Parking Ticket - What should I have done?
Parking Ticket - What should I have done?
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Redgate

Original Poster:

325 posts

177 months

Monday 10th April 2017
quotequote all
Sorry for the unexciting topic but I genuinely have no idea what I should do regarding this situation.

Took my wife to London for her birthday and parked at our local train station. I purchased a valid ticket for £2.5 with expiry at 4.00 AM on the next day (Sunday). We had planned to stay in London and knew we could not be back at the station until later so I inserted MORE money in the ticket machine. The machine display kept showing max. validity to park until 4.00 AM on the Sunday despite having been fed £3 and £5.

'Weekend rate' displayed on machine states £2.5.

When we came back on the Sunday afternoon I had been issued a ticket. But quite a few other cars as well.

So, I appealed on the basis that I did try to buy a ticket that would grant me to legally stay longer but was unable to.

And, as you may have guessed, the car park operator has decided to uphold the penalty notice.

Next step would be POPLA but I think I heard they were no longer dealing with that kind of dispute.

Any ideas/suggestions on what my next steps should be?

Foliage

3,861 posts

152 months

Monday 10th April 2017
quotequote all
You do know car parks can have a maximum stay length right, you cant just feed £100 into a machine and leave your car there for a year for example...

What should you have done? - Found a parking space that allowed you to park for the amount of time you required.

Next step - pay the ticket, read the signs more closely next time.

Redgate

Original Poster:

325 posts

177 months

Monday 10th April 2017
quotequote all
Foliage said:
You do know car parks can have a maximum stay length right, you cant just feed £100 into a machine and leave your car there for a year for example...

What should you have done? - Found a parking space that allowed you to park for the amount of time you required.

Next step - pay the ticket, read the signs more closely next time.
Nope, I didn't but thanks for pointing that out. So, it is impossible to stay up to 24hrs parked at the same location? Then why would the operator mention a weekend tarif on the Self Service Terminal?

All genuine questions, I am not trying to be argumentative.

MitchT

17,145 posts

239 months

Monday 10th April 2017
quotequote all
By "weekend tariff" they probably mean that's the day rate over the weekend (it may be more to park for a day during the week). You've interpreted it as a price to park for the whole weekend.

guitarcarfanatic

1,991 posts

165 months

Monday 10th April 2017
quotequote all
Ask them to clarify what the tariff would have been for your stay. If you advise you paid more (and their machine presumably was 'up' cash), you may be ok?


Redgate

Original Poster:

325 posts

177 months

Monday 10th April 2017
quotequote all
guitarcarfanatic said:
Ask them to clarify what the tariff would have been for your stay. If you advise you paid more (and their machine presumably was 'up' cash), you may be ok?
I would like to have a discussion with someone at the station to clarify that. The chances of getting somewhere when talking in person are slightly better than sending Emails to the car park operator. Hopefully I would know if it's worth pursuing or not.

Mrr T

15,473 posts

295 months

Monday 10th April 2017
quotequote all
Redgate said:
Sorry for the unexciting topic but I genuinely have no idea what I should do regarding this situation.

Took my wife to London for her birthday and parked at our local train station. I purchased a valid ticket for £2.5 with expiry at 4.00 AM on the next day (Sunday). We had planned to stay in London and knew we could not be back at the station until later so I inserted MORE money in the ticket machine. The machine display kept showing max. validity to park until 4.00 AM on the Sunday despite having been fed £3 and £5.

'Weekend rate' displayed on machine states £2.5.

When we came back on the Sunday afternoon I had been issued a ticket. But quite a few other cars as well.

So, I appealed on the basis that I did try to buy a ticket that would grant me to legally stay longer but was unable to.

And, as you may have guessed, the car park operator has decided to uphold the penalty notice.

Next step would be POPLA but I think I heard they were no longer dealing with that kind of dispute.

Any ideas/suggestions on what my next steps should be?
It’s difficult to offer advice with so little detail.

Can you answer a few of questions:
1. You say you have appealed to the parking company, I assume on the basis of the fact you tried to pay, and this was rejected, did the rejection, or the original invoice say which independent appeals service would be used (you mention POPLA but there are 2), and on the rejection did you get a reference number for the appeal to the independent appeals company?
2. I assume in your appeal you admitted to being the driver?
3. Will also need to post exactly what the signs say.

When you answer the above will be easier to advice. You may have a defence based on this being a “forbidding” sign so no contact was on offer.


S11Steve

6,389 posts

214 months

Monday 10th April 2017
quotequote all
If it was a Railway station car aprk, chances are it was covered under bye-laws, rather than POFA.

I think there is some debate as to whether POPLA will hear bye-law cases, but in essence the only people who can take action under bye-laws are the magistrates court, not the county courts.

The parking company will be asking you to pay £100 in order not to instruct the landowner to issue proceedings, also, the parking company nor landowner get any of the revenue from fines imposed by magistrates.

If you can front it out for 6 months, then no action can be taken.

