To not want to pay parking charge

[coffeeforone]

I have been sent a parking charge notice from a private parking company for £100 (or £60 if I pay sooner). DH entered car park to pick me up (on xmas eve) after I had took DS to see santa and lunch with friends. He waited while I said bye to everyone and helped get DS/presents into car, but didn’t actually park or leave car unattended, so didn’t buy a ticket. They have CCTV of us entering and leaving car park (14 mins apart). We appealed but it was rejected as they say there is no evidence we didn’t park, and we used the car park. AIBU to not want to pay the £60?

Use the template letters, they should have "As the registered keeper" written on them

Very few parking companies take it as far as court and even fewer win when they do, so ignore that rubbish. Plus a good appeal (do your research and take your time getting it right) means court won’t even get as far as the table anyway.

Also, it’s not about chance, it’s about seeing where the parking company is failing to act properly and appealing on those points.

How did you appeal? If in writing, check you didn’t identify who was driving. Definitely don’t tell them anything more - you’ve gone as far as you can with the parking company.

But you effectively did park as your husband left the vehicle to go help your son etc. It's irrelevant if you were in a space or not. If the car park was quiet he could just as easily pulled into a space. I agree it's the length of time that does it.
If he had driven in and you had jumped in the car and he had driven out again then you would have had an argument for the fine.

Parking to me implies the vehicle was left unattended. Your DH was only waiting.

However... as the PCN seems to have come as a surprise, I'd guess you were not left anything stuck to the windscreen. When was the PCN issued? In the absence of a 'ticket' on the windscreen or being able to identify the driver, the Private Parking Company has 15 days to issue a PCN in the name of the registered keeper: '(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.'

Never, ever disclose who was driving. You will have to appeal to POPLA but, if I am correct, simply telling POPLA that the Notice was issued out of time should close the matter.

I am not a lawyer but I have won 2 appeals myself on these grounds.

FancyThat, there have been a number of successful claims since the Beavis case. Do you seriously deny that?

I never know why people get so sweary and worked up about parking charges. Someone goes to the expense and trouble of providing parking, they're entitled to be paid for the use of their property, and they're entitled not to want overstayers and freeloaders. The law says they're allowed to impose and enforce surcharges. If you don't want to pay them, don't take the piss.

We have had dealings with NPS. The local council where we received our ticket with them had deemed them "unlawful" (or something like that?). Whatever it was, we wrote to them saying that with the council ruling and the fine went away.

This was a couple of years ago and I'm hazy on the details.

They can and will take people to court. You must use the correct appeals procedure. Do not ignore if you receive a PCN.

www.independent.co.uk/news/uk/home-news/nhs-nurse-hospital-parking-tickets-university-hospital-of-wales-cardiff-indigo-park-services-150000-a7845126.html

@GnotherGnu - clearly, reading is not your strong point.

I did not state once or even imply that there havent been successful cases from some parking companies.

I pointed one out (ParkingEye) at least twice.

The Pepipoo forum is thankfully equipped with those in the know, unlike you - which is why I never paid Euro Car Parks or ever heard from them after their first couple of letters demanding payment for a pseudo invoice.

If people want to be stupid and pay, thats their choice. It isnt necessary though to pay.

I’ve won 6 POPLA appeals in the last three months and I have another going through now, not all mine, I help out friends. I was winning them back before Beavis and I still win them now - it’s not difficult once you realise they are not reasonable people and they only care about frightening enough people into paying. This attitude is what makes it easy for people like me to avoid paying their invoices. You have to take your time and make sure you get it right and if you do, you can get them written off. I have never got anywhere near anything court related - very few people do - there’s a good few steps before that even becomes a possibility.

Obviously, if you’re happy to pay then pay.

I just wanted to update that my POPLA appeal was refused. NPS's displayed T&C's say that by entering the land you agree to pay to park or there is £100 charge. It doesn't matter that I didn't leave the car unattended our use a parking space.

They have already passed to debt collectors DCBL who have added £60 to the original £160, i'm assuming these demands will go up and up.

I'm wondering, how much it the maximum I will need to pay if they take this case to court and I lose? apart from the increased cost are there any downsides if I wait for them to do this?

Just pay the bloody fine!

You were in the wrong, just pay what you owe. Debt collectors will just keep adding on extra payments.

Debt collectors will just keep adding on extra payments.

But i'm wondering if the extra payment they add on are also enforceable by a court?

I think there's a legal difference between waiting and parking.

I had a "fine" years ago (before the Supreme Court decision) and one of my arguments was that I was sitting in the car, rather than having gone off and left it. Admittedly I had other arguments too, but I never heard from them again.

Now that parking companies can't clamp people they are resorting to all sorts of dodgy tactics like defining parking as driving in and out of a car park. If they define it that way what happens if you can't actually find a space?

The grace period of 10 minute applies to council car parks and is if you are late coming back to your car.

Seeing the OP's update. Are the signs clear? I suppose you don't know and can't check as you are not local. You can insist that they provide you with photographs of the signs at the entrance to the car park. Are they easily legible from the car? Do you need a magnifying glass to read them? Go back to the Martin Lewis website, there are loads of arguments you can use. You don't need to win an appeal, you just need to put them off taking you to court. And remember the debt collectors can get as abusive as they like, they still need to win a court case. Which there is no guarantee that they will.

And no you weren't in the "bloody wrong". Do people really need to swear and get abusive on here?

Sorry just saw it was "bloody fine". Same applies. No need to swear.

Haven’t read full thread sorry, but there’s a FB group called Fight Your Private Parking Invoice and they’re really expert at these things, plus their info is up to date which a lot of other groups aren’t.