Parking Charge Notice - advice please

[Hilly64]

I have received a parking charge notice for parking outside of a bay which I have done sort of. I use the car park for 2 hr limit when visiting a gym nearby and have done for a few years. This is allowed and was a condition of the development of the Tesco store and the adjacent gym owned by the university who sold off the land. I have for a long time parked in a space at the end of a run of spaces that has more room to get the van in and therefor less prone to clumsy neighbours. something seems to have changed and monitoring looks like now in place. The area is block paved like the rest of the car park but no white lines or bay markings. I am always very wary of the 2hr limit as this is ANPR recorded.

so two things
1) the penalty notice clearly states time and date for parking at "Iceland Car Park" which is not. it is Tesco's Car Park and all the signs indicate as such
2) on the signs it shows what appears to be an EV symbol next to the rule re parking in the bay (see photo below)
3) The incident is dated 20th Feb and the invoice is dated 6th March 25, so 14 days after. It was posted so I didn't receive until 10th March, outside of the 14 days unless this is classed as working days? It was a courtesy van so maybe delay finding my details from VW so would this be in their favour?

so are the three technicalities sufficient to avoid paying the fine do you think?

the first definitely seems valid as I have never parked at Iceland which is a mile or so away. Google earth shots will sow it looks nothing like their evidential photo. However what is to stop them cancelling the notice and simply re-issuing another? probably the 14 day limit which has now expired. It was a courtesy van so maybe a delay finding my details from VW so would this be in their favour if they could prove VW had been served the notice?

Think I will appeal, says still have access to discount if it fails. My only worry is that there could be more on the way as use said spot regularly so if unfortunate to be caught after this then could be more on the way but maybe 6 total still £300 but will see. think I will hold off sending in appeal as I have 14 days from the issue of the charge notice which will allow some of the others to pass the 14 day limit for issuing so as not to alert them to their error

do you guys think i have a case?

Lessons learnt and won't repeat however many vehicles including larger vans follow this practice, maybe they have spotted an earner!!

 

[soldas]

Lots of car parks down here are hot on the 'you parked outside of the lines' ticket at the moment.

If it were me I'd tell them to take me to court if they want the money. Pretty sure you won't hear from them again the bunch of .....

But hey that's just me.

 

[The Flying Scotsman]

I have received a parking charge notice for parking outside of a bay which I have done sort of. I use the car park for 2 hr limit when visiting a gym nearby and have done for a few years. This is allowed and was a condition of the development of the Tesco store and the adjacent gym owned by the university who sold off the land. I have for a long time parked in a space at the end of a run of spaces that has more room to get the van in and therefor less prone to clumsy neighbours. something seems to have changed and monitoring looks like now in place. The area is block paved like the rest of the car park but no white lines or bay markings. I am always very wary of the 2hr limit as this is ANPR recorded.

so two things
1) the penalty notice clearly states time and date for parking at "Iceland Car Park" which is not. it is Tesco's Car Park and all the signs indicate as such
2) on the signs it shows what appears to be an EV symbol next to the rule re parking in the bay (see photo below)
3) The incident is dated 20th Feb and the invoice is dated 6th March 25, so 14 days after. It was posted so I didn't receive until 10th March, outside of the 14 days unless this is classed as working days? It was a courtesy van so maybe delay finding my details from VW so would this be in their favour?

so are the three technicalities sufficient to avoid paying the fine do you think?

the first definitely seems valid as I have never parked at Iceland which is a mile or so away. Google earth shots will sow it looks nothing like their evidential photo. However what is to stop them cancelling the notice and simply re-issuing another? probably the 14 day limit which has now expired. It was a courtesy van so maybe a delay finding my details from VW so would this be in their favour if they could prove VW had been served the notice?

Think I will appeal, says still have access to discount if it fails. My only worry is that there could be more on the way as use said spot regularly so if unfortunate to be caught after this then could be more on the way but maybe 6 total still £300 but will see. think I will hold off sending in appeal as I have 14 days from the issue of the charge notice which will allow some of the others to pass the 14 day limit for issuing so as not to alert them to their error

do you guys think i have a case?

Lessons learnt and won't repeat however many vehicles including larger vans follow this practice, maybe they have spotted an earner!!

View attachment 278565

Unless the charge was issued by the council then you can just ignore it.
These private parking companies are a bunch of crooks.
They will send you several letters threatening court proceedings but in reality they wouldn’t have a leg to stand on in court and will stop hassling you.
Both me and my wife have been targeted by these private companies a few times before and ignored the whole lot.
Never been taken to court over any of them.

 

[Hilly64]

Unless the charge was issued by the council then you can just ignore it.
These private parking companies are a bunch of crooks.
They will send you several letters threatening court proceedings but in reality they wouldn’t have a leg to stand on in court and will stop hassling you.
Both me and my wife have been targeted by these private companies a few times before and ignored the whole lot.
Never been taken to court over any of them.

