Parking Notice Charge

kitkat9933 · 19 Aug 2016 at 19:13

So myself and some colleagues on the 20/07/2016 went to KFC for our lunch at The Peel Centre in Stockport. This carpark is pay to park, however, next to KFC are bays clearly marked as free for KFC patrons for up to 15 mins (which even on a good day is pushing things for time after getting an order and eating if you wish to sit down). On this day, the service was exceptionally slow and it took a long time for the entire group to get their food, so by time we excited the carpark it had been 35minutes (ANPR triggered on the way in and out).

Now on the 19th August, the registered keeper was issued with a PCN for £60 (dated the 15th August), so delivered several days after it was issued and nearly a month after the 'parking violation'. Now the registered keeper has informed me they haven't responded yet to the parking company 'Excel', but have asked KFC to assist on the matter who have point blankly refused to do so. Now if we knew we were going to be that long, we wold have paid the 40p charge just to save the potential hassle, but once we were in, we didn't realise how long we were and so no one realised to go potentially get a parking ticket.

How is best to proceed with this?

muon · 19 Aug 2016 at 19:16

Go through the appeal process but expect to lose.

Unfortunately the Beavis ruling applies in your case. It has set a precedent for this exact circumstance. Overstaying free parking in a commercial environment.

http://www.parkingcowboys.co.uk/parkingeye-vs-beavis/

Any other scenario I'd say you can ignore the charge (and they will go away), but here it is reasonable to say that a contract was formed, free 15 minute parking with a charge of £60 if you overstay. It has already been demonstrated that such a charge isn't unreasonable in it's amount in a retail car park.

Diddums · 19 Aug 2016 at 19:17

Write to them and ask them to waiver the fine as you were in fact eating at KFC. I've had a fair few of these, Tescos, Sainsbury's, etc. I just write to them and explain that I was there to do my shopping and they usually go silent for a while. One of them wrote six months later to say that the fine had been waived.

Also, I don't go to those supermarkets any more, that can ******** if they think I'm going through all that ******** to buy some ****ing shopping.

(sorry, but this is a sore point for me)

kefkef · 20 Aug 2016 at 00:37

Have you got a relative in another country? If I get any of these now I just list either of my uncles in Ireland as the driver and hear nothing more about it.

Mujja · 20 Aug 2016 at 00:45

kefkef said:
Have you got a relative in another country? If I get any of these now I just list either of my uncles in Ireland as the driver and hear nothing more about it.

Isn't the fine for the registered owner? Otherwise what's stopping anyone from making up a name of someone in another country?

disfunktion · 20 Aug 2016 at 02:18

Have a search for 'Peel Centre' on the Money Saving Expert forum and on Pepipoo for templates to use for an appeal.

My partner did pretty much the same at the Peel Centre and we appealed and won - but make sure to use the right templates/wording.

The initial appeal to the Parking company will be thrown out and you will then have to appeal through POPLA. Send everything recorded delivery and keep copies.

If you cant find the template I still have the one we used - but the car park is pretty notorious so you should easily find the info on the MSE forum.

In future you can park for free at the Pizza Hut car park across the road for free for 90 minutes.

Whatever you do - dont just ignore it.

Nasher · 20 Aug 2016 at 07:47

Mujja said:
Isn't the fine for the registered owner? Otherwise what's stopping anyone from making up a name of someone in another country?

If you name another driver then they are supposed to chase them instead. Private companies don't issue "fines", only invoices.

This won't work with penalty charge notices issued by councils though. Which are enforceable.

muon · 20 Aug 2016 at 11:25

disfunktion said:
Whatever you do - dont just ignore it.

It isn't a bad strategy.

It is a strategy I will always be taking with private parking charges. I will only respond to court papers.

kitkat9933 · 20 Aug 2016 at 13:21

Nasher said:
If you name another driver then they are supposed to chase them instead. Private companies don't issue "fines", only invoices.

This won't work with penalty charge notices issued by councils though. Which are enforceable.

Apparently since some landmark case in 2013/2014, they can chase the named keeper now.

Nasher · 20 Aug 2016 at 15:01

muon said:
It isn't a bad strategy.

It is a strategy I will always be taking with private parking charges. I will only respond to court papers.

Yep, it works for a lot of people. Usually they will give up if doesn't look like an easy win for them.

Arranging to take someone to court is expensive and you can just pay up on the last minute, wasting their time/money.