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Stopping not parking
Paul_Parker
Posts: 44 Forumite
I have read the newbie thread. My circumstances are not (from what I can see) fully covered there - if there is a relevant thread, perhaps it could be linked from there?
My issue relates to "stopping", *not* to parking.
I have received a "Parking Charge Notice" from a BPA member. They say their reason for issuing a PCN was "stopping in a no stopping area", and include in their letter two pictures of my vehicle, in slightly different locations, as it passed along such a lane (marked on the ground with red hashing and double red lines, plus the wording "No stopping", albeit facing against the direction of travel), in a local shopping centre car park. Neither picture is time stamped, and there are not two pictures at different times, showing my vehicle in the same place.
The letter mentions no duration of the supposed infringement.
Apart from and despite the stated reason, quoted above, the letter refers throughout to "parking", and "parking charge", for example "your vehicle was parked in a manner whereby the driver became liable for a parking charge".
Hypothetically if the vehicle did stop it could have been simply to allow an oncoming vehicle to pass; or indeed to read the signage.
The left, kerbside indicator is on in one picture, but in my model of car it's very easy to knock them on accidentally, or again that could have been used to indicate an intention to let an oncoming vehicle pass.
At the time, the passengers in the vehicle included a disabled person pensioner who is able to walk only a short distance and then at the cost of extreme pain, but who is not a blue badge holder. Had the car stopped *cough* it would have been for a few seconds only, to drop them off, without the driver leaving the vehicle, before parking elsewhere - in fact very soon after the pictures were taken, the car was parked on the opposite side of the car park, correctly and in a marked bay for about half an hour. Much money was spent!
Do I follow the standard letter, or is there specific wording to include/ exclude in such a case?
My issue relates to "stopping", *not* to parking.
I have received a "Parking Charge Notice" from a BPA member. They say their reason for issuing a PCN was "stopping in a no stopping area", and include in their letter two pictures of my vehicle, in slightly different locations, as it passed along such a lane (marked on the ground with red hashing and double red lines, plus the wording "No stopping", albeit facing against the direction of travel), in a local shopping centre car park. Neither picture is time stamped, and there are not two pictures at different times, showing my vehicle in the same place.
The letter mentions no duration of the supposed infringement.
Apart from and despite the stated reason, quoted above, the letter refers throughout to "parking", and "parking charge", for example "your vehicle was parked in a manner whereby the driver became liable for a parking charge".
Hypothetically if the vehicle did stop it could have been simply to allow an oncoming vehicle to pass; or indeed to read the signage.
The left, kerbside indicator is on in one picture, but in my model of car it's very easy to knock them on accidentally, or again that could have been used to indicate an intention to let an oncoming vehicle pass.
At the time, the passengers in the vehicle included a disabled person pensioner who is able to walk only a short distance and then at the cost of extreme pain, but who is not a blue badge holder. Had the car stopped *cough* it would have been for a few seconds only, to drop them off, without the driver leaving the vehicle, before parking elsewhere - in fact very soon after the pictures were taken, the car was parked on the opposite side of the car park, correctly and in a marked bay for about half an hour. Much money was spent!
Do I follow the standard letter, or is there specific wording to include/ exclude in such a case?
0
Comments
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Send the 'standard letter'. Do you think they might read your appeal?
Who is the parking company?1 -
Park Watch (address is a PO box in Chester)
Are you suggesting that they will reject the appeal out-of-hand?0 -
its rare for an appeal to be accepted, especially by some of the dubious characters pretending to be legitimate car parking companies , especially those hiding behind P O BOX numbers
you can put your supposritions to a judge, cough , but in this unregulated industry nothing would surprise us1 -
Absolutely certain, nailed on, yes.Paul_Parker wrote: »Park Watch (address is a PO box in Chester)
Are you suggesting that they will reject the appeal out-of-hand?
Luckily they can be easy to beat at POPLA.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 THREAD1 -
Paul_Parker wrote: »Park Watch (address is a PO box in Chester)
Are you suggesting that they will reject the appeal out-of-hand?
It isn't a suggestion. It's a statement of fact. The appeal will be rejected out of hand.1 -
For how long was the vehicle stopped? For what purpose was it stopped? Have you read this?
https://www.gov.uk/government/publications/reasonable-adjustments-a-legal-duty/reasonable-adjustments-a-legal-duty
[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.
Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.
Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.
[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]
Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]You never know how far you can go until you go too far.0 -
Thank you all for helpful comments.
I returned to the scene today, and the instruction "Do Not Park/ on Double/ Red Lines" (note: "park", not "stop") is in three lines of text, which together are no taller than the width of (aptly) my middle finger. And so impossible to read without, er, parking and leaving the car.0 -
"The appeal will be rejected out of hand."
Perhaps worth mentioning that on the "newbie" page?0 -
Paul_Parker wrote: »"The appeal will be rejected out of hand."
Perhaps worth mentioning that on the "newbie" page?
Not all companies reject out of hand though. Highview, for example, cancel on seeing it. That is why it says in the Newbies "Q - ''I have read the NEWBIES thread but cannot find anything specific to my case...my case is different''.
A - NO IT ISN'T. YOU DO NOT NEED SPECIFICS. FORGET THE DETAIL, MOST CASES ARE ALL THE SAME"
It also tells you to send the template unaltered. To list the different quirks of each company would be madness1 -
As above , it depends which one of hundreds of companies it is
The bespoke replies were after you divulged it was Park Watch
Plus when the new government CoP arrives everything will change anyway1
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