Parkmaven parking ticket But never parked in car park

harryhardup

Hi all 
           just received a parking ticket from Parkmaven in hotel car park that I never parked in just passed through with a friend (passenger in car is a blue badge holder) , to gain access to a private track to go fishing and then pass back through to exit fishery through car park later that day. In at 8.53 back out at 18.21.
  The access to fishery is at end of car park owned by Hotel at end of lane , so you have to pass through ,due to an administrative mistake my number plate was not added to " white list" of number plates allowed to pass through without getting finned .
   Now my number plate,  still same car / registration has previously been on this list to come and go unhindered for months but like I said their list was not updated for that day by fishery owner and he is no help at all .
   Any help to appeal would be gratefully accepted . 
 Regards Harry  

Car1980

I would be surprised if they could impose any sort of restriction if access was impossible without crossing the hotel land. Presumably there is some sort of historic right of way. Maybe the fishery has just gone along with the hotel and cooperated with this white list for a quiet life.

What's the actual "contravention"?

Very high liklihood any contract refers to parking anyway, not passing through.

Plus if you have historically used the way and have been on this whitelist frequently, you obviously haven't agreed to form a contract. There is no meeting of minds.

(incidentally, meeting of minds is a somewhat overlooked aspect of contract law with these tickets and very applicable to certain cases. Probably too complicated to add to the template defence because it's not for every situation, but probably worth a discussion at some point. But I digress.)

Coupon-mad

Can you get photos of the signs in the hotel car park? And a pic of any VRM tablet and/or warning sign (of any type, even an A4 sheet or a fishery's own A-Board, inside the fishery.

I reckon this will show a mishmash of confusing info and wouldn't be surprised if the white list doesn't even get a mention on the hotel sign.

Coupon-mad

Can you get photos of the signs in the hotel car park? And a pic of any VRM tablet and/or warning sign (of any type, even an A4 sheet or a fishery's own A-Board, inside the fishery.

I reckon this will show a mishmash of confusing info and wouldn't be surprised if the white list doesn't even get a mention on the hotel sign.

Half_way

Might also be worth seeing if the fishery land has an easement ( right of access without let or hindrance)  over the hotel land / car park.

Such as access to the land the fishery is on existed prior to the hotel car park, the hotel car park was constructed/laid out and access to the land the fishery is on was now over the hotel car park.

 At some point later on a PPC arrived on the scene and installed ANPR cameras and it was realised that this would cause issues with people visiting the fishery land so the hotel set up a white list/registration system.

The Fishery owner in that case wont be any help, the issue here is the ANPR camera/system is faulty as the vehicle was not in the hotel car park then no ticket should have been issued.

 The Hotel is jointly and severally liable for the actions of its agents, a key component of GDPR is data accuracy.

 If their systems are faulty and they have no checks in place, such as foot patrols to physically verify if a vehicle is in the car park that has been flagged by ANPR as an overstay, then this may be seen as a breach in failing to verify the data

Car1980

Yes, might be as easy as just walking into reception and getting them to cancel it.

harryhardup

Thanks everyone for your advice ,with reference to picture of signage and walking into hotel it's not local to me, 3hour drive each way .
   Will add advice to template and see how I get on ,   thanks again .Pretty sure there are no physical patrols in car park so as to verify overstay , issue reason for ticket "overstayed authorised parking se "

Coupon-mad

Ring the fishery and be really 'polite but distressed' and ask kindly if they can please take a picture of the keypad and any sign near it, and (if possible) photos of the signs outside in the fishery car park and in the hotel car park, and could they email these to you in order to help your evidence please?

And chat a bit, get them onside, don't blame them but instead tell them how awful it is and surely their staff have been affected by PCNs and they've no doubt lost repeat customers who were wrongly 'fined'? Have they objected to the hotel or is this still being allowed to continue?

Car1980

harryhardup said:

Thanks everyone for your advice ,with reference to picture of signage and walking into hotel it's not local to me, 3hour drive each way .
   Will add advice to template and see how I get on ,   thanks again .Pretty sure there are no physical patrols in car park so as to verify overstay , issue reason for ticket "overstayed authorised parking se "

Weird. Seems like some sort of overstay, or double dip situation.

Park Maven are crooks like the rest of them, but they are bizarrely quite responsive on their website form.

Usually contacting the PPC isn't advised, but on this occasion I would simply contact them with:

"I have received PCN 12345. Can you explain to me why it has been issued as the text has been cut off by the photo."



 

Coupon-mad

But no telephoning.

harryhardup

Thanks Coupon -mad
                                         Unfortunately the guy who leases the fishery is a business partner and/or good friend of the hotel owner and as ive said before not a helpful guy so wasting my efforts with him, although I've emailed him about situation but I'm still waiting for a response .
  Contravention: overstayed parking session