Do I Appeal To Landowner? (Initial Parking, Mousehole Car Park)

Tobipuppy

Hi all,

I've spent approximately 6 or so hours browsing car parking fine threads on this forum. Firstly a big thank you to all that contributed to the Newbies thread as it was very insightful and I shall try to not ask anything covered by that thread.

Okay, so, long story short my partner and I both overstayed for 22 minutes (or strictly speaking 2 minutes and 17 seconds going by the 'minimum' grace period of 10 minutes either side of entry and exit). This was due to a few factors but at the time my partner was having an autistic meltdown in the car after we returned and this was the most significant factor. Also, the cash/card machines weren't working and I don't usually carry my smartphone around (I normally leave it hidden in the car), the car park was laid out so you have to cross both entry and exit pathways before we could reach the cash machine from the car (from where we parked) and it was a busy day… there were a few factors. And I argued this in my POPLA appeal, that we didn't enter contract until we actually paid, because all of their evidence of us were two ANPR photos of us entering and leaving… I also still have the window ticket.

I didn't actually discover this forum but I DID discover another guide which suggested the first step was to appeal to POPLA (which often lose). I did lose, even though my argument(s) and details were thorough, I was not properly read up on how to appeal against POPLA as explained in the newbie thread and various other POPLA threads here. I mainly used 'mitigating circumstance' as the predominant reason (as that is what I feel reflects reality the most). We paid, intended to stay for the correct time, and overstayed a tiny bit.

So here I am. Today I received my first scam letter from DRP or Debt Recovery Plus and I'm happily ignoring it. Interestingly, part of Initial Parking's response gave me the landowner's address and name. The car park is simply a private car park not owned by ALDI or a sports club or anything like that, I believe the owner is registered to a house in Penzance, which makes this case a little bit different than appealing to the resort/supermarket for a cancellation.

This is where I am. I have the details of the landowner and I am more than happy to offer the payment difference to them which would've covered the extra hour (think it was £1.20?) But since they aren't part of a resort or a company, my question is: Is there any point to doing this, or shall I just wait for them to (probably not) take me to court? It's worth noting I don't have the landowner's email address or phone number, just postal address and name. If need be I could put on my Royal Mail uniform and pay them a visit (just joking… it is tempting though!)

Gr1pr

There isn't 10 minutes either side, just the minimum 10 minutes at the end

By all means try for a landowner cancellation, by complaining ( not appealing. )

They won't settle for a few pounds, not now they have their teeth into you

Ignore the powerless debt collectors letters like DRP or DCBL etc

You might win if a Money Claim is issued in the future, or it may get discontinued before any hearing

I suspect that you are playing the long game here, with our help

Tobipuppy

Thanks for your input! I didn't realise there was only a 10 minute grace period at the end.

Are there any templates for complaining to landlords that aren't from places like Sainsbury's, Aldi, leisure facilities etc?

Gr1pr

Look at the BPA CoP that applied at the time of the incident date

The part before parking is the consideration period, not a grace period, which is lost if an authorised parking event happens, in favour of a minimum of 10 minutes grace period to leave at the end of an authorised parking period

Mitigation never works with appeals, but may work in court, bearing in mind that its currently an unregulated industry

Try the Successful Complaints group thread, starting near the end with the most recent posts

Tobipuppy

Okay, here's a question:

I've been thinking about offering to the landowner the difference in payment it would've been to purchase 3 hours instead of 2 (£1.20) as a goodwill gesture to hopefully sway him to cancel the charge. (As the keeper). How best would I do this? Is this a good idea? I mean, for the sake of £1.20 I figured it would be worth a try… and if it ever made it in court (which I understand is unlikely from Initial Parking) I could at least say I offered the landlord direct payment in good will.

Coupon-mad

Not a bad idea but the landowner will refuse.

James_Poisson

https://forums.moneysavingexpert.com/discussion/comment/82118477#Comment_82118477

It's an idea to show that you are being reasonable, but this car park is notorious and has been for years, those card machines are unreliable, and regularly only take half a VRN. It has been in local papers on here and on social media no one responds money is being made!

It won't get the parking company off your back they love the fact that this has happened they don't get any money from the land owner they only make their profits from people that break their contrived rules.

You will need to follow the routes set out on here I'm afraid there is no quick fix you are one amongst many.

yarpsnehpets

You need to be careful as the offering of payment can be considered an admission of liability if the matter were to progress.

Yours is a force majeure event - that is the exact basis of any defence.