Confines of a marked bay?

freeparking22

Hello,

I have received this PCN as my car has allegedly been parked “outside the confines of a marked bay”. As you can see from the image it is not encroaching on any other parking bay and I was forced to park in such a way due to another vehicle previously parked in the next space along which was very close to this bay. Is the kerb really considered outside the confines of a marked bay?

This car park was for an NHS hospital which I was attending and is free to use (no payment or registration entry required) so I’m not sure if it could be proven that I have entered into any form of contract with the PCN company or the land owner? 

Thanks for any advice

Gr1pr

The Landowner or trust have the contract with the parking company 

The parking company signs created the contract by performance with the driver, they Always do

So the driver agreed to the terms and conditions on the signs by parking there 

Plan A in the newbies sticky thread in announcements is the best option here. ( Complaint to PALS or the practice manager or estates management team. )

QrizB

freeparking22 said:

Is the kerb really considered outside the confines of a marked bay?

Regardless of the merits (or not) of the parking company's speculative invoice, the kerb is not part of the bay.

freeparking22

QrizB said:

freeparking22 said:

Is the kerb really considered outside the confines of a marked bay?

Regardless of the merits (or not) of the parking company's speculative invoice, the kerb is not part of the bay.

Okay thanks so does this mean parking on the kerb is acceptable given the lack of markings or signage to support that or would this not be an acceptable argument in court? 

I am going to send the standard appeal from the newbies thread but I don’t want to get to court and have no leg to stand on. It would be cheaper for me to pay the fine than it would to take a day off work to attend court.

Gr1pr

Only a judge in court could rule on that aspect, especially as its an unregulated industry , its not a fine either, its an invoice ( magistrates issue fines, this is nothing to do with magistrates  )

Get the landowner to cancel it ASAP 

Coupon-mad

freeparking22 said:

Please show the back. I haven't got that one:

https://forums.moneysavingexpert.com/discussion/6483542/a-thread-of-pictures-of-parking-firm-ntks/p1

Sorry to say that's awful parking and you were bound to get a PCN in a private car park for that. Should have re-parked straight.

The good news is you'll never pay it.

Anyway : the back page please.

freeparking22

Coupon-mad said:

freeparking22 said:

Please show the back. I haven't got that one:

https://forums.moneysavingexpert.com/discussion/6483542/a-thread-of-pictures-of-parking-firm-ntks/p1

Sorry to say that's awful parking and you were bound to get a PCN in a private car park for that. Should have re-parked straight.

The good news is you'll never pay it.

Anyway : the back page please.

(Image removed by Forum Team)

Hope that helps.

Sorry that you do not approve of the parking, it’s a shame anyone feels the need to park in such a way to avoid dents/scratches etc from other drivers. 

Coupon-mad

freeparking22 said:

Hope that helps.

Sorry that you do not approve of the parking, it’s a shame anyone feels the need to park in such a way to avoid dents/scratches etc from other drivers. 

It is indisputably awful parking on a pavement (no excuse and it can't do the car any good either!) but that's not what we are here to help you with so I'll leave that issue parked!

Thanks for the full NTK mage which is useful as a resource and will help others who will also be cheerfully ignoring the same eejits.

That wording is PoFA compliant, assuming the NTK reached you by day 14. It means if they try a small claim, they can hold the keeper liable, even if the keeper wasn't driving.

saajan_12

freeparking22 said:

... As you can see from the image it is not encroaching on any other parking bay and I was forced to park in such a way due to another vehicle previously parked in the next space along which was very close to this bay. ..

k

freeparking22 said:

Sorry that you do not approve of the parking, it’s a shame anyone feels the need to park in such a way to avoid dents/scratches etc from other drivers. 

Which is it - was there
a) another car instead of the white one which was right upto or over the line on their right, meaning you physicallly couldn't get in and park off the kerb, plus no other spaces that were better? or
b) enough space to get in / out but you speculatively wanted to avoid a scratch or dent?  

fisherjim

freeparking22 said:

Sorry that you do not approve of the parking, it’s a shame anyone feels the need to park in such a way to avoid dents/scratches etc from other drivers. 

It matters not one jot what anyone on here thinks about your parking what matters is what the PPC and landowner think and ultimately a judge against the contract you did enter into when you parked.

Knowing the parking industry as we do on here, I can assure you in a patrolled car park that will get you a PCN in an ANPR only car park you probably would have got away with it. I wouldn't chance it.

Of course you were not forced to park there, you chose to park there, and it's interesting you also figured that bumping two low profile tires over a curb in a BMW that are renown for cracking wheels was preferable to the possibility some low life might by chance ding your paintwork.

However you are where you are by your choices and need to follow the advice on here, £100 is a scam invoice for what you did that should not be accepted.