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Charge whilst broken down

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RAS83
RAS83 Posts: 27 Forumite
in Parking tickets, fines & parking
Hi all,


Just a quick question. I have been issued with a parking charge overstaying the time period at a small Esso garage/services. My car battery actually died on the forecourt and I had the AA come out and get me going again.


I've had a search but not found any relevant posts. Has anyone had any experience of appealing on the grounds of being broken down?? Or does that not make any difference to these parking companies?


Any advice or pointing to previous relevant posts will be appreciated.


Thanks.
«13456

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  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Have you read the newbies thread?
    You need to search frustration of contract. There was no intent to enter a legal contract - the vehicle broke down - and even if a contract was formed, it was frustrated by the breakdown. The result is that you cannot be liable for any contractual charges.
  • pogofish
    pogofish Posts: 10,852 Forumite
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    The Newbies Sticky covers your situation completely and you didn't even need to look for it as you clearly agreed to read it before posting anything here!
  • RAS83
    RAS83 Posts: 27 Forumite
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    Thank you for your responses, i have read through the newbies section but i just find it all very confusing and there is such a vast amount of information.

    I am searching for frustration of contract but again i'm finding it hard to pinpoint a template to send to appeal and find myself going round in circles!!

    I will keep on looking and try to make sense of it all!
  • Quentin
    Quentin Posts: 40,405 Forumite
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    Take more time to digest the FAQ


    It does clearly point out that your individual circs make no difference!


    There is only one appeal in the FAQ - "one size fits all"!!
  • RAS83
    RAS83 Posts: 27 Forumite
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    Oh ok i think i've been looking too specifically.

    So am i correct in saying there is only one template and i should send that to the appeal section for euro car parks which they will then dismiss and issue a POPLA code. I will need to read up more on what happens from then on in.

    I will go ahead and send the template. Thank you for your help
  • waamo
    waamo Posts: 10,298 Forumite
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    That's it. At this point use the template unaltered. When you get a POPLA code you can use all the usual points (which you will have read up on in post 3 of the Newbies thread) and add in frustration of contract to personalise your appeal.
  • RAS83
    RAS83 Posts: 27 Forumite
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    Ok thank you very much.

    There is a section of evidence details in the appeal, I'm assuming i should not attach any AA receipt i have as that i will state that i was driving?

    I will send the appeal and then read up on the next stage when i receive the next correspondence.

    Thank you for your help
  • Coupon-mad
    Coupon-mad Posts: 131,730 Forumite
    Name Dropper First Post Photogenic First Anniversary
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    Use the AA receipt at POPLA stage - along with all the usual template points for POPLA as in the NEWBIES thread post #3, and STILL do not imply who was driving.
    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
  • RAS83
    RAS83 Posts: 27 Forumite
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    Hi all,
    I have received the rejection to my initial appeal by email.
    Seeing as the template states that all correspondence should be sent by post, can i disregard this email?

    Thanks
  • System
    System Posts: 178,094 Community Admin
    Photogenic Name Dropper First Post
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    Does it have a POPLA code on it?
This discussion has been closed.
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