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Parking Eye Ocean Car Park Southampton

Pastty
Pastty Posts: 24 Forumite
Sixth Anniversary 10 Posts Name Dropper
Partner recently took her elderly parents to the above, using their car, dropped off her parents, was advised by a cruise terminal staff to park in the car park, was not told there was a fee. She went to use one machine, which was out of order, so went to another put in vehicle details paid and got a ticket which she put in the windscreen and rushed to return to help her parent book in. Now her parents have since returned they informed her that they have received a £100 fine for non purchase of ticket, So she still had the ticket, but it seems payment didn't register so was "void" which it clearly states on the ticket. Alas she was in a rush to help her parents book in so didn't really check. She says she was only in the car park for 30 minutes maximum with the fee of £3.50

Any advice on if she used the "void" ticket  as proof of purchase or tried to pay what was clearly an oversite.?

Comments

  • Gr1pr
    Gr1pr Posts: 6,971 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    Clearly payment was attempted but was not made, hence the £100 parking charge notice, or PCN. ( Its an invoice for the alleged breach of the parking contract on that private property, definitely not a fine, private parking companies cannot fine anyone. )

    First question is, does the received postal PCN comply with POFA or not. ?  Yes or no ?  The newbies sticky thread in announcements helps you to decide that question 

    Is that land not relevant land under POFA schedule 4 due to being a port area . ?  Yes or No 

    Pictures of the signage would really help, plus the actual location itself, google maps etc. ?

    What is the date on the PCN and what was that incident date. ?

    No contact should be attempted until these core items are resolved 
  • Pastty
    Pastty Posts: 24 Forumite
    Sixth Anniversary 10 Posts Name Dropper
    Gr1pr said:
    Clearly payment was attempted but was not made, hence the £100 parking charge notice, or PCN. ( Its an invoice for the alleged breach of the parking contract on that private property, definitely not a fine, private parking companies cannot fine anyone. )

    First question is, does the received postal PCN comply with POFA or not. ?  Yes or no ?  The newbies sticky thread in announcements helps you to decide that question 

    Is that land not relevant land under POFA schedule 4 due to being a port area . ?  Yes or No 

    Pictures of the signage would really help, plus the actual location itself, google maps etc. ?

    What is the date on the PCN and what was that incident date. ?

    No contact should be attempted until these core items are resolved 
    There is another case on here involving  Parking Eye @ Ocean Parking which the Poster went over the time limit, and with it being "By-way land" as you know its the charge is with the driver not the owner. With POPLA being in there favour. But this a different scenario as payment was attempted  and proof of such..

    I will look into the newbies sticky we cant get picture of signage as we live in Cornwall and do not know anyone from that area.

    Will post relevant info when we have collected the letter.

    Personally think  Igot away with a By- Laws land own parking charge by just ignoring it, which started in 2018 and the last letter was sent in a "if you dont pay we'll take it away" envelope about 2 or 3 years ago.

  • Fruitcake
    Fruitcake Posts: 59,425 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It is not a fine.

    The keeper should appeal using the template in blue text from the sticky Announcement for NEWBIES, but should add a one liner that since this is not relevant land where port byelaws apply, the keeper cannot be held liable so PE should cancel now to save themselves money and the embarrassment of losing at PoPLA.

    If it is rejected, then the keeper should appeal to PoPLA using all the standard points from the third post of the NEWBIES, with point 1 being, not relevant land, no keeper liability, as per the recent successful PoPLA appeal concerning this location.
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  • Coupon-mad
    Coupon-mad Posts: 148,881 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 28 July 2024 at 3:43PM
    Also I think the new BPA CoP might have a clause saying operators should take care not to use machines that print 'void' tickets that could easily be taken and shoved in a pocket because it looks similar to a fee paid receipt.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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