Exceeds marked bay area - really?

danielanthony

danielanthony

danielanthony

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Abingdon
Hi,

I'm not sure if I'm being unreasonable here so would appreciate a 2nd opinion.

I have received a parking charge for £100 from Premier Parking Solutions for Exceeding Marked Bay Area. I've attached the photos they have sent:

Parking%20Charge%20Pic1.jpg


Parking%20Charge%20Pic2.jpg


As far as I can see:
1) My wheels are all within the marked bay area.
2) The front of my car is aligned with the front white markings.
3) The parking bay is on a corner, if I'd parked further forward there was the danger that other cars turning could damage my vehicle.

I'm intending to appeal to PPS directly first, and then to IAS, highlighting the points above, does anyone have any advice which would help?
 
Ryan-3 said:
Your car isn't in a parking space, it's in three.
Click to expand...

So the fact that I'm aligned with the lines at the front and my wheels are within the bay doesn't count? When I got out of the car I didn't check the back, as my car is fairly typical and so being aligned with the front markings usually means I'm within the parking bay.
 
As far as i'm aware, they say the vehicle has to fit within the space and should not overhang the bay, similar to double yellow lines.

****** you off, as you've paid to park and it isn't a great offence, but that's how they're going to see it. :(
 
As far as I am aware the 'entire' of your car has to be within the marked lines.

Which is clearly impossible as your car is longer than the actual bay. I do remember a few years ago a similar incident of Rio Ferdinand getting a parking ticket as his Aston Martin was wider than the parking bay.
 
danielanthony said:
So what should I have done? Park further forward and have the front of my car jutting out into the road?
Click to expand...

You're stuffed. As other's have said, your car has to fit within the bay, not just the wheels. As you can see from the picture, a car can have wheels within one space and still be preventing another driver from using the adjacent space. If you'd left the front sticking out, you probably still wouldn't have been within the bay. Your car doesn't fit in the parking spots in that car park.

You might be able to argue the terms of the contract, the cost of the claimed losses, etc, but I doubt you'll get away with claiming "my wheels were in the marking, it's not my fault my car is too huge and takes up three spots anyway".

I did read a while back that a lot of older parking places were getting their bays redrawn because today's larger cars just don't fit into the spaces anymore.
 
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Unfortunately, I don't think you're going to get anywhere with the appeal. Although your wheels are in, you are parked at an angle and overhanging far too much into the space behind. You should have made a compromise and moved forwards, leaving the front of your car hanging out. There is a line at the back of the space, but not at the front.

If I was trying to park in that space behind you I'd have been pretty miffed that your cars arse was hanging over.

Yes, the space isn't big enough, and yes, it's a pain in the backside, but I don't think you'll get away with it. In my opinion, at least, I think you could have parked better.
 
Ignoring the exceeding the bay part and focusing on the charge....isn't £100 rather steep given the charges are meant to be for lost revenue? The photos show that they've not lost anything as other cars are parked behind the OP's car...
 
I would appeal, they're not allowed to issue you with a punitive fine. You have caused no loss of income and have paid for the privilege of parking.

Personally I would have parked further forwards as you're clearly well into the spaces behind you but I doubt they could make a fine stick for that.
 
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Lima said:
Premier parking solutions?

Sounds like a company I would ignore.
Click to expand...

I wouldn't ignore them, the rules have changed since October 2012 meaning that is no longer a good option, however you should also not appeal the ticket, but instead question their right to issue the invoice in the first place.

Go to the Pepipoo forums, there are people there who know this stuff inside-out.
 
Yep, post it in the private parking tickets section of pepipoo and they'll give you advice. You almost certainly won't have to pay it, I've received loads of private parking tickets and have won all of them with relative ease with their help.
 
InvaderGIR said:
Ignoring the exceeding the bay part and focusing on the charge....isn't £100 rather steep given the charges are meant to be for lost revenue? The photos show that they've not lost anything as other cars are parked behind the OP's car...
Click to expand...

Bingo. It's never going to hold up in court.

Paid parking?
Yes

Used one space?
maybe...

Prevented use of a second space?
No

No loss to the parking company. Even disregarding the legalities of "parking charge notices".

Appeal it through the appeals process on the basis that you parked as best you could with the poorly marked bay, and that the obstructed space was still usable. If they reject your appeal, I would still not pay and let them sue if they have the cojones. They won't win that one.
 
That is terrible parking and you have clearly impeded on the space behind but I would say that's fairly academic as its not a parking fine its one of those stupid speculative invoices. Seek advice from the forums mentioned and you will be fine.

Nice car btw.
 
Not only is the boot of you car intruding into the 2 bays behind it, the passenger side front wheel has crossed into the hatched no parking area to the left.
 
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