Private parking charge notice

[Daxx]

A better option is to go to the store, ask to speak to the Manager (you may get the duty manager). Go armed with your parking notice and blue badge. Explain the situation and apologise. The likelihood is the store can quash the 'fine'.

 

[jagman2]

Edit, beware if you park in a disabled space and you are not disabled they have
every right to fine you, along with every other rule concerning their car parks

I think you are incorrect. No private organisation can impose a fine as far as I am aware

They can issue you an invoice with a demand to pay but it is only enforcable through the courts, but it is not a fine and there is no legal obligation to pay it until the courts tell you so.

I happily stand to be corrected but as I understand it, they issue a speculative invoice which the law does not specify you must pay.

 

[anglo]

I think you are incorrect. No private organisation can impose a fine as far as I am aware

They can issue you an invoice with a demand to pay but it is only enforcable through the courts, but it is not a fine and there is no legal obligation to pay it until the courts tell you so.

I happily stand to be corrected but as I understand it, they issue a speculative invoice which the law does not specify you must pay.

You are correct, my post is badly worded

 

[jagman2]

You are correct, my post is badly worded

It's one of the aspects of this subject that makes it so dubious.

Especiallt the Parking Charge Notice (PCN) that is deliberately intended to mislead people in to believng it is a Penalty Charge Notice (PCN)
99% of people who recieve one are deliberately mislead in to believing that it is a fine that they are legally obliged to pay.

 

[Roti]

Because the Equality Act says so, the T7Cs must be fair and within the law,
what they should have done, was wait and see the driver of the car,
ask him "have you got a Blue Badge" in the OPs case he would have replied
"shit, I forgot to put it out" and all is well with the world again.
What the ticket man did was to make an assumption, which was wrong,
Have you seen one of the old parking meters, when the paid time
ran out, a small amount of time was allowed before the needle
went onto time expired, the ticket couldn't be disputed then
HTH
Edit, Just because a company writes something on a notice it doesn't mean it's right

Yes, Mr ANPR is always on hand to talk to those (ab)using the car park.

 

[Roti]

A better option is to go to the store, ask to speak to the Manager (you may get the duty manager). Go armed with your parking notice and blue badge. Explain the situation and apologise. The likelihood is the store can quash the 'fine'.

The store doesn't generally control the parking - a pointless exercise.

 

[anglo]

Yes, Mr ANPR is always on hand to talk to those (ab)using the car park.

I was on about disability parking, ANPR is just about over stay

 

[Bravo_Bravo]

I think this has been discussed before, but advice is needed. I parked in a Tesco supermarket in a disabled bay. I did not display my disabled badge, and got a penalty notice. I received a "fine" for £70 reduced to £30 within 14 days. What really happens if I refuse to pay, or ignore, or what do I need to do to appeal. It is a firm on the BPA.

Google PePiPoo.

They are very good.

 

[Joshua Slocum]

I wonder then if it is not entirely legal to use a fake blue badge in a private car park? Could be a useful trick for those so inclined.

my mum uses a fake one
well its a photocopy of the real one, that she keeps with her, advised to do this as so many are stolen by criminals wanting to park their german motor cars outside the gym

 

[br9mp812]

The store doesn't generally control the parking - a pointless exercise.

As i've said before it worked for me when i wrote to Aldi, luck had it i had 2/3 till reciepts in wallet which proved i was a loyal customer, if only for beer and welding rods

 

[corby]

Google PePiPoo.

They are very good.

I have to say I'm 50/50 with them. There's a few on there that like to post for the sake of posting without actually helping. I was a fan initially but I didn't get a fat lot of help with my problem and posts such as "look for yourself, all the information is here" or "do your own research" I found unhelpful. I was also informed that it would be unlikely that I would be successfull in my counter claim for my time and effort.
Just my opinion.

 

[Onetap]

For the OP.


