Parking fine "parked without valid permit for vehicle class"

moro2810

Hi everyone,

I'm hoping someone has been in a similar situation and can offer some advice.

I've recently received two Parking Charge Notices from The Parking Space at Shaw Street Car Park in Manchester (with a third one likely on the way).

The vehicle in question is a 2014 Peugeot Partner, and it was parked there for three consecutive days while attending an event at the nearby arena. Each day, parking was paid for using the on-site payment machine. The correct registration number was entered every time, the machine accepted the payments without any warnings, and all parking tickets have been kept as proof of payment.

It has now come to light that the car park has a rule stating that vans must pay a different flat-rate tariff via the app only. Because the payment was made at the machine, the operator is claiming the wrong tariff was used and has issued Parking Charge Notices of £100 each (£60 if paid promptly).

What is frustrating is that the payment machine accepted the registration number and payment without any indication that the selected tariff or payment method was incorrect for the vehicle type. It was genuinely believed that everything had been done correctly, as payment was made and valid tickets were issued each day.

Has anyone successfully appealed a Parking Charge Notice in similar circumstances where they paid for parking but were penalised because the vehicle was classed as a van or because a different tariff was allegedly required?

If anyone has experience of this or advice on the strongest arguments to use in an appeal, it would be really appreciated.

Thanks in advance.

Car1980

Anything on the back?

Certainly looking at amateur hour here.

moro2810

https://forums.moneysavingexpert.com/discussion/comment/82087662#Comment_82087662

Hiya do you mean back of the PCN letter?

Jame4ters

https://forums.moneysavingexpert.com/discussion/comment/82088371#Comment_82088371

The reverse of the letter you posted above

moro2810

https://forums.moneysavingexpert.com/discussion/comment/82088375#Comment_82088375

Hi heres the back of the letter

Car1980

Personally I would pay the amount short on the app. Doesn't matter if you're not there or what day.

Presumably that's £18.

Take a screenshot of your payments / keep a record.

Drop them an email, tell them their signage is insufficient but as a "gesture of goodwill" (use those words!) you have paid the £18 short and include the app receipt.

They'll likely whinge and tell you you're wrong and still owe the money, but if they did ever make a court claim they're in a weaker position because you've paid. And you obviously didn't pay at the time - three times - because the signage is too poor with text too small by that very fact.

Then, if they ever made a court claim (never seen this amateur outfit ever try) they would be reduced to arguing you paid late rather than didn't pay.

Tell them if you ever move house.

Bazarius

Event tariff is £7, and it clearly applies. If you paid that amount at the machine, then the operator has no basis to claim otherwise. Nothing in the signage excludes vehicles above the M1 class to pay at Event rate , so the term must be interpreted in favour of the consumer. Under the Consumer Rights Act 2015, any ambiguity falls against the trader, meaning the consumer prevails.

For completeness- need to see the terms and conditions sign because the above isn’t a contractual notice .

Car1980

The event tariff doesn't appear to cover vans going by the app code.

The sign is awful and in breach of the Act in numerous ways, yes.

Entirely up to you if you want to ignore, or pay the shortfall.

Ultimately those are the two choices because any appeal to them will be rejected, and any appeal to the corrupt IAS will be too.

The contract signs are also poor and are a list of pictograms with tiny text going by Streetview.

Bazarius

https://forums.moneysavingexpert.com/discussion/comment/82088744#Comment_82088744

OP appears to have paid at the machine? The sign itself permits cash payment, so that method is clearly within the “contract”. we’d need to see both the contractual sign and the payment machine, as the exact wording on each will clarify how the terms interact. I have a feeling it was designed to confuse the motorists who are actually attending Events . After all the IPC apparently audits all sites ….

tbu271

The NTK is mostly PoFA compliant, but crucially lacks any parking period (nearest is a single 'issue time', which is insufficient).

I can't make out the timestamps on the photos, but presumably they were all taken a few seconds apart?

If so, it looks like the parking warden has issued the NTK in a hurry, without allowing for the possibility that the driver could have been currently checking signage.

An angle could be to appeal/defend as keeper, citing lack of PoFA compliance and lack of consideration time.

James_Poisson

"What frustrates me is that the payment machine happily accepted my registration number and my money. If my vehicle wasn't eligible to pay at the machine, surely it should have rejected the transaction or told me to use the app instead".

Forget that, there can be no link at the time of parking between the ANPR system, payment machine and the DVLA data base to align any vehicle to a class, at that point they have no reasonable cause, it isn't until they claim a terms and conditions violation after the parking event.

They are not claiming any error in payment due to the event taking place which the pay machine should adjust for that is not the problem.

They are claiming that you paid for an incorrect class of vehicle, what driver except maybe a bus, or lorry driver etc knows his vehicle class I didn't and had to look it up.

Is your vehicle an N1 class on the V5C rather than an M1?