Parking fine appeal rejected – accident while parked – any recourse?

NotByChance

Hi all, 

I recently received a PCN for overstaying in a privately managed, ANPR-controlled car park (max stay 180 minutes). While my vehicle was parked, another driver crashed into it. I stayed at the scene as required by law to attempt to exchange details, but the other driver refused to cooperate. I had to report the incident to the police and my insurer, which delayed my departure and caused me to exceed the parking limit.

I appealed the charge, citing these circumstances and referencing UK legal obligations under the Road Traffic Act. Despite this, the operator rejected the appeal, stating that:

1. The site is camera-controlled with clear signage,

2. Extenuating circumstances must be reported at the time of the incident,

3. My vehicle was not added to any exemption list, and

4. The charge was issued correctly based on length of stay.

Do I have a case for taking this to POPLA or elsewhere? Would appreciate any advice on next steps or if others have had success in similar situations.

Thanks in advance.

Gr1pr

Name the parking company 

Post the location of the incident too

Check the joint Code of Practice to see what should be done in cases like yours 

Ideally try plan A in the newbies sticky thread in announcements near the top of the forum by coupon,  complaining about it to the business or landowner or retail park management company or landlord etc, that would be your best option and always was from the get go

Car1980

Think contract law and Google Frustration of Contract.

You were right about the RTA, but you could have lost an arm and they would have sent you that same absolute drivel. 

No obligation whatsoever to report at the time of the incident (were you supposed to phone them?). And they would have accused you of overstaying literally whilst you were calling. That's how they work.

Try POPLA, but stick to Frustration of Contract and the RTA. No use of the words mitigation or extenuating.

The contract is basically null and void due to the impossibility of you physically being able to perform your side.

Coupon-mad

Just ignore them and complain to the landowner or retail park managing agents whose name is at the entrance (obviously not on a parking firm sign).

Johnersh

The disingenuous nature of that reply.

Extenuating circumstances must be reported at the time. *Eye roll*

How long does the o/p know it's going to take? If he wanders off to make a call will the other driver go? Has he yet received a PCN with which to respond to? Will the call handler at the other end of the phone (assuming there is one) simply accept a report of an accident? Did the o/p need advice regarding roadworthiness from the police etc etc.

fisherjim

2. Extenuating circumstances must be reported at the time of the incident

Does it actually say that on the signage (contract) they cannot invent that clause to fit your situation out of the blue!

The Joint BPA/IPC COP states:

Page 46 of 57
THE SINGLE CODE OF PRACTICE

F.3 Appeals where the charge should be reduced to £20 for a period of
14 days

c) where the vehicle has broken down;
Note: This may not be applicable where the vehicle was not parking in accordance with
terms and conditions. It is more appropriate where the terms and conditions were initially
complied with but there was an overstay.

Just a bunch of scamming chancers!

NotByChance

Thanks all. So this was at the Peel Centre in Bracknell, and is managed by Europarks. It certainly doesn't state that extenuating circumstances must be reported, at least bit where it's readable..


In this case would the land owners be Savills or LandSec (which Google search would suggest)? 

Umkomaas

Contact Savills, they will cancel this for you, obviously explain the circumstances. They are the most helpful Managing Agent in the country. 

Gr1pr

Please note the parking company details on the sign and paperwork 

Its not Europarks, it's Euro Car Parks, ECP for short

Add what fisherjim said regarding the Code of Practice to your popla appeal 

But Savills is your best option before popla