Civil parking charge notice

stacesl2 · 5 March 2018 at 11:38AM

Hello, newbie here looking for some advice. I have looked around on these boards and others but find it all a bit overwhelming, and some slightly conflicting advice.

I received a parking charge notice on Saturday advising me of a £90.00 fine (£45 if i pay in two weeks) for overstaying in Lidl's by 17 minutes! They have already contacted DVLA and wrote to me as the registered keeper. They attached pics of the car arriving and leaving both time stamped.

We were totally unaware of the time constrictions as it was the first time there. We had a disabled badge displayed with the usual 3 hour time limit as one of the occupants is disabled. I had a look yesterday and yes there are signs that do state a 90 minute limit...although I will say none these near the disabled bay where we parked.

I am planning to appeal but not sure of exctly how to word things and even if I have a leg to stand on! Should I bother going back to Lidls and speaking to manager there? I dont have any receipts to prove we bought anything as I dont tend to keep receipts for groceries!

Any advice would be very appreciated (in the simplest terms please lol)

Many Thanks.

Fruitcake · 5 March 2018 at 11:57AM

Edit your post to remove information about who did what.
Only refer to The Driver, The Keeper, and A Disabled Occupant, who are all different people.

Appeal using the template from the NEWBIES thread exactly as it is, but add that A Disabled Occupant has protected characteristics in accordance with the Equality Act 2010, and therefore the PPC must allow extra time. Attach a copy of the BB, even though the BB scheme doesn't apply on private land.

Complain long and loud to the store manager, and/or to the CEO.

You should also complain to your MP about this unregulated scam.

These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.

nosferatu1001 · 5 March 2018 at 1:13PM

As above, you MUST ensure the driver annot be identified

Lidl through their agents are permitting indirect discrimination against all disabled visitors (those qualifying under the EA2010) as they have not allowed additional time.

Castle · 5 March 2018 at 1:17PM

And there are two grace periods of at least 10 minutes each to take into account; which would cover the 17 minutes "overstay".

stacesl2 · 5 March 2018 at 1:21PM

Thankyou for your reply.

I am intending to go and speak to the store manager tomorrow (cant get out of work any sooner) and see what he/she has to say.

Can i ask if appeals usually work with that template? It's not anything I would have wrote if I hadn't have come here for advice first...lots of legal terms I dont even understand lol.

Fruitcake · 5 March 2018 at 1:30PM

What happened on the day is irrelevant. Appeals only work on legal terms as this is contract law you are dealing with.

Show the manager/CEO the exact words I quoted from the MP's debate, and ask why Lidl are using these people to scam genuine and vulnerable customers whilst breaching the EA 2010 in the process.

Be polite but loud and forceful.

nosferatu1001 · 5 March 2018 at 1:55PM

For future reference - blue badges have NO RIGHTS on private land. None. So there is no "usual 3 hour limit" - it is whatever the landowner has allowed.
However they DO have a legal obligation to make reasonable adjustments for those with disabiltiies, which would iunlude provision of disabled bays AND in a time limited car park, addiitonal time to allow users to use the car park equitably.

stacesl2 · 22 March 2018 at 10:10PM

Hi all

Not had a chance to update, I emailed my appeal over last week and got a reply back within a couple of hours advising that they had cancelled it!!! Very shocked but over the moon

Thanks all for the advice!

Coupon-mad · 22 March 2018 at 11:41PM

Brilliant, that will have been either due to the Store Manager, or if you showed the BB.

We had a disabled badge displayed with the usual 3 hour time limit as one of the occupants is disabled.

That only applies on double or single yellow lines on street. 3 hours doesn't relate to anywhere else (Council or private, and no car parks).

Check the BB handbook to re-read the rules.

However, disabled people must be allowed (undefined) extra time, under the Equality Act, as a reasonable adjustment, so the right decision was made in the end.

NEVER pay a private parking charge, regardless of circs. Come here first, and beat them all.

Shashisingh · 23 April 2019 at 12:20PM

Hi

I received a fine today for the same thing.

Do you have a link to the template? I can’t seem to find it

Fruitcake · 23 April 2019 at 12:32PM

Shashisingh wrote: »

Hi

I received a fine today for the same thing.

Do you have a link to the template? I can’t seem to find it

You have not received a fine.

Use the Forum Jump "GO" button you will find near the top or bottom right of this page. It will take you to the main forum page where you will find the NEWBIES thread asking you to read it before posting.

Read it thoroughly then start your own thread if you need further help. The appeal template is in blue text in post 1 of the NEWBIES.

Do not try to navigate this site on a 'phone. You need a proper grown u computer to make all the buttons and features work.

Civil parking charge notice

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