Parking - the private enforcers got me!

[Ken Figenus]

They got me bang to rights! Stopped outside JD Sports in a retail park for 4 mins as my lad went in to collect his 'xmas money' online order but got a Parking Charge Notice for £100.

Now I think I will give JD a call to see if they can help waive it but I was 100% on double yellows though - although obstructing nothing and no one. Squeezing into a snug bay with an easily dingable 5.1 m x 2.2m land yacht seemed a poor choice for a quick in/out order pickup

Just seems a bit harsh as there is no 'observation time' or any small leeway/grace period as with normal parking tickets - just an immediate ticket.

So, take it like a man that has done wrong or have a wriggle as they are being very hardball?

[Ken Figenus]

Doc says IPC Members on reverse:

[Ken Figenus]

S11Steve said:

I've successfully argued a number times at POPLA that stopping on private double yellows whilst remaining in the vehicle does not constitute parking, therefore POFA 2012 can not be applied, therefore no keeper liability can be invoked.

Interesting - is that why their 'offence' description is vaguely worded - 'On yellow lines'. They don't want to stay 'stopped' or 'parked'?

I have to say that I may not have the time/will to fight it, and I did do wrong, but in my normal world experience it would have been a tap on the glass 'oi - shift it mate' or at least a few reasonable few minutes grace. I'll need convincing!

[Ken Figenus]

Thanks guys - my resolve is strengthening. Just wouldn't happen this way in the non 'private' parking enforcement world would it - and they are also out for every penny they can get. All feels a bit feudal - maybe the landless serf will rise up !

There was no ticket on the car - well I would have spotted it being sat inside with the engine running and Spotify streaming! I called JD Sports and they have never heard of anyone being done and didn't know who the managing agent was and had never heard of the parking charge company. I suspect this may be a McDonalds thing? I was closer to McD than JD - but the parking doesn't SEEM specific to McD its a big open retail area...

Here's the rear of the doc:



Again I know I did cross a little line here but no loss or inconvenience or taking the p was caused - if it was the std Cardiff £25 parking fine (yes - no wonder its top ten on the 'where to live' table Laandaners ) then no bother, but these 'our rules' guys want a lot more than that. A polyester football top more! Hmmm

[Ken Figenus]

Seriously incorrect I'm afraid.

[Ken Figenus]

I appreciate what you are doing as I have had a good look at sites kindly linked to by posters here to try and steel myself up, however I do worry that much info is out of date and it is also quite a bit of stuff to cobble together.

[Ken Figenus]

Thanks mate! The only thing is they don't bother to distinguish between parking/waiting and cunningly don't alleged that as being the 'contractual break' that is being assumed and charged for. In society there are norms and practice around enforcing 'double yellows' and is it unreasonable that these precedent might be carried over to a feudal car park? Is that a reasonable expectation?

Got nowhere with JD Sports' manager as they have never heard of anyone being done and have no idea who the landlord is .

I'll take a GoPro and a pic of the signs tomorrow as I'm down there. If signs are clear and well placed they can have their £60 as I did do something slightly wrong for 4 mins and did not read their small print - well how could I; I never got out the b car! If the signs are obtuse or designed for punitive revenue then I'm up for it. Thanks for the advice comrades!

[Ken Figenus]

I went back to have a look today at where I 'transgressed'...



One thing that absolutely cemented the reasoning behind my selfish 4 mins in being on the double yellow outside Sports Direct is the size of the parking bays.

The bays are snug even for small hatchbacks - I would never risk the big 2.2m wide car in one of these - even if I had the skills to actually reverse it in! I could barely get out of the F11 today having parked!





I'm not sure what the definition of 'tariff' is but this is what was said on the signage:


I'm still 50/50 on this as I did wait with the engine running on double yellows (without causing any inconvenience or obstruction) but if everyone did that then it would get messy and it could get obstructive. However I'm also very clear that it was impossible for me to contract with them on this 'yellow line tarrif' as it was impossible to read their very small print when driving in and the especially as I didn't actually get out of the car. No contract could possibly have been established...

I think they need to follow real world custom and practice in yellow line enforcement (signs on poles BY the yellow line rather than thousand word posters further away on buildings...). People don't expect such hyper punitive approaches with zero leeway. Is that reasonable or is £60 reasonable for a quiet life!?

[Ken Figenus]

I just blew up the 2nd pic:



That could easily have been my P&J - my schoolboy's dream 'pie in the sky' car - LOL

[Ken Figenus]

Red Devil said:

 * @ OP. You say you parked outside JD Sports but the shop in your pic is Sports Direct.
    Where is the sign you posted situated in relation to where you parked on the DYL (i.e. ground plan)?
    Did you drive past any other one/s to get there?

I shot a video to see if I missed anything obvious on approach and should just take the slap... But there is nothing more than the small print signs i posted that you would have to get out of the car to read.

I stopped outside Sports Direct - JD was a couple of units to the right of where I stopped. The sign I took a pic of was the one behind the car when waiting outside Sports Direct. The sign was not visible or readable from the car.

A kind PH'er suggested it may be Schroders Asset Managers that own the land?