Have a read of this for more detailed information - http://www.parkingcowboys.co.uk/byelaws/

Cold

16,724 posts

120 months

Monday 10th April 2017
quotequote all
If the machine accepted your money it's difficult to see what financial loss they have incurred.

DanL

6,587 posts

295 months

Monday 10th April 2017
quotequote all
I would think that the "weekend rate" will be the rate for parking at the weekend, rather than a weekday. Most station car parks charge less for parking at the weekend, and also less for parking during the week if you park after a certain time (10am, say).

What should you have done? The station staff could probably have sold you a parking ticket to cover two days - that would have been the way to do it at my local station, anyway...

timmymagic73

389 posts

142 months

Monday 10th April 2017
quotequote all
Cold said:
If the machine accepted your money it's difficult to see what financial loss they have incurred.
I read (between the lines) that the OP "tested" the machine by overpaying - but probably pressed cancel and actually purchased a ticket at the posted price?

I hate pay and display overnight, it's a minefield. Stayed in a hotel in Bedford once with my "overnight" ticket expiring at 6am - hardly slept a wink worrying about oversleeping and getting a fine. Ironically when I rushed out at 6am to buy another ticket I realised I'd entered my wife's car registration into the machine instead of the car I was driving... eek

BertBert

21,287 posts

241 months

Monday 10th April 2017
quotequote all
what train station was it?

Redgate

Original Poster:

325 posts

177 months

Monday 10th April 2017
quotequote all
Mrr T said:
It’s difficult to offer advice with so little detail.

Can you answer a few of questions:
1. You say you have appealed to the parking company, I assume on the basis of the fact you tried to pay, and this was rejected, did the rejection, or the original invoice say which independent appeals service would be used (you mention POPLA but there are 2), and on the rejection did you get a reference number for the appeal to the independent appeals company?
2. I assume in your appeal you admitted to being the driver?
3. Will also need to post exactly what the signs say.

When you answer the above will be easier to advice. You may have a defence based on this being a “forbidding” sign so no contact was on offer.
Thank you for your help. Here are some answers:

1. I don't have the original ticket with me (I am travelling until the end of the week) but the message I received from the Parking company simply states that 'Should you remain dissatisfied with this decision, you may further your appeal to POPLA (...) at www.popla.co.uk (...).
There is a 10 digit verification code at the top of the letter they sent. They also mention the Ombudsman Services as an alternative service but the parking company has chosen not to participate in their resolution services so, ... dead end I would think.

2. Correct.

3. As soon as I am back in the country I will go back to the station and take a picture of the notice on the terminal.

Redgate

Original Poster:

325 posts

177 months

Monday 10th April 2017
quotequote all
timmymagic73 said:
I read (between the lines) that the OP "tested" the machine by overpaying - but probably pressed cancel and actually purchased a ticket at the posted price?
That's correct. I inserted more money to see if the date/time until which I could legally park would change on the display. As it didn't I only put the amount needed to get the maximum time possible.

Redgate

Original Poster:

325 posts

177 months

Monday 10th April 2017
quotequote all
BertBert said:
what train station was it?
St Albans City.

MorganP104

2,605 posts

160 months

Monday 10th April 2017
quotequote all
I reckon your only defence here will be if the wording on the machine/noticeboard is ambiguous. Once you've taken a picture of said signage, post it on this thread, and the good people of PH will let you know how clear (or not) the wording is.

If you can demonstrate the instructions could be interpreted two (or more) ways, you might have a chance.

Otherwise, car parks are quite within their rights to have whatever crazy ticketing policies they like (annoying as this is).

S11Steve

6,389 posts

214 months

Monday 10th April 2017
quotequote all
MorganP104 said:
Otherwise, car parks are quite within their rights to have whatever crazy ticketing policies they like (annoying as this is).
They like to think they are well within their rights, and given how many people buckle rather than challenge, it is little wonder that this perception exists.

The reality is very different.

MorganP104

2,605 posts

160 months

Monday 10th April 2017
quotequote all
S11Steve said:
MorganP104 said:
Otherwise, car parks are quite within their rights to have whatever crazy ticketing policies they like (annoying as this is).
They like to think they are well within their rights, and given how many people buckle rather than challenge, it is little wonder that this perception exists.

The reality is very different.
To be fair, Steve, if the signage in a car park says the maximum stay is until 04:00 the next morning (a slightly arbitrary time, but there we are), then the car will need to be removed from the car park, or re-ticketed prior to 04:00.

I expect they say 04:00 knowing full well no-one's going to get out of bed to retrieve their car at that time in the morning.

I still think the OP's best defence is if the signage is proved to be confusing and/or ambiguous.

Mrr T

15,473 posts

295 months

Monday 10th April 2017
quotequote all
Redgate said:
3. As soon as I am back in the country I will go back to the station and take a picture of the notice on the terminal.
As S11Steve says above when you take pictures of the signage check to see if the signs say parking is covered by bye laws, and if it is take a picture of the bye laws, they have to be displayed.

As he says in his post the law covering car parking covered by bye laws is completely different from other parking.

Christmassss

650 posts

119 months