Any point appealing an "out of hours" stay for 17 minutes (ParkingEye)

ecuador_gr

I've used this forum in the past, it got me out of a couple of parking fines (Airport), however this time it is indeed sort of my fault and I wanted to make sure that I should just pay (can't even pay the minimum anymore, took a long time to get the fine so it's 3 weeks).
Anyway, I had a flu jab and the medical centre's free parking was swamped, but right next to it was what seemed like a regular paid one with quite a few places, so I went in. I read the sign very hastily so started downloading the yet different app it required (evology), so it took me about 5 minutes to try and book and got "you are not allowed to stay when the site is closed, please adjust your duration". I could not get anything by "adjusting duration", so then we tried my partner's phone, same. There was no business front around the parking (only back entrances), so we went to the clinic and asked reception in case they knew, they had no idea. We tried to find someone else who's been then longer, I left my partner to get the jab and went back to the car and at that point locals were going to their car and they tell me I can't park there until 5pm. So I read the sign more carefully and it's "Mon-Fri 5pm-8am" and no parking outside those times. So the semi-full parking lot was actually closed, I just had never seen such a parking before, so I left right there but it was a 17 minute duration and got the fine.
Should I just pay? If you don't mind some input... I mean the signs are posted (there is a small sign in the entrance, but that one is not easy to read), the app error message added to my confusion I guess, but again the sign is clear if you read very carefully...
Thanks!

James_Poisson

What ever you appeal it will be refused but what a confusing mess of a car park, not surprised you got mixed up, the signage doesn't look that good either:

Gr1pr

Its an invoice from Parking Eye,  not a fine 

No parking contract was on offer, so no contract was formed 

No offer, no consideration,  no contract 

KnightRS

If I've learned anything, appeal anything and everything. I can never understand how they can invoice you for £60, £100 or in excess just because you didn't pay £0.80p. 

...and if that's the case then you may as well appeal all the way if thats what it takes. 

These companies are scum of the earth and they must be filling some pockets in high places to have been allowed to operate the way thay they do for so long. 

ecuador_gr

Gr1pr said:

Its an invoice from Parking Eye,  not a fine 

No parking contract was on offer, so no contract was formed 

No offer, no consideration,  no contract 

Are you suggesting this as the basis for the appeal? I mean, theoretically, I could make signs myself that look like I am running a parking at my private property, complete with instructions to download the app, but in the details say you can't actually park and if you do I charge £100. It seemed like there was an offer to park , but I could not park and did not in the end...

Umkomaas

What a mish-mash of instructions for different patrons of different outlets. Designed for a patron failure. Nice money if you can get it (and they do in spades!). 

Coupon-mad

But you haven't shown us the dates on the top right, or the back of the PCN. Vital to see.

ecuador_gr

Coupon-mad said:

But you haven't shown us the dates on the top right, or the back of the PCN. Vital to see.

Ah, didn't realise it's important, it's date of event 19/12, date of issue 23/12 (hence I said it's now £100) and the back:

Coupon-mad

Did it only arrive on Friday? Or when?

Do you have a ring doorbell that has footage of your postie with the envelope?

James_Poisson

ecuador_gr said:

Gr1pr said:

Its an invoice from Parking Eye,  not a fine 

No parking contract was on offer, so no contract was formed 

No offer, no consideration,  no contract 

Are you suggesting this as the basis for the appeal? I mean, theoretically, I could make signs myself that look like I am running a parking at my private property, complete with instructions to download the app, but in the details say you can't actually park and if you do I charge £100. It seemed like there was an offer to park , but I could not park and did not in the end...

You are dead right anyone can make up any old signage and terms and conditions for parking scamming hence the hundreds of greedy intransigent halfwits that have made so much money out of setting up parking companies.

The parking company does not own the land, they pretend to manage it free of charge for the land owner, they only make their money out of issuing PCNs, so there is no profit in accepting any appeal, and no come back either if they are seen to be unfair. ANPR does not manage car parks only timings.

Their ATA isn't a regulator and any complaint to them about fairness is brushed aside, they rarely take any notice of COP breaches either, and there is no public disclosure of members that have been sanctioned.

As for your comment on being charged when they say you can't park, the charge issued is not a fine, it is a business contract issued under contract law. Therefore there must be 1- an offer, 2- an acceptance and 3- a consideration. All three must be in place for the contract to work for both parties. In this case there was no offer of parking for you to accept, in effect you trespassed.

A third party company cannot offer a contract for something forbidding, so they cannot charge you, the landowner would need to pursue you for trespass, another ball game.

In effect they could offer parking between 8AM and 5PM for £100 that would be a contract to park but they didn't.

As for the notice to keeper it is a template that doesn't even cover the incident details, it states that it is a paid parking car park and a payment wasn't made, or you stayed too long, neither is applicable paying was impossible:

ecuador_gr

Coupon-mad said:

Did it only arrive on Friday? Or when?

Do you have a ring doorbell that has footage of your postie with the envelope?

It arrived sometime after new year's but I was already away on a trip. Don't have footage, but it would have been within 14 days of what they list as issue. Since it's now 100 I will probably try to fight it...