Parking ticket appeal declined - car battery had died and evidence provided

Catherine2506

Hello all

I’m after any help or advice you would be willing to give me please.

A few months back, a car that I am a registered keeper of was being used by someone else to get to and from work (fully insured of course). During their lunch break, they parked in a small car park outside a small number of shops and purchased their lunch from Subway.

Upon returning to the car, the car would not start. The battery had died. They phoned me immediately, panicking not only because they would be late to start their next shift but also because the parking notices stated that you were only allowed to park for one hour.

Myself and a family member went to the car park as quickly as we could. My family members car was used to recharge the battery and we had the car started and out of the car park as quickly as we could. The car was in the car park for 1 hour 20 minutes in total.

Whilst the car was charging, I went into Subway and asked about parking charges. They were unhelpful. I looked at the sign which was the closest to the car and could not find a telephone number to ring, despite searching for one. It seems that there was in fact a telephone number on display but the sign was high up and the writing was very small, so I missed it. Nevertheless, my priority was to get the car off the land as soon as possible.

I took photos of the car being charged and provided these as evidence with my appeal, along with a photo of a receipt from my local garage where the car had to be replaced a few days later.

The appeal was rejected but due to mitigating circumstances, they reduced the charge to £20. I admit I have stubbornly ignored this as I do not feel that I should pay anything. It’s the principle and how these car park operators work that annoys me. The car could not have been moved any quicker and would not have been there over the hour allowed if it had started with no issues.

So my next step is to appeal to POPLA. After reading other stories on these forums, I fear that it will be rejected. So I am asking you kindly for any words of wisdom or how I should handle this from here on in. Does it make a difference that I was not the driver and I have not revealed who was? Or am I responsible as the registered keeper?

The latest letter I have received from the company states that the driver failed to enter the registration number into a terminal/device as specified in the terms and conditions. Yet there were no terminals/devices in the car park.

The letter also states that the terms and conditions clearly state that ‘it is the responsibility of the driver to to provide the full, correct vehicle registration’. But as far as I can see, it does not say where or whom you provide this information to.

In all honesty, what do you think my chances are of not paying this fine? Should I just cut my losses and pay the reduced fine of £60 which they are now asking for and save myself the hassle? Or should I appeal to POPLA and if they decline it, just wait until they take me to court? I can’t afford to pay any court fees.

Thanks in advance for reading and for any help you can give.

Umkomaas

Which parking firm please?

Catherine2506

https://forums.moneysavingexpert.com/discussion/comment/82028800#Comment_82028800

Sorry, it’s Total Car Parks

James_Poisson

The joint COP states that they can charge a £20 admin fee in cases like this so unless you have other arguments like signage, or landowner authority etc. POPLA will side with them.

You can ignore them and their silly debt collector rubbish and see if they try a court claim, the process is all in the newbies thread on here.

SpinninginInfinity

Hi Catherine,

Where was this car park?

Total Car Parks aren't the brightest bunch.

Stick with this forum and they'll help push you through!

The back and front of the Notice to Keeper would be helpful, redacting all identifiable information of course :)

Car1980

They're obliged to accept £20 due to their trade body membership.

Contract law, especially frustration of contract say you don't owe them anything.

Only try Popla if you can construct a frustration of contract or doctrine of impossibility argument.

TCP do court claims sometimes, but this doesn't look like an easy one to try for them. Let them move on to lower hanging fruit.

Coupon-mad

I'd have paid the £20 because you'll be sued and it will go right through to a hearing.

Give POPLA a go but show us first. You won't win on the mitigation because TCP addressed that by offering £20.

Show us a pic of the sign & the entrance.

Car1980

Anybody can sue anyone for anything and take it to a hearing though 😉

There's nothing in law that says you owe for a breakdown any more than if you had a heart attack and left in an ambulance.

Coupon-mad

Agreed. The PPC probably wouldn't win.

I was just being pragmatic because if all PPCs played with a straight bat and went to hearings, a lot of people would pay £20 if offered. Doesn't make it right!

Catherine2506

Thank you for your replies and comments, this is much appreciated.
Please accept my apology for a late reply, it’s been a busy few days but I know I need to get this sorted.

I have tried to attach a cope of the PCN, the email I received after I ignored the offer of £20 and the photos of the signs in the car park that they sent to me.

Please note there is not machine/terminal in the car park to enter my registration number.

I’m thinking of arguing regarding the terms and conditions as they state that ‘when your vehicle registration number is required, it is your responsibility to provide the full, correct vehicle registration number’, yet it doesn’t say where or how to provide it.

Thanks again everyone

Catherine2506

https://forums.moneysavingexpert.com/discussion/comment/82029255#Comment_82029255

in hindsight, I would have paid the £20 but unfortunately it’s too late now. I just think by paying anything, I’m admitting that I was at fault when there was nothing I could do to remove the car any quicker than I did.

I’ve attached photos below of the letters I’ve received. Thanks