Ultimately my response will be " I have never visited Iceland or Parked there" prove otherwise

more or a Morrisons guy

 

[The Flying Scotsman]

Ultimately my response will be " I have never visited Iceland or Parked there" prove otherwise

more or a Morrisons guy

I wouldn’t respond at all.
First time my wife got one she was using her pals parking permit and we tried to appeal and they got nasty so we ignored them and they finally went away.

 

[Sasquatch]

Appeal it, they'll inevitably reject it.

Then if you have the stomach for it you can let it roll to Court and ask for it to be thrown out on the basis of a material error, ie, you were notmin Iceland's car park as stated. The civil test is less stringent but the court might give them latitude as the incorrect use of a single word on the ticket doesn't physically change anything,so such a challenge might work or might not.

Of you can pay the penalty and suck it up.

There's no fourth option, unless you count faking your own death.

 

[Sasquatch]

Unless the charge was issued by the council then you can just ignore it.

No, you cant. Well, you can but it could very well backfire. They're less likely to try their chops in court, but that's not a guarantee. It a very long winded story but I've been to court over one from a private contractor over inadvertantly parking in a privately owned bay and escaped by the skin of my teeth.

In this case I was the driver, but it was my MiLs car. I rang up and tried to explain but because it was not my car they wouldn't talk to me due to 'Data Protection." MiL couldn't call them as she'd had a stroke and could barely speak. Consulted with FiL and wife and we decided to let it play out.

The day comes and I wheel MiL in to the court in her wheelchair. She can barely speak and unless you're used to it she was very difficult to understand. The parking companies solicitor asked me to "translate", but I refused on the basis that "you've already told me you can't talk to me because of data protection" and excused myself from the court room. A very disgusted judge threw it out, but it was tight.

So a private contradtor working in behalf of a private landowner will take you to court if they fancy, at least here in Engurlund. Ignoring it can be a dangerous tactic.

 

[Hilly64]

Appeal it, they'll inevitably reject it.

Then if you have the stomach for it you can let it roll to Court and ask for it to be thrown out on the basis of a material error, ie, you were notmin Iceland's car park as stated. The civil test is less stringent but the court might give them latitude as the incorrect use of a single word on the ticket doesn't physically change anything,so such a challenge might work or might not.

Of you can pay the penalty and suck it up.

There's no fourth option, unless you count faking your own death.

only worry is there could be more to come

going to leave challenge for at least a week to see if any other materialises. revisited the "scene of the crime" as was convinced bay markings were also hit and miss but unfortunately not.

not sure if the electric car symbol will have any relevance?

 

[Lubrown]

not sure if the electric car symbol will have any relevance?

That maybe covered in the rules you photographed (if it is a charging bay) - “parking in an electric vehicle charging bay and not charging an electric vehicle”

The pedant in me says tell them you were charging one… somewhere else.

 

[Sasquatch]

Just fake your death and take on a new identity.

 

[Lubrown]

Makes me think of IT supports fix for most problems - just turn it off and on again.

 

[Alan Watts]

If your on Facebook, there's a guy called Tony Tailor. For £15 he'll appeal and win your case. He helped my neighbour win his case with a fine for overstaying. Horizon Carpark sites, not all but 95%, don't have permission from the land owner to enforce collection of fines. This guy guarantees 100% win against Horizon Carparks or he'll pay the fine himself.

 

[JOG]

Go Darwin: convert your attic to live in and buy a canoe!!!

 

[Hilly64]

If your on Facebook, there's a guy called Tony Tailor. For £15 he'll appeal and win your case. He helped my neighbour win his case with a fine for overstaying. Horizon Carpark sites, not all but 95%, don't have permission from the land owner to enforce collection of fines. This guy guarantees 100% win against Horizon Carparks or he'll pay the fine himself.

Horizon are the fellas in my case, interesting thanks

 

[Hilly64]

reading again the notice says "Not Parked Wholly Within Bay" I wasn't parked in a bay at all let alone Wholly lol

challenge number 4 if I was to be pedantic ?

 

[The Bear78]

Do you have photos of the non-bay before they decide to paint them quickly?..

 

[kipperman]

Absolutely get yourself over to this site and read through the sticky. Parking tickets, fines & parking

They are extremely knowledgeable ( although a wee bit blunt if you haven't read through the Diddy guide) and will help. In the meantime whatever you do, don't admit to being the driver and I would keep stum until you have got the correct advice from the above.

 

[jimc91]

So you didn’t park in a bay and got a ticket for not parking in a bay - not sure why you think you shouldn’t pay

 

[Green Giant]

These parking firms/councils will soon as give you a penalty notice if you even get one digit wrong when buying a ticket at a machine, you pay for the parking, but still get a penalty ticket, so it should work in reverse, they got the name of shop wrong on ticket so it should be cancelled

 

[dubber36]

Just fake your death and take on a new identity.

Or commit suicide and watch them try to get money out of you then.