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Fined while on garage forecourt!

Hi all, I've just received a 'Parking Charge Notice' from Euro Car Parks, who allege that my car was stopped in a garage forecourt on Edgware Rd, London for 22 minutes. The reason I'm posting this as a separate thread, is because clearly this is not a situation where my car was even parked in a car park... The 'driver' of my car (whoever that was...) had merely paused their journey to put air in the tyres, because a dashboard warning light had come on, warning them of dangerously low tyre pressures; they even paid £2 for the privilege of using the machine...

Clearly this is not even a situation where you would expect to pay to park(!) – firstly it's not a car park; secondly because the driver was stopped specifically (and ONLY) to make use of the forecourt's air machine, which necessarily takes a certain amount of time.

I've taken this up with the Esso garage concerned, and they claim that customers are supposed to inform them that they're using the air machine, beforehand, in order to avoid a fine.

My question is this: as this is not a case involving a 'car park' – and the driver has not even been required to buy a parking ticket(!) – I'm wondering if you could clarify what my response should be (as the keeper)? I'm happy to send the template relating to BPA members on your 'Newbies' board, but would really appreciate your thoughts. Would you definitely advise to use your BPA template, versus simply giving Euro CP the facts and tell them I'm not paying...?

Really hope you can help; my mother is ill in hospital right now, and this is the last thing I need...
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Comments

  • fisherjim
    fisherjim Posts: 6,021 Forumite
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    What ever you appeal it will be rejected, and you should have demanded that the idiot in the garage got it cancelled
    By by his logic if there is signage it should say that you need to inform them you are using the airline I doubt it does so how can they hold you to that?

    It's not a fine, you need to follow the instructions in the newbies thread Euro will just come up with some rubbish about terms are displayed on site.
  • Ok great, I'll do that.
    What do you think my chances are of POPLA overturning it?
    I'm actually pretty happy to go to court over this; 'in my opinion' (etc etc) this is clearly a scam.

    As a journalist, I'm also thinking of dropping some editor mates a line; I'm pretty they'd be interested in running this story. 'Innocent motorists being fined for using petrol station facilities' etc. So by this logic, if you take more than 20 minutes filling your car up - i.e. if you're old / disabled - you're at risk go being fined for 'parking'... Hilarious.
  • If you can find a friendly mechanic willing to do you a favour and plug in his laptop, the car's diagnostic chip should have saved within its data log the tyre pressure warning error. That can be utilised as empirical data.

    I'd also complain in writing to Esso either via their CEO or via Twitter (the latter is highly effective) warning motorists that anyone stopping to use air machines risks a PCN.

    My experience is that Twitter complaints are usually responded to within 5 mins because of the "viral" risk...
  • Coupon-mad
    Coupon-mad Posts: 131,413 Forumite
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    mattravel wrote: »
    Ok great, I'll do that.
    What do you think my chances are of POPLA overturning it?
    I'm actually pretty happy to go to court over this; 'in my opinion' (etc etc) this is clearly a scam.

    As a journalist, I'm also thinking of dropping some editor mates a line; I'm pretty they'd be interested in running this story. 'Innocent motorists being fined for using petrol station facilities' etc. So by this logic, if you take more than 20 minutes filling your car up - i.e. if you're old / disabled - you're at risk go being fined for 'parking'... Hilarious.

    Complain to your MP about this scam industry (please):

    http://forums.moneysavingexpert.com/showthread.php?p=72869191#post72869191

    We need more MPs primed and aware.
    I've taken this up with the Esso garage concerned, and they claim that customers are supposed to inform them that they're using the air machine, beforehand, in order to avoid a fine.
    Is it April Fool's Day?!

    :rotfl:
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Lol I was about to suggest the Press might be interested.
    I'd like front row seats for this one and am almost hoping they sue you. What a farce.
    Get it on twitter and Facebook and everywhere else asap.

    Can you get a photo of the signage in view of the air machine you used? What does it say and could you see/read it? Also what do the instructions on the machine say - other than telling you to put your money in and how much it costs per minute I imagine it said nothing else. Photograph that too. Just in case you need evidence for the appeal and/or court. Good idea about the engine management info as well.

    As if this is "parking"!!!
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Geoff1963
    Geoff1963 Posts: 1,088 Forumite
    If the allegation was 22 minutes, that must have a start and finish time ; and if it was actually much shorter, one or both of those times is wrong.
    Were there two photographs, or continuous video ? Do you have proof your car was somewhere else during that time ?
    Try a few "similar" reg numbers in Halfords or DVLA, to see if your car has a near twin ; that might be an earlier or later clocking.
  • Hello, this is my first post so I am sure that I am probably doing it wrong! I hope somebody who can help.

    On 13 June, I received a parking ticket. Having parked and paid correctly, I received a telephone call to say that my son had been taken to accident and emergency (he is fine now). After waiting for six hours in a and e I returned to a ticket on the basis that I have stayed longer than allowed.

    I have appealed the ticket on compassionate grounds. Harrow Council have written back to say that I need to provide a letter from my GP as evidence that my story is true.

    Unfortunately, my GP charges £20 for a letter!

    However, the appeal response has arrived more than 30 days after the appeal was made. Somebody has told me that the rules in some councils state that an appeal must be responded to within a 30 day period. I am unable to find any information to verify this And I wonder if anybody would be able to help. Thank you
  • fisherjim
    fisherjim Posts: 6,021 Forumite
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    Beanpan wrote: »
    Hello, this is my first post so I am sure that I am probably doing it wrong! I hope somebody who can help.

    On 13 June, I received a parking ticket. Having parked and paid correctly, I received a telephone call to say that my son had been taken to accident and emergency (he is fine now). After waiting for six hours in a and e I returned to a ticket on the basis that I have stayed longer than allowed.

    I have appealed the ticket on compassionate grounds. Harrow Council have written back to say that I need to provide a letter from my GP as evidence that my story is true.

    Unfortunately, my GP charges £20 for a letter!

    However, the appeal response has arrived more than 30 days after the appeal was made. Somebody has told me that the rules in some councils state that an appeal must be responded to within a 30 day period. I am unable to find any information to verify this And I wonder if anybody would be able to help. Thank you

    Sorry yes you have done this wrong you have hi-jacked someone's thread which is nothing like yours.

    This forum deals with private (fake) parking tickets, you need to go to a site called pepipoo that deals with real council tickets and register on there.
  • Just to update you all on this (might be useful for others if they have a similar experience): I contacted MRH Retail Services this morning - the owners of the Esso site on Edgware Rd - and they were actually very helpful. Got the fine removed in a matter of hours. It can happen!

    Thanks again to fisherjim and everyone else for your advice
  • Coupon-mad
    Coupon-mad Posts: 131,413 Forumite
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    Well done - but they should never be doing this at all. Did they say that would put a stop to it?

    If not I would complain to your MP and Trading Standards to do a test 'park/use' of the air machine and see if fines are still being generated.

    An absolute scam.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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