Try these people. How to appeal. Link

I parked, with permission, in a small car park. I gave my registration to the girl on reception, as required. I'm guessing she didn't record it properly, however, I'd written it in the visitors' book, although this was not required. About four months later I received an invoice for £180 late payment of charges.

I found these people POPLA who reviewed the case and dismissed the claim. Free service and, apparently, most private parking companies abide by their decisions.

On another occasion I received a charge notice from Aldi even though I had been in the store (returning a faulty item). I mentioned POPLA in my email and the problem went away.

I should resist replying to this.

This is parking on private land, so you have a civil contract with the land owner and/or his agents to abide by the contract terms displayed on the car park signs. These signs usually must conform to the BPA code of practice, the BPA being an approved trade organisation (ATO) for private parking companies (PPC). There is usually a penalty clause involved for non-payment, parking outside the marked bays, overstaying, etc, usually around £100, or £60 if paid within 14 days. These infringements would be a breach of contract, and the penalties are enforceable in a civil court, just as you might sue someone that owed you money.

POPLA (Parking on Private Land Appeals) is a alternative dispute resolution ( ADR) service, an alternative to getting embroiled in civil litigation. It is operated on behalf of the BPA by The Ombudsman Service Limited, a limited liability company. There are many other such companies offering ombudsman services. An appeal to POPLA should be reviewed by a trained Assessor, a fair and impartial third party, who will determine whether you had breached the displayed contract conditions and whether the penalty is payable. The BPA members pay for the adjudication service and are bound by its outcome. The motorists are not, you can ignore a POPLA decision and the PPC may then sue you in the civil courts citing the POPLA decision; they'd usually win. Sometimes they just don't bother with the process, the legal fees aren't recoverable, I believe.

The DVLA will only send details of the registered keeper to a member company of an ATO. There are presently two ATOs, the BPA and International Parking Community.

All clear so far?

 

[Onetap]

I should resist replying to this...

... All clear so far?

How do I know all this tedious crap you might ask?

I got embroiled in this impassable morass of unrecoverable, wasted time due to a PCN issued for a "Parking Session Unpaid". A payment had been made so an appeal was submitted to POPLA. The POPLA Assessor determined that the penalty had been correctly applied because of an "invalid payment" caused by inputting an incomplete VRN; this was a breach of the contract clause requiring the 'full correct registration' to be entered. That decision was queried with POPLA in an e-mail, that asked them to show where the 'full correct registration' clause could be found on the PPC's photographs of the signs; in reply POPLA sent two unsigned e-mails, seemingly from two other POPLA Assessors, both upholding the original decision.

There are two things wrong with that.

First, the PCN had been issued for "Parking Session Unpaid", not for an 'invalid payment'. An invalid payment had never been mentioned and not been addressed in the appeal. An invalid payment is paid and so can't incur a PCN for an 'unpaid parking session'. The Assessor had switched the reason for the PCN issue.

Secondly (and this is the raging rogue bull elephant in the POPLA china shop) there is a problem with the 'full correct registration' clause on the signs, the clause that the PPC had quoted in their submission to POPLA and which the Assessor decided had been breached. The problem with the 'full correct registration' clause on the signs is that it was not on the signs; not there, absent, AWOL. POPLA had upheld a penalty for a breach of a contract clause that did not exist; upheld not just by one trained POPLA Assessor, but by 3 of them.

It is not merely that this one PCN that was invalid, but every PCN issued at that car park for incomplete VRMs for a period of about 1 to 2 years. Possibly also every PCN issued by that PPC for incomplete VRMs at their many other sites..

POPLA (and everyone else) have ignored all complaints.

 

[devexwarrior]

For some obscure reason, we don't have an identifier on registration plates for disabled vehicles.

Not obscure at all. It’s the person that is disabled not the car. I visit my elderly mother every few weeks. We go shopping or out for lunch and as she has the mobility issues you’d expect of a 91 year old (and the alcohol capacity of an 18 year old!) I display her blue badge. I am not disabled unless you count baldness and have no requirement for any visible distinction at any other time.