Parking fine while stuck in traffic

mazzy1269

Hi,

Can anyone help?

My friend and I both parked in Middleway retail park in Burton which is free for 4 hours, we had decided to meet up for a coffee first and then go to the cinema, the film was 3 hours long and by the time we left the cinema we had about 10 minutes left of the free time, unfortunately it is the worst car park at rush hour and we were stuck trying to get out for nearly 30 minutes, I couldn’t even get out of my car park space for 15 of those. 

My friend has just received a letter from Debt Recover Plus for £170, without receiving and kind of parking fine prior to this.
I am expecting the same but unfortunately my old car was leased so it will go to the leasing company first before coming to me.
I have texts to my partner ranting about being stuck for so long lol.

Where do we stand with this? 

Gr1pr

Only a judge can tell you the answer 

But, you should be complaining strongly about the PCN to the retail park management team or landowner and get it cancelled, plan A, do so ASAP to prevent court action in the future, should have been done when the PCN arrived 

Umkomaas

Which parking firm?  Depending on which, there may be nuances in how you deal with them. 

Half_way

Do not attempt to guess as to who the driver was, never used terms like I drove, he , she friend, uncle, aunt, niece, son daughter neighbour etc.

Coupon-mad

Umkomaas said:

Which parking firm?  Depending on which, there may be nuances in how you deal with them. 

I'm going to guess: Smart Parking, who have form for going straight to DRP threatograms.

mazzy1269

It was Smart Parking and we received no PCN prior to this.
My friend says he’s just going to pay it as he has no other choice but surely without receiving an original PCN this is illegal?

Gr1pr

No laws were broken, but it is currently an unregulated industry 

Not illegal 

You should be getting the landowner to cancel them

Half_way

Your friend will ,be daft to pay this, a complaint should be made to the site owners making sure that the circumstances are communicated and this is also referenced:

 http://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html

Is this the site?

https://completelyretail.co.uk/scheme/middleway-retail-and-leisure-park-burton-upon-trent-2255

and

https://www.cspretail.com/properties/middleway-retail-leisure-park/

As said, these are not fines or penalties, and waiting is not parking - not to mention that any supposed contract about "stay"  will be un enforceable as the vehicle was prevented from leaving

If people pay the parking companies when they issue their overblown parking charge notices, they are contributing towards the misery and intimidation of others do not pay the parking scum

Coupon-mad

mazzy1269 said:

It was Smart Parking and we received no PCN prior to this.
My friend says he’s just going to pay it as he has no other choice but surely without receiving an original PCN this is illegal?

Of course he doesn't pay!

If we all did this, there would be no new statutory Code of Practice coming in.

fisherjim

mazzy1269 said:

It was Smart Parking and we received no PCN prior to this.
My friend says he’s just going to pay it as he has no other choice but surely without receiving an original PCN this is illegal?

What on earth?

How can anyone state that, it's just daft, does your friend pay every scammer that contacts them, this clearly is a scam!

Half_way

You have the choice not to pay, and you also have the choice to turn the tables and go for the PPC, as the vehicle was not parked (it was leaving) they should not have accessed the personal data of the car's registered keeper to issue a parking charge notice