Private parking ticket, any fight left in it? Appeals refused.

Soldato
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Any fight left in this parking ticket or best to just pay it now?

The driver went to a training event at a hospital which has recently changed to offer 4 hours free parking for all visitors. The signage also says an additional 4 hours is available if you sign up at the terminal. Exact wording from the sign: "Patients & Visitors - If your stay exceeds 4 hours please report to the main concourse or other reception areas and enter your full, correct vehicle registration into the terminal to receive an additional 4 hours"

The driver entered the site, reported to reception, confirmed with the staff to enter details into the terminal for the additional 4 hours, this was done as the intention was to stay for around 7 hours for a full day of training staff. After 6 hours 30mins on site the driver left the site and received a ticket within 2 weeks demanding payment for overstaying the 4 hours.

The appeal against the parking ticket was rejected stating the driver was not on the exemption list. After doing some investigating the website for the site has more clarification on the parking issue: "patient and visitor parking is available for four hours. If you exceed this time limit then you will need to register your number plate at one of the 40 terminals across site which allows you an additional four hours. "

This implies that to get the additional 4 hours you have to overstay the original 4 hours to begin with before entering your details into the terminal, and the additional 4 hours will only activate if your details are entered once you have overstayed.

For the POPLA appeal we asked if they could clarify their signage as the driver thought by entering their detais they would be allowed 4 hours plus an additional 4 hours to run consecutively, however it appears they ran concurrently therefore the vehicle was marked as overstaying the allowed time and no longer exempt. This has not been confirmed or denied by the parking company or the site.

The POPLA appeal completely ignored our request for clarification and just said "the driver overstayed, registered keeper has to pay up"

To me and the driver the signage is not clear as to the requirements of getting the additional 4 hours of free parking, it seems odd you have to overstay and break the parking terms to be granted an extension for parking, you cannot sign up in advance and the term "additional" is misleading if it can't be added on to your existing stay earlier on. We have tried to get clarity from the on site parking office but they are ignoring all calls.

With POPLA rejecting the appeal our only option now is to either pay up (£70) or wait months of threatening debt collection letters and probably a day in court which could be expensive if the judge can't be fluffed to accept a parking company might have screwed up. Is there any further advice?

The car park only has free parking for 4 hours and the additional 4 hours, no other options. The 92 pages of "evidence" supplied by the parking company to POPLA failed to present how the terminals work, signage at the terminals or how they apply the additional 4 hours. The registered keeper would probably end up paying it just to make the issue go away.
 
Soldato
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I'm aware it won't for £70, but last time I got a ticket back when the advice was to ignore them (9 years ago) it was well over £300 within a few months with additional fees. If this was my ticket I would be ignoring it for now but I'm trying to reassure the driver and the registered keeper of the car that they were not in the wrong and they did everything as instructed by the signs and need to fight it somehow.
 
Don
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I would never even have bothered with the appeal and just ignored it

If you are worried by that approach there are companies out there that fight it for a flat fee of about £20 and they pay if they lose
 
Soldato
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I would never even have bothered with the appeal and just ignored it

If you are worried by that approach there are companies out there that fight it for a flat fee of about £20 and they pay if they lose

Just looked at one of those companies, they will only refund the £20 you pay them if you pay in full the parking ticket if they lose the POPLA appeal. Already gone beyond POPLA so it's no use and they don't guarantee a win, just that they will try to.

Ticket is currently £70. I'll see if I can get the details for the hospital parking office from the driver tomorrow to attempt to talk it through with them, if I can't get through then the switchboard is going to be getting quite a few calls until this can be resolved.
 
Don
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Just looked at one of those companies, they will only refund the £20 you pay them if you pay in full the parking ticket if they lose the POPLA appeal. Already gone beyond POPLA so it's no use and they don't guarantee a win, just that they will try to.
.


ah ok :(
 
Soldato
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Honestly if it was my ticket I'd be happy to drag it through the courts if it was required, but it's not and the person who is now listed as responsible for the ticket doesn't always know their consumer rights and enables them by paying instead of challenging.
 
Soldato
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Chatteris
Are people still advising "ignore" when these companies will take it to court? Pop over to Pepipoo and get their opinion - burying things rarely solves them.
 
Soldato
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Look at this another way.....How long have you/and others spent appealing/review/checking the website/signs etc so far?

Not saying who's right or wrong, but for me, just pay the £70 and move on with life.

Spending more time and effort to dispute a relatively small fine, albeit not very clear in the wording of the place, I would just pay it a move on.
 
Soldato
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Stoke-on-Trent
Of the 10 or so I've ignored over the last 3 years, 2 have sent through county courts dates. This gives you so many days to pay up...I just call, haggle and pay somewhere in between the original fine and the amount they are taking me to court for.

Never get them on purpose, I just jump to pay them and file away until things get serious
 
Associate
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It won't go to court for a £70 fine, ignore it.
They'll. Believe me.
As ridiculous as it may sound, at the moment, when you park on private land, you automatically agree to their terms and conditions, and that makes some form of contract.
There's some movement trying to revert that, as clearly most of the ridiculous terms and fines are abused by some vultures, but until then, no chance to appeal if it really goes to court.
 
Soldato
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Sounds like parking companies have counted the beans and decided that they should take some people to court to prove they will and thereby head off the advice to ignore it.
 
Associate
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Sounds like parking companies have counted the beans and decided that they should take some people to court to prove they will and thereby head off the advice to ignore it.
The Supreme Court Ruling in Beavis v Parking Eye November 2015 gives them the right to impose a reasonable contractual penalty for any breach of their terms and conditions. Sir Greg Knight's private members bill, will eventually impose a new code of practice on private parking enforcers. But, as things stand, the law is on their side. Sad, but I wouldn't ignore it.
 
Soldato
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Gloucestershire
They've got no chance of winning in court with the ambiguity of the signage. To a reasonable person, it reads that you get an additional 4 hours by registering: 'additional' can only be interpreted as being on top of the free hours. If you need to do anything else to get the free hours, then it needs to tell you. Anything significant can't be on the website, even if it refers you there (and I would guess it doesn't)

Unless there was further clarification at the terminal, the parking co is out of luck.
 
Soldato
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London
I have lots from work. The Problem is that the staff Carpark is full after around 9 am. I already pay around £40 per month to be allowed to park at work. Many of my shift start at 10am, 12, 2 and 4 pm so I have to park in the patient carpark and often end up with a ticket. Now they are chasing me for £150 per ticket.
 
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