Parking Eye overstay

[mrkjd]

I have read through a number of posts to try and assertain my position in respect to a recent Parking Charge Notice issued to me for overstaying in a supermarket car park but some aspects vary so would welcome advice from forum members.

 

I am the registered keeper but was not driving.

 

The vehicle parked in a space at the supermarket.

Signs state that the maximum FREE parking time is 2 hours,

the stay according to PE was 2hrs 50 mins.

 

However there are ticket issue machines located in the car park but all were out of order and wrapped in plastic.

 

A temporary sign mentioned something about the cameras still operating

(I will go and photograph the actual wording).

 

My contention is that,

although the driver was aware the maximum free parking period was 2 hrs

he was not aware that the maximum stay (including any paid for periods) was confined to 2 hrs and there was no facility for him to make any such payment.

 

The terms of the implied contract were therefore unclear and unenforceable as the machines (which form part of the implied agreement) were not functioning.

 

We should mention that we did actually do our weekly shop at the supermarket.

 

Any thoughts on this?

 

I understand that the argument of charges not representing actual loss are no longer strong after a test case and that simply ignoring the notice is also no longer recommended.

 

I am thinking of sending a template letter that I do not intend to pay giving a version of the above argument and notifying them that I was not the driver

 

I do not have much faith in following their official "appeals" procedure for obvious reasons but will jump through that hoop if not to do so weakens the argument.

 

Thanks in advance for suggestions

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

 

please fill the above out

thank you

[mrkjd]

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

 

please fill the above out

thank you

 

For tickets received through the post [ANPR camera capture] (Notice to Keeper)

 

please answer the following questions.

 

1 Date of the infringement 27/02/17

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 02/03/17

 

3 Date received 06/03/17

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] Yes

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? {y/n?] post up you appeal] No

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company? ParkingEye

 

8. Where exactly [carpark name and town] Morrison's, Totnes

 

For either option, does it say which appeals body they operate under. It says appeal to Parking Eye and details of POPLA shall be provided if unsuccessful. Letter header states member of BPA but their appeals service is not mentioned

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here None.

 

We would make the following additional points:

 

The T&Cs are not displayed at the entrance. We therefore did not have the opporunity to not enter and have our car photographed

No signage at entrance stating CCTV and ANRP systems in place

The Parking Charge notice states the FREE parking period was exceeded. This implies a chargeable period in excess of this is available but the ticket payment machines are all out of order and covered in plastic wrapping. They do not state "Not in Use" (or similar)

The machine T&Cs state a fee of £2 is payable for a maximum period of 2 hours. We therefore reasonably assumed that this was on top of the FREE period making an implied contract total of 4 hours maximum stay even though we could not pay due to the machine not being in operation. We would have happily paid the. £2.

 

It seems Morrisons have changed the way they manage the car park andperhaps contractor. It seems the T&Cs have also changed but unfortunately, due to both versions being present the relevant T&Cs. In force are unclear and therefore, in our view, unenforceable. I have. Photos of the new notices and of the old T&Cs on the. Ticket machine we looked at.

[ericsbrother]

Morrisons in the south are ex- safeway and most have 3 hours free parking as part of their planning consent so first thing to do is ask the council about this.

You can save the other arguments for later, the key one being that the charge for staying beyond 2 hours is determned by the tariff on the machine, which being covered up means that PE had decided that they didnt want the money so cant now bill you after the event.

[ericsbrother]

Also, Morrisons are booting out parking co's from thei car parks so it might be worth checking with their Head Office about this, a well worded complaint about trying to pay at the time may well get themt o tell PE to cancel and you will have saved yourself a lot of bother. Dont contact PE until you have tried thsi and found out about the planning consent.