Guidance on appeal for overstaying in a retail car park

Romeo100

Hi

I’m a newbie, looking for a bit of guidance please. I’ve spent a couple of hours looking at this forum and found some cases in 2013 and 2014 won by defendents, at the same private retail car park with the same parking company.

The facts:

·         The driver overstayed by minutes, a few minutes over 10 minutes grace period (that should be allowed as per BPA code)

·         Driver was unaware of the terms and conditions of the car park, albeit time restriction was in large print. The driver was unable to read T&C as was having vision issues.              The glasses made by the Optician were incorrect and was waiting for new correct glasses (the optician agreed to supply letter as evidence)

·         Also when driver returned car battery went flat and had to go to get a battery charger (no evidence as own battery charger and brought with a lift)

·         Terms and conditions were in small print and a normal person would struggle to read as above eyeline, high up on a pole

·         A PCN was received a few days later, with photographs of the number plate, stating the car was parked for longer than permitted, ie 1 and half hours

·         The charge is £85, reduced to £50 for payment within 14 days

·         Driver is over 18 and the car is not leased/ hired

 The process as I understand is to appeal as keeper/ driver first to the parking operator and then POPLA/ BPA. Eventhough browsing/item purchased in retail outlets but no receipts can be produced. Also half of car park was empty while the driver was in the car park and the driver wasn’t blocking anyone from parking.

Apart from the above points I also want to use ‘parking charge does not represent a genuine pre-estimate of loss to the operator or the land owner’ and believe charge is excessive. The two cases I came across of 2013 and 2014 for the same car park (however they parked in dark in the evening) were successful in their appeals using this defence.  I wonder whether this point can still be used in an appeal?

It was the first time the driver had ever parked there, signs not displayed in large print for a driver with vision issues/ partially sighted. And therefore, not party to any contract that they could not see.

Any help/ guidance would really be appreciated.

B789

Forget the pre-estimate/loss argument. Which PPC and which car park? Is PCN PoFA compliant? Also, forget the bribe discount which to get mugs to pay them without any challenge. 

If the PCN is PoFA compliant, you can admit to being the driver or keeper. If not, then you appeal as keeper only.
No inadvertent revealing of the drivers identity. If the PPC is a BPA member, then you will get a POPLA code if your initial appeal fails. If they are IPC members then you may as well forget the IAS and just wait for a claim.

Have you tried the landowner plan A yet? Write to your MP and complain.

All explained in the Newbies/FAQ thread near the top of the forum.

Coupon-mad

Whicb PPC?

Whst happened when you simply tried Plan A (never mind reading ancient 2014 threads that were pre-Beavis!).

I wonder whether this point can still be used in an appeal?

No chance. Went out with the ark!

NEWBIES thread is crystal clear what PLAN A is.

Not_A_Hope

If Plan A doesn’t work part of your defence would be dealing with the flat battery which most judges would consider a ‘small vicissitude’. 

Read Jopson v Homeguard to see what a judge thinks about something similar to your case 

https://www.dropbox.com/s/9ezhkj6epu66l1r/JOPSON-V-HOMEGUARD-2906J-Approved.pdf?dl=0

Romeo100

Thank you guys. Parking eye, part of BPA, castlegate retail car park, Huddersfield. Trying to find landowners details

KeithP

Romeo100 said:

Thank you guys. Parking eye, part of BPA, castlegate retail car park, Huddersfield. Trying to find landowners details

There are a few car parks in that area but none that I can see called Castlegate Retail Car Park. Which shops does the car park that you used serve?

ImNoExpert

Could it be this car park: https://goo.gl/maps/r6SU2HjRa9YszTjs8

The addessess of Mena Foods and West Mount Vets refer to "Castlegate Retail Park" and the signs from Google Street View show ParkingEye signs.

Le_Kirk

I don't think I'd be putting on a public forum that I am driving around with vision problems!

Romeo100

I spoke to staff at one of the shops where I purchased items (cash receipt not found). They said they'll speak to the owner to see if PCN could be cancelled and still waiting to hear, will chase up today/ tomorrow

Romeo100

Spoke to a supervisor at the store who contacted someone over the telephone in front of me in a foreign  language and said ticket is cancelled, however I checked the website and ticket details still there. Should I assume its cancelled or contact the ticket Co?

Coupon-mad

The keeper appeals online (see PCN on the back) and says the Store/retailer park management has cancelled the PCN so you ask that this is treated as your appeal and you want confirmation.