Azure Parking tickets for stopping a few mins in car park

Danny30

Hi, I just received 2 separate parking tickets for stopping and waiting in my car for my wife in a car park outside a private retail parade car park for literally a few minutes each time.

I made sure not to stop and wait in an actual car parking space as not to be considered as parking. Is there a way out of this?

Ticket is with Azure Parking 

KeithP

You've been here before.

Why not follow the process you used here?...

Parking ticket with no photographic evidence.

And when you have a moment, perhaps you can update that thread with its conclusion.  

Danny30

KeithP said:

You've been here before.

Why not follow the process you used here?...

Parking ticket with no photographic evidence.

And when you have a moment, perhaps you can update that thread with its conclusion.  

Thank you KeithP. Yes, that was 2 years ago so not sure anything changed. Noted re the previous appeal. I have added the successful Popla apeall in the relevant thread.  

Half_way

Google waiting is not parking.
Also loading a vehicle with goods or people is not parking, see jopson Vs home guard. 

When you say a few minutes are we taking less than 5, 10, 15?

Danny30

Half_way said:

Google waiting is not parking.
Also loading a vehicle with goods or people is not parking, see jopson Vs home guard. 

When you say a few minutes are we taking less than 5, 10, 15?

About 5 mins, maybe 10

Regarding the jopson Vs home guard, that was arguing that the charge was incompatible with the terms of the lease which gives residents easements and specific rights which supersede any parking firm signs. Would this be applicable for a car park as there is technically no requirement for access to pass through?

Danny30

I saw this template online. Any good or better to stick with the one on the Newbie thread?

 

Without prejudice, except as to costs

Parking Charge Notice - Notice to Keeper [Give its ref number]

 

This letter is a formal challenge to the issue of your Parking Charge Notice - Notice to Keeper as set out in the current BPA Ltd AOS Code of Practice B.22

 

On (date) I was the registered keeper of a (make and model of vehicle) registration number (reg number).

 

Before I decide how to deal with your Parking Charge Notice - Notice to Keeper, I should be grateful if you would first answer all the questions and deal with all the issues I have set out below. Once you have done so, I will be able to make an informed decision on how I deal with the matter.

 

I should be grateful for specific answers to all questions raised. In this respect I remind you of the obligations set out in the current Practice Direction on Pre-Action Conduct.

I dispute your claim for the reasons set out below. Please note that although I dispute the whole basis of the parking charge, my main concern is its disproportionate and punitive level.

1. Your parking charge amount claim.

 

Please explain on which of the following grounds your claim is based:

 

(i)    Damages for trespass

(ii)   Damages for breach of contract

(iii)  A contractual sum

2. Your loss.

 

If it is your case that that a trespass was committed or that a contract was breached such that your claim is one for damages; please give me a full breakdown of the actual losses which evidences that this parking charge is a true reflection of the damages caused solely by the alleged parking contravention.


3. Your status – the creditor.

 

Your Parking Charge Notice - Notice to Keeper simply mentions [Insert name of parking company if that is who is named on the PCN/NTK]. Please tell me who is the actual creditor making this £[insert amount] parking charge demand. I need to know exactly who is making the claim and in what capacity.

 

4. Ownership of premises.

 

Please tell me who owns the car park as I wish to send them a copy of this letter.

5. Contractual Authority (as required by BPA Ltd AOS CoP B.7)

 

Please provide me with a copy of the contract between your company and the landowner/landholder that provides the necessary contractual written authority for the issue and enforcement of your Parking Charge Notice - Notice to Keeper.

 

6. Signage.

 

If it is your case that a contract has been breached or that a contractual sum is now due, please send me photographs of the signs that you display and upon which you seek to evidence that a lawful and legally enforceable contract was been entered into. Please ensure that the photographs show the terms and conditions in a clear and legible manner. Please provide me with a diagram showing the locations and layout of those signs at the car park. Also provide evidence that the wording is in plain and intelligible language and in sufficiently large print as to be legible to a driver at the car park’s entry point.

7. Summary

I look forward to receiving your acknowledgement within 14 days and as there are no ‘exceptional circumstances’ your comprehensive reply within 35 days (in accordance with the BPA AOS Code of Practice B.22.8). I will then be able to make an informed decision as to how I deal with your Parking Charge Notice – Notice to Keeper.

If you reject this challenge or fail to address the issues that have been raised then, in accordance with the BPA AOS Code of Practice 22.12, please ensure that you enclose all the required information (including the necessary ‘POPLA code’) so that I may immediately refer the matter for their decision.

If you fail to follow any of the procedures outlined in the BPA AOS Code of Practice or your legal requirements under the Protection of Freedoms Act, or the requirements of the Practice Direction on Pre-Action Conduct then I will make a formal complaint to the DVLA Data Sharing Policy Group, D16.

Please Note: Unless you have specifically requested it and received my express permission, you do not have my authority to disclose or refer this letter or any other communication from me to any other person or organisation.

Yours

Danny30

I notice that the incidents happened on 19 July and 22nd July and the penalty letters are dates 31st July but were only received today which is more than 14 days from the incident. Does this have any impact on the fines?

KeithP

If a Notice to Keeper is received over fourteen days after the alleged parking event, then they cannot use POFA to transfer any driver's liability to the keeper.

Fines?? What fines??

LDast

Why do you keep referring to "fines" and "penalties"? For every occurrence of those words in all the paperwork you have received, I will give you £100.

The actual date you received the notices is irrelevant. It is the "deemed" date you were served which is two working days after they were sent (or issued). Count the number of days from the alleged contravention to the issue date of the notice and then add two working days to that. If the number is greater than 14, then they cannot transfer liability from the unknown driver to the known keeper as long as the known keeper hasn't already blabbed the unknown drivers identity earlier, inadvertently or otherwise.

Coupon-mad

Danny30 said:

I saw this template online. Any good or better to stick with the one on the Newbie thread?

I snipped the drivel out because it's just rubbish. Stop looking at random advice from clueless people online!

Stick with us. Use the NEWBIES thread one.

And search the forum for Azure Parking to read another thread we had about this small fry. Nothing bad will happen.

You don't pay these people. Please stop calling their scam invoice a 'penalty' or 'fine'.  It is no such thing.

Danny30

Hi, quick update. I have lodged the appeal process for the 2 tickets and just got a message via email from the Parking Admin Centre enclosing the pictures and putting my tickets on hold while giving me 7 days to confirm who the driver was which I am obviously not going to do.

Of the 2 tickets of which they have sent images for, one is shorter than 10 mins and the other not long over 10 mins. Assuming the 10 minute grace period, is only applicable if you have paid and overstayed or even if you enter a car park and leave before 10 mins?