKPC are contracted to patrol and monitor the car park and carry out enforcement action where necessary. We will not enter into disputes regarding enforcement and this should be directed towards UKPC."

I have also contacted Sainsburys as they are the largest store in the shopping centre. However I am unsure as to how successful this will be, as they do not own the car park and it is owned by the shopping centre itself.



Onto Plan B;
With regards to appealing to UKPC, I just needed some advice on how to proceed. On MSE template, it has a section about mitigating circumstances. I am concerned that by stating the above issue with regards to my wife's maternity it would then identify the driver. Or would mentioning that she was an occupant of the car get around this issue.
OR should I just follow the NEWBIES thread template about disputing the charge and not explain the mitigating circumstances.

I have attached pictures of the contravention as well as a picture of the railings and the adjacent bay

 On a side note, one of the signs pictured (the one on the lampost) does not say anything about parking within the bay markings. The sign on the wall does.

Many Thanks


      


         

Coupon-mad

wondering whether to follow the MSE template with regards to mitigating circumstances?

Nope, if you were thinking of using the terrible MSE template appeal in the site articles about parking tickets.

Mitigation isn't a thing and MSE really should not be suggesting a weak appeal.  Sadly the advice on the main site just isn't up to speed with this forum.

Just do what this forum says to do, which is that the registered keeper (NOT THE DRIVER) appeals on day 25 or 26 (because this is a windscreen PCN and the reason for delaying the appeal is explained in the thread) and they just use the template appeal (FROM THE NEWBIES THREAD) and do not reply if UKPC ask who was driving.

crunch89

Coupon-mad said:

Just do what this forum says to do, which is that the registered keeper (NOT THE DRIVER) appeals on day 25 or 26 (because this is a windscreen PCN and the reason for delaying the appeal is explained in the thread) and they just use the template appeal (FROM THE NEWBIES THREAD) and do not reply if UKPC ask who was driving.

Thanks coupon-mad.

This was actually a postal NTK (incident happened a week previously) so I will submit the appeal straightaway.

Le_Kirk

Wow, that was a really inventive parking space!  Is it only for people whose rear passengers only use the offside door?

Boat_to_Bolivia

Le_Kirk said:

Wow, that was a really inventive parking space!  Is it only for people whose rear passengers only use the offside door?

Especially considering it's a parent and child parking space!!

B789

"heavily pregnant"... methinks that the scammers at UKPC are going to get the EA2010 thrown at them at some stage in this process. Yay!

born_again

Le_Kirk said:

Wow, that was a really inventive parking space!  Is it only for people whose rear passengers only use the offside door?

Or
One reason to reverse into a space. More room on the passenger side 👍

Either way there are also a lot of disabled spaces like this. You just have to chose the most effective way to park in them.

Coupon-mad

born_again said:

Le_Kirk said:

Wow, that was a really inventive parking space!  Is it only for people whose rear passengers only use the offside door?

Or
One reason to reverse into a space. More room on the passenger side 👍

Either way there are also a lot of disabled spaces like this. You just have to chose the most effective way to park in them.

I thought that, but then the driver's door would be hard to open.

The OP should firstly complain to the store.  Before doing anything else, as the Manager can cancel it (and the appeal won't work).

crunch89

born_again said:

Or
One reason to reverse into a space. More room on the passenger side 👍

Either way there are also a lot of disabled spaces like this. You just have to chose the most effective way to park in them.

Unfortunately she would have still had problems getting out of the driver's door.

Looking at the images she feels embarassed by the situation and says she could have parked a bit further over; but I think in her current state her mind is on autopilot and she was doing anything to make life easier!
She wants to just pay the fine and not have it hanging over her, however I think we will contest it following the advice on this thread and the newbies post.

Thank you for all your help, will update if anything comes of it.

B789

crunch89 said:
She wants to just pay the fine and not have it hanging over her, however I think we will contest it following the advice on this thread and the newbies post.

Whilst your wife can be forgiven for wanting to just pay as you both have more pressing matters to deal with in the coming weeks and months, please don't pay these scammers when it is so easily defendable. Paying them just funds their scam and marks you as mugs for future targetting.

You will no doubt be a bit sleep deprived shortly. However, there'll be those occasions when there is some peace and respite and following this up as per Newbies/FAQ and advice on here, you will gain a valuable life lesson in dealing with the legal system and be able to pass your wisdom on to your child in the future.

Coupon-mad

Just go into the shop with baby and the PCN and cry to the Manager in front if other shoppers and say the family feels like never shopping there again.

It'll be cancelled the same day.

DO NOT ACCEPT WHATEVER RUBBISH THE PERSON ON THE CS DESK SAYS, AND IF ANYONE SAYS THE PARKING FIRM 'OWNS' THE CAR PARK, THEY ARE LYING.