Parking Charge Notice - overstay past midnight

Parking Charge Notice - overstay past midnight

Author
Discussion

tannhauser

Original Poster:

1,773 posts

216 months

Saturday 26th May 2018
quotequote all
Posting on behalf of a friend, who overstayed his welcome in a car park - he'd paid up til midnight but left around 40 mins later. Sure enough he has received a charge notice. What's the latest state of play with these? As I understand things are different since Beavis vs. Parking Eye. Any grounds for appeal? Or offering part payment? Ticket was issued by Smart Parking. Had a look on Pepipoo - there's nothing immediately obvious that stands out that is similar to this, plus their rather condescending tone can be rather off-putting. TIA!

PurpleMoonlight

22,362 posts

158 months

Saturday 26th May 2018
quotequote all
How much is the charge?

tannhauser

Original Poster:

1,773 posts

216 months

Saturday 26th May 2018
quotequote all
£60 or £100 if not paid in 14 days.

PurpleMoonlight

22,362 posts

158 months

Saturday 26th May 2018
quotequote all
Beavis doesn't apply here, that was a free car park this is a pay car park.

If the rules to make the registered keeper liable have been complied with, then the operator can recover the additional parking charge plus the cost to do so.

£60 isn't unreasonable to me but many will disagree.

tannhauser

Original Poster:

1,773 posts

216 months

Saturday 26th May 2018
quotequote all
Oh. Possibly not looking good then. Thanks for the input - anyone else able to offer their views or experience?

silverfoxcc

7,692 posts

146 months

Saturday 26th May 2018
quotequote all
Pepipoo get off handed when it is plaiin they are dealing with people who dont want to follow their advice and think they know better. These guys are doing this in their own time.
Go Back start a thread and see what happens. 60.00 in your pocket is better than 60 in the PPC, and by paying you are keeping them in business.

All i will say about pepipoo is that they do not hold your hand, they will critique letters etc, but wont write them or do all the leg work. That is up to you


tannhauser

Original Poster:

1,773 posts

216 months

Saturday 26th May 2018
quotequote all
silverfoxcc said:
Pepipoo get off handed when it is plaiin they are dealing with people who dont want to follow their advice and think they know better. These guys are doing this in their own time.
Go Back start a thread and see what happens. 60.00 in your pocket is better than 60 in the PPC, and by paying you are keeping them in business.

All i will say about pepipoo is that they do not hold your hand, they will critique letters etc, but wont write them or do all the leg work. That is up to you
Yep, understand that. They're quick to bite peoples' heads off though. Have opened a new post there.

Is there anyone else who can give any assistance here please?

Helicopter123

8,831 posts

157 months

Saturday 26th May 2018
quotequote all
tannhauser said:
Posting on behalf of a friend, who overstayed his welcome in a car park - he'd paid up til midnight but left around 40 mins later. Sure enough he has received a charge notice. What's the latest state of play with these? As I understand things are different since Beavis vs. Parking Eye. Any grounds for appeal? Or offering part payment? Ticket was issued by Smart Parking. Had a look on Pepipoo - there's nothing immediately obvious that stands out that is similar to this, plus their rather condescending tone can be rather off-putting. TIA!
So, guilty as charged? Were the signs displayed correctly? If so, pay the £60 I'm afraid.

Edited by Helicopter123 on Sunday 27th May 10:12

anonymous-user

55 months

Monday 28th May 2018
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People seem more scared nowadays but despite the advise posted on many an internet forum, despite the Beavis court case, and despite official advise saying you must appeal, I find the easiest way to deal with these bullying letters is to simply file them in the log burner.

Saved me quite a bit of money over the last few years and has provided a pleasant and warming glow to my house in the process. Still no court summons in sight yet.

PurpleMoonlight

22,362 posts

158 months

Monday 28th May 2018
quotequote all
Advice.

You are part of the problem.

anonymous-user

55 months

Monday 28th May 2018
quotequote all
PurpleMoonlight said:
Advice.

You are part of the problem.
What problem??

anonymous-user

55 months

Monday 28th May 2018
quotequote all
silverfoxcc said:
and by paying you are keeping them in business.
So you are happy for car parks to close down and be used for other purposes if they do not fulfil their primary purpose.
Where do you suggest people park then?

bad company

18,675 posts

267 months

Monday 28th May 2018
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Assuming it’s a private car park I would offer to pay whatever the charge should have been for the 40 minutes parked. No more than that.

Helicopter123

8,831 posts

157 months

Monday 28th May 2018
quotequote all
bad company said:
Assuming it’s a private car park I would offer to pay whatever the charge should have been for the 40 minutes parked. No more than that.
What about the costs of admin for having to chase up the 40 minutes?

c. £60 it would appear.

tannhauser

Original Poster:

1,773 posts

216 months

Monday 28th May 2018
quotequote all
Helicopter123 