CAG Products - We think that these will help you to make your claim or Reclaim your Right These sales help to ensure this site will remain free to use!
I parked at Ashton Moss yesterday across two parking bays, and found a ticket under the wiper, when I returned.
Your vehicle was found to be parked within an unorthorised area at "Ashton Moss" and in contravention of the parking control messures in place at the time. And then a tick in a box, "Vehicle parked outside marked bay"
When I parked there were about 200 empty parking bays near the car, when I returned to the car after watching the film at Cinemax, there were about 100 free bays near the car.
I speciffically parked well away from the poppular parking areas so as not to inconvinence anyone.
Whilest driving out of the carpark, I noticed the parking notice flapping under the wiper. I then drove back into the carpark after reading the ticket.
There is a sign saying "no parking out of designated bays" or somthing like that. I didn't notice it before parking, I only noticed when I went back to look for it. It's impossible to read while driving into the parking area. I parked near to it when I returned, and then walked to read it.
I then went to talk to the parking attendant and asked about appeal procedure. He asked which car was it, and I told him.
I have read the template letters, which suggest dening the driver was me, however the attendant has seen me and I'm the only user of the car.
If this was to go to court and the attendant was called as witness, he could say I admitted to being the driver.
How should I proceed?
EDIT : This is a free parking area
EDIT : Changed line five to make more clear what happened.
Last edited by Rapidone1234; 15th June 2009 at 01:16.
I parked at Ashton Moss today across two parking bays, and found a ticket under the wiper
When I parked there were about 200 empty parking bays near the car, when I returned to the car after watching the film at Cinemax, there were about 100 free bays near the car.
Sorry to state the obvious...
Whilst we all abhor private parking companies and the tactics they
employ, if like you admit, you parked across TWO BAYS with 200
empty spaces around you, you need to get better glasses or stop
thinking that you can park where the hell you want and leave it to
others to help you with the consequences...
Personally, I think you deserve to be £80 lighter in the wallet!
Whilst we all abhor private parking companies and the tactics they
employ, if like you admit, you parked across TWO BAYS with 200
empty spaces around you, you need to get better glasses or stop
thinking that you can park where the hell you want and leave it to
others to help you with the consequences...
Personally, I think you deserve to be £80 lighter in the wallet!
Is it beyond reason that they could just put a polite notice under the wiper pointing out the poor parking and requesting the driver sticks to the marked bays in future? That would be much fairer than trying to fleece someone's hard-earned wages and sticking it in some faceless company's bank account.
Don't pay it. There are many threads on this forum explaining the powerlessness of these companies. Have a browse.
Whilst we all abhor private parking companies and the tactics they
employ, if like you admit, you parked across TWO BAYS with 200
empty spaces around you, you need to get better glasses or stop
thinking that you can park where the hell you want and leave it to
others to help you with the consequences...
Personally, I think you deserve to be £80 lighter in the wallet!
Please can you clarify why you think there can ever be any circumstances where a driver should pay a PPC £80 when the PPC has not suffered any consequencial loss?
If you park across 2 bays with 200 empty spaces around
you in a car park where enforcement measures are in place
you deserve to get stung.
Simple as. Park in the bay, it's a free car park.
I live in the town that the OP is complaining about
so I know the car park, it's not difficult, the car park
is clearly marked out with thick white lines.
It P*sses me off royally to see people who don't give
a flying sh**e where they park, or how badly for that
matter and then come crying for help when they get
penalized.
I'm really sorry if this comes across against the don't be
screwed assumption that we enjoy here, but there are some
cases that really don't deserve help.
"There is a sign saying "no parking out of designated bays" or somthing like that. I didn't notice it before parking, I only noticed when I went back to look for it. It's impossible to read while driving into the parking area."
If I'd parked across the last two parking bays on the carpark then I wouldn't have been so upset.
I may only be driving a white van, but I don't want a new dent on it once in ever four or five visits to a public parking area.
The parking bays are too small for purpose. It only takes one strong gust of wind and the door of the next vehicle can be blown out of its bay. Or simply someone misjudging the swing of their door.
Using more than one bay is the only way to avoid dents. I doubt I'd have much luck trying to claim for dent repair from the car park owners.
Last edited by Rapidone1234; 15th June 2009 at 01:18.
Hang on, am I reading this right. The notice said not to park outside of the designated bays, in what way was that not complied with? He was not outside of the bays. That sign means that you should not park in the access lanes (perfectly reasonable). If they wanted him to park in one bay only then they should clearly state so. Something simple like 'Park in one bay only.'
If it is a free carpark they have suffered no loss and therefore they are not entitled to anything. The 'penalty' is just that, but unfortunately for them penalty clauses are not allowed in this type of contract. That was firmly established in English law nearly 100 years ago.
I'm simply trying to counteract the commonly-held misconception that parking charges will not go to court, thus saving users alot of money in the long run.
The only reason that view is "commonly-held" is coz it's true.
Please point me to one SUCCESSFUL case that a PPC has won in court when PROPERLY defended by an informed defendent, the reason why ignoring PPC invoices is the best way to deal with their begging letters is that they have no validity in law
Not really, if you take a common sense view of the notice you know what they mean. What can they do? They dare not risk taking you to court in case their scam is blown. If they are silly enough to do it, post it on here. I can give you details of the 1915 decision (it was either Court of Appeal or House of Lords) that prohibited the use of penalty clauses in these type of contracts. county court judges must follow the decisions of those two higher courts. Best of all tell them you are taking a local journalist along. Show the court the case and you have won.
House of Lords - Dunlop V New motor. You cannot contract into a private scheme of punishment (even willingly). Plus http://www.consumeractiongroup.co.uk...blems+ppc+face plus plus Tweddle - which cuts both ways don't forget, very useful for getting the landowner 'involved'. plus Results within legislation - Statute Law Database plus a there is a good list of Misrepresentation Case Law on this board http://www.consumerforums.com/resour...representation. There is a very long list of tools and weapons. The best weapon is silence in my opinion, but if a PPC does issue real court papers a proper defense is there if needed.
UKPC Ashton Moss £40/80 ticket.
Originally Posted by diskmandave
Reply With Quote
Bookmarks