Beachside parking ticket

Chipnum

Morning all,

Apologies if this is something that has come up before - I've trawled the threads but not yet found anything especially relevant. 

Last week, my family and I were on holiday in south Devon. We stopped at a beach car park for 22 minutes (according to the penalty notice) to check something out. There were no spaces, so we paused in the middle of the car park while someone got out to check what we wanted to check. There was always someone in the driver's seat and the car was never parked in a bay. Would the driver have reasonable grounds to contest this charge notice (received through the post yesterday)? Here is what I have drafted so far:

"I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement as the car was waiting in the car park for a space to appear. One never appeared, and so the car was never actually parked. In addition, there was always someone in the driver's seat. You will be able to see this from the photographs you have taken of the car - it was never parked within a bay, and there was always a driver ready to move the car, ensuring nobody else was blocked."


Thanks for your help.

fisherjim

No that won't work, why do you think they have photos of a driver in the driver seat, not that it would make any difference.

You will have been caught on APNR which logs time in and time out only, the vehicle was on site for 22 minutes the chancers that sent the NTK won't take any notice of that appeal, they want money.

You seem to have searched the forum for relevant threads there will be but there are thousands, you need to start with the newbies thread at the top of the forum it's all explained.

While certain judges may agree that looking for a space isn't parking the PPC and their appeals process don't agree, it's not profitable, you need other arguments.

You are now in the unregulated clutches of a greedy dimwit parking company that only make money out of situations like this, they don't get anything from people getting it right.

Where was this exactly?

Who is the PPC?

Gr1pr

Its not a PENALTY notice. ( Or a Fine either,   FYI. ) Its a Parking Charge Notice, PCN, an invoice 

22 minutes is a long time with these matters, grace periods tend to be 5 minutes, and no more than 10 minutes almost anywhere 

The drivers seat being occupied by a person does not change anything, occupied or not 

The parking company either used ANPR as mentioned above, or possibly MNPR ! ( No windscreen PCN. )

What is the location on the PCN . ?

What is the name of the parking company. ?

What is the exact wording of the alleged breach, shown on the PCN 

Coupon-mad

Next time, pull over on-street. You would have been OK even to stop on double yellows (perfectly safe and OK for brief stops).

Never ever drive into a private car park and think you aren't 'parked'. They all use ANPR. Nobody comes in with a little notebook.

WE ARE NOT TELLING YOU TO PAY THOUGH.

Which scammer?

Chipnum

Thanks for your replies. I had read the newbies thread, but didn't really understand it. 

The location is Marine Drive, Bigbury on Sea; the company is RCP and they're 'invoicing' £100, reduced to £60 if paid within 14 days.

The wording says 'contravention: non-payment'.

I guess the driver will end up paying it, as they don't want to go through a court case.

Coupon-mad

But RCP never sue. There won't be a court case. Nobody on this forum has ever paid them. Why would the driver pay?

fisherjim

RCP give this car park a grace period of 15 minutes so 22 is pushing it a bit, but why would you give away £60/£100 just because you get an invoice out of the blue, as you rightly state no one lost out as there were no spaces available.

RCP aren't known to be litigious anyway.

Chipnum

Coupon-mad said:

But RCP never sue. Tgere won't be a court case. Nobody on this forum has ever paid them. Why would the driver pay?

I suppose because they're not an expert in this type of situation (clearly), and don't want to be the one who does get taken to court.

Grizebeck

Chipnum said:

Coupon-mad said:

But RCP never sue. Tgere won't be a court case. Nobody on this forum has ever paid them. Why would the driver pay?

I suppose because they're not an expert in this type of situation (clearly), and don't want to be the one who does get taken to court.

That is very negative 

Chipnum

Grizebeck said:

Chipnum said:

Coupon-mad said:

But RCP never sue. Tgere won't be a court case. Nobody on this forum has ever paid them. Why would the driver pay?

I suppose because they're not an expert in this type of situation (clearly), and don't want to be the one who does get taken to court.

That is very negative 

Didn't mean to come across that way, sorry. The driver just has lots of things to worry about at the moment (as do lots of people, they're not looking for sympathy!), and they don't have the headspace for something as seemingly complex as this.

Coupon-mad

Chipnum said:

Grizebeck said:

Chipnum said:

Coupon-mad said:

But RCP never sue. Tgere won't be a court case. Nobody on this forum has ever paid them. Why would the driver pay?

I suppose because they're not an expert in this type of situation (clearly), and don't want to be the one who does get taken to court.

That is very negative 

Didn't mean to come across that way, sorry. The driver just has lots of things to worry about at the moment (as do lots of people, they're not looking for sympathy!), and they don't have the headspace for something as seemingly complex as this.

It is not complex.  No-one comes knocking. Nothing is risked by doing as we advise.

Completely ignore it.

No worrying: no headspace needed except to open the letters - checking it is not a LBC or court claim - and keep the threatograms in a drawer marked 'scam'.

The driver must tell the eejits or their scum debt collectors if the driver moves house (obviously, but that's common sense not specific parking law/complex stuff).

We help people with court claims every day but you won't get one.  Relax and get on with life.

DO NOT pay a scam PCN to make some letters go away.  That isn't what clued up MSE posters do and would be sponsoring the scam and funding the next few PCNs.

Nope!