Quick parking question
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Discussion

Mikebentley

Original Poster:

8,289 posts

163 months

Friday 21st October 2022
quotequote all
I got a parking ticket (Parking Charge Notice) at a Smyths toy shop location in Cheltenham 13 days ago. I had my daughter with me who has Downs Syndrome and there were no disabled parking bays. As I own a large car I parked at the back of the car park and placed my two wheels up on the kerb to enable her to exit the car. The kerb in question was around a flower bed in the middle of the car park.

I was gone 15 minutes and thought all was well but UKPC decided I should get a £100 fine reduced to £60 if paid by tomorrow. The car park notice was issued by their guy who sat in the car opposite and waited for me to exit watching my daughter struggle to get out.

Now my quick question.
Does a parking bay need painted lines on all sides to define it as it were or is a kerb deemed sufficient to define the space?
Just thinking of a challenge as the reason is “not parked correctly within the markings of the bay or space”

Ticked off as didn’t ticket other cars diagonally parked etc.


Edited by Mikebentley on Friday 21st October 20:16

Super Sonic

12,290 posts

77 months

Friday 21st October 2022
quotequote all
Mikebentley said:
I got a parking ticket (Parking Charge Notice) at a Smyths toy shop location in Cheltenham 13 days ago. I had my daughter with me who has Downs Syndrome and there were no disabled parking bays. As I own a large car I parked at the back of the car park and placed my two wheels up on the kerb to enable her to exit the car. The kerb in question was around a flower bed in the middle of the car park.

I was gone 15 minutes and thought all was well but UKPC decided I should get a £100 fine reduced to £60 if paid by tomorrow. The car park notice was issued by their guy who sat in the car opposite and waited for me to exit watching my daughter struggle to get out.

Now my quick question.
Does a parking bay need painted lines on all three sides to define it as it were or is a kerb deemed sufficient to define the space?
Just thinking of a challenge as the reason is “not parked correctly within the markings of the bay or space”

Ticked off as didn’t ticket other cars diagonally parked etc.
Think you'll be wasting your time.

Mikebentley

Original Poster:

8,289 posts

163 months

Friday 21st October 2022
quotequote all
I know it just smites somewhat. I would have been better off parking on the road outside as at least a real Penalty Charge Notice is only £30.00.

sixor8

7,894 posts

291 months

Friday 21st October 2022
quotequote all
On many threads, people are sometimes advised to ignore the PCN, depending on if its private land, the company attempting the charge, etc. I have no experience of this myself but some digging through the threads here may help. smile

Mikebentley

Original Poster:

8,289 posts

163 months

Friday 21st October 2022
quotequote all
Yep I know that a Parking Charge Notice is not a Penalty C N and as such they can only ultimately threaten me with a CCJ and debt collectors not Court Certified Enforcement Agents. I know I can tell debt collectors to sling their hook, they have no powers. I also know by fighting or ignoring if it goes to small claims I could be looking at significantly more.

2 GKC

2,256 posts

128 months

Friday 21st October 2022
quotequote all
Are you really surprised you got a ticket? I’d just pay it.

Mikebentley

Original Poster:

8,289 posts

163 months

Friday 21st October 2022
quotequote all
It’s because when I parked initially some twit parked in the adjacent space despite others being empty away from me. My daughter sits behind the driver. It was to give them and us the ability to open the doors wide enough. Hindsight I should have just moved again.

Riley Blue

22,929 posts

249 months

Friday 21st October 2022
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anonymous said:
[redacted]
Was wondering the same, I'd have thought that made it more difficult to step down from.

Mikebentley

Original Poster:

8,289 posts

163 months

Friday 21st October 2022
quotequote all
2 GKC said:
Are you really surprised you got a ticket? I’d just pay it.
Not hugely it just smites as I am generally really considerate how I park. I can’t see how my choice to put the wheels up is really a major issue where I was.

Mikebentley

Original Poster:

8,289 posts

163 months

Friday 21st October 2022
quotequote all
Riley Blue said:
anonymous said:
[redacted]
Was wondering the same, I'd have thought that made it more difficult to step down from.
Not at all, I have fitted side steps for her and used access height. I have also taught her how to use the grab handles. I still always hold and open the door for her too.

My question was though does the definition of the markings of the bay refer to and include kerbs?

swisstoni

22,426 posts

302 months

Friday 21st October 2022
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If you are determined to fight this I’d spend some time on the Pepipoo site.
Masses of stuff about how to deal with this.

I just had a quick look and the advice seems to be to ignore all communications.

But I only had a very quick look and I may have got the wrong end of the stick …

Mikebentley

Original Poster:

8,289 posts

163 months

Friday 21st October 2022
quotequote all
Thanks Swiss, I couldn’t remember the name of them.

djc206

13,409 posts

148 months

Friday 21st October 2022
quotequote all
If a kerb is enough to mark the boundary of a highway I would have thought it would suffice for a parking space but in this instance it’s seems a bit stty of them. Can the shop manager help you out?

Draxindustries1

1,657 posts

46 months

Friday 21st October 2022
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It's out of a marked space, not worth fighting this one for £30...

Mikebentley

Original Poster:

8,289 posts

163 months

Friday 21st October 2022
quotequote all
djc206 said:
If a kerb is enough to mark the boundary of a highway I would have thought it would suffice for a parking space but in this instance it’s seems a bit stty of them. Can the shop manager help you out?
Wasn’t interested as they share car park with other shops.

Mikebentley

Original Poster:

8,289 posts

163 months

Friday 21st October 2022
quotequote all
Draxindustries1 said:
It's out of a marked space, not worth fighting this one for £30...
It is £100 reduced to £60 if I pay it today. The law was supposed to change and bring it in line with Penalty Charge Notices this year but the Gubberment stopped it happening. Apparently 20000 are issued every day!

djc206

13,409 posts

148 months

Friday 21st October 2022
quotequote all
Mikebentley said:
djc206 said:
If a kerb is enough to mark the boundary of a highway I would have thought it would suffice for a parking space but in this instance it’s seems a bit stty of them. Can the shop manager help you out?
Wasn’t interested as they share car park with other shops.
That’s a shame. I suppose there’s no appealing to the better nature of these parking sharks as they clearly don’t have one. I’d be inclined to fight or ignore in this instance.

Mikebentley

Original Poster:

8,289 posts

163 months

Friday 21st October 2022
quotequote all
Thanks for the answers. I really did quite fancy telling them to shove it up their arses. I know the laws surrounding enforcement of debts as it’s what I am involved in daily. The reality is though that the picture I was happy to post looks like a prat parked slovenly and unfortunately that’s what an adjudicator would see.

£60 isn’t going to make a difference to me but it’s not worth my time and effort to argue my corner having just looked into it. The risk is it rising to over £200 + costs.


I was genuinely interested in what defines “markings in relationship to a marked bay or space” though as thought I might easily shove it to them.

Canon_Fodder

1,775 posts

86 months

Friday 21st October 2022
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OP this is one where an all-out assault on Smyths social media accounts will pay dividends...

"cue music".

Man and DS daughters go to their favourite toy shop to treat his DS daughter - BUT - gets treatedly shamefully by a heartless parking warden...

"cue righteous outrage"

Full refund / apology / free toys / etc within 24 hours

Mikebentley

Original Poster:

8,289 posts

163 months

Friday 21st October 2022
quotequote all
Cannon Fodder not my style.
The likely next step will be man goes into Smyths spends £3k on lots of toys circa £1.99 each gets staff to ring it all up.

Then man turns round and says he has changed his mind explains why to store manager and walks out.

As it happens my daughter who is 17 was buying her brother some Lego for his birthday the next day.