Parking Ticket - Advice please

Parking Ticket - Advice please

Author
Discussion

Mont Blanc

Original Poster:

1,190 posts

48 months

Monday 23rd September
quotequote all
Hi all,

I visited a rural pub a couple of months ago with my family, and parked in their car park. I had never been to this particular pub before as I was in a different part of the country for the weekend. We ate in the pub, paid, and left. Nothing unusual.

I then receive a Parking Charge Notice from a private parking enforcement company saying the usual stuff. I contravened the parking regulations of the pub car park and I owe them £100.

Confused as to what I had done wrong, I phoned the pub who said they had "Loads of trouble with people getting parking tickets" and "it was a nightmare". They apologised to me and said that bar staff had been forgetting to tell customers to enter their car reg numbers into an iPad device on the bar to register for the car park.

They gave me the email address for the pub chain, and said I contact them with the details and they would get the ticket cancelled for me.

I contacted the pub chain, twice, with zero response.

I then appealed to the parking enforcement company saying that the business in question has acknowledged that I was a customer and confirmed the ticket isn't valid, and should be cancelled. They rejected my appeal and said the 'debt' was now being passed to debt collection, and possibly court if required.

I am aware that courts do award in favour of parking companies these days if you are one of the unlucky ones they pick to actually take to court, and people have ended up with CCJ's, so I am not simply ignoring this, but I do want to fight it off.

Any advice given the slightly odd scenario?

tl;dr - Parking ticket issued - The business who own the land says it was in error and I shouldn't have received it as I was a customer, but can't be arsed to cancel it with the parking company.

Glassman

22,939 posts

220 months

Monday 23rd September
quotequote all
If you have a receipt or something on your bank statement proving you were a patron would be a good start.

Then something from the pub itself.

Depends also if there was a permitted time allocation.

911hope

3,229 posts

31 months

Monday 23rd September
quotequote all
Write to the parking company and inform them you have a receipt for that day, proving you were a customer and had not breached the parking conditions.

I hope you have a receipt.

They should then know they will lose, if they take it to court.

Mont Blanc

Original Poster:

1,190 posts

48 months

Monday 23rd September
quotequote all
I do have proof that I was a customer that day (It is on my bank statement from my debit card and on my Apple Pay history).

I did not overstay. I simply did not enter my reg number into the iPad on the bar, as the pub staff forgot to ask me to do this.

I have told the parking company the following:

1) That I was a customer that day and have proof.

2) That I have a recorded phone call with pub staff where they admit it was their fault and that I shouldn't have received a ticket, and that the ticket should be cancelled.

The parking company sent me a stock response of 'Your appeal is rejected'.


Edit, I think at this stage I will just leave it and see if they actually take me to court. If they do, I have various bits of proof that the ticket should have been cancelled.

Edited by Mont Blanc on Monday 23 September 13:33

Glassman

22,939 posts

220 months

Monday 23rd September
quotequote all
Pepipoo and MSE are quite good for advice, but be prepared for some curt responses if you ask questions. Some of their faithful do not like repeating themselves.


Mrr T

12,828 posts

270 months

Monday 23rd September
quotequote all
Mont Blanc said:
Hi all,

I visited a rural pub a couple of months ago with my family, and parked in their car park. I had never been to this particular pub before as I was in a different part of the country for the weekend. We ate in the pub, paid, and left. Nothing unusual.

I then receive a Parking Charge Notice from a private parking enforcement company saying the usual stuff. I contravened the parking regulations of the pub car park and I owe them £100.

Confused as to what I had done wrong, I phoned the pub who said they had "Loads of trouble with people getting parking tickets" and "it was a nightmare". They apologised to me and said that bar staff had been forgetting to tell customers to enter their car reg numbers into an iPad device on the bar to register for the car park.

They gave me the email address for the pub chain, and said I contact them with the details and they would get the ticket cancelled for me.

I contacted the pub chain, twice, with zero response.

I then appealed to the parking enforcement company saying that the business in question has acknowledged that I was a customer and confirmed the ticket isn't valid, and should be cancelled. They rejected my appeal and said the 'debt' was now being passed to debt collection, and possibly court if required.

I am aware that courts do award in favour of parking companies these days if you are one of the unlucky ones they pick to actually take to court, and people have ended up with CCJ's, so I am not simply ignoring this, but I do want to fight it off.

Any advice given the slightly odd scenario?

tl;dr - Parking ticket issued - The business who own the land says it was in error and I shouldn't have received it as I was a customer, but can't be arsed to cancel it with the parking company.
When the company rejected your appeal they should have given you a reference for the independent appeals body POPL. That's your next step. If you lose there it not binding on you. But if you win it is binding on the PC.


GasEngineer

1,101 posts

67 months

Monday 23rd September
quotequote all
Can you try the pub chain again, maybe phone them and tell them how far it has got?

If they are supposed to cancel the ticket for you as requested, point out that it has only got this far because they haven't responded to your emails. Hopefully they should still be able to cancel it at this stage.

Mont Blanc

Original Poster:

1,190 posts

48 months

Monday 23rd September
quotequote all
GasEngineer said:
Can you try the pub chain again, maybe phone them and tell them how far it has got?

If they are supposed to cancel the ticket for you as requested, point out that it has only got this far because they haven't responded to your emails. Hopefully they should still be able to cancel it at this stage.
I shall indeed contact them again, but I was just trying to get ahead for the next step if they continued to fail to respond.


Sir Bagalot

6,594 posts

186 months

Monday 23rd September
quotequote all
Mont Blanc said:
GasEngineer said:
Can you try the pub chain again, maybe phone them and tell them how far it has got?

If they are supposed to cancel the ticket for you as requested, point out that it has only got this far because they haven't responded to your emails. Hopefully they should still be able to cancel it at this stage.
I shall indeed contact them again, but I was just trying to get ahead for the next step if they continued to fail to respond.
My advice?

Write to the parking firm CCing the pub and provide evidence you did buy something in the pub.

If not cancelled then

a/ Pay it

or

b/ ignore all further letters until they send a letter before action. Then supply the info they want

RumbleOfThunder

3,603 posts

208 months

Monday 23rd September
quotequote all
To me the golden rule in these situations is, what loss did the business/parking company incur from your offense? The answer here is nothing. It's not a pay and display, you can prove you were a paying customer and you did not overstay. If the matter goes to court, what loss of income can they legitimately claim? I suspect the fine being in the hands of debt recovery is bks and nothing more will come of this. Easy for me to say of course.

reddiesel

2,354 posts

52 months

Monday 23rd September
quotequote all
Mont Blanc said:
I do have proof that I was a customer that day (It is on my bank statement from my debit card and on my Apple Pay history).

I did not overstay. I simply did not enter my reg number into the iPad on the bar, as the pub staff forgot to ask me to do this.

I have told the parking company the following:

1) That I was a customer that day and have proof.

2) That I have a recorded phone call with pub staff where they admit it was their fault and that I shouldn't have received a ticket, and that the ticket should be cancelled.

The parking company sent me a stock response of 'Your appeal is rejected'.


Edit, I think at this stage I will just leave it and see if they actually take me to court. If they do, I have various bits of proof that the ticket should have been cancelled.

Edited by Mont Blanc on Monday 23 September 13:33
I think you have all you need in order to be successful should it go to Court . I am surprised to hear you say that these cases go in favour of the Parking Companies because it certainly wasn't my experience when I experienced something similar . I think you are approaching things in the correct manner , the ball is in their Court so let them get on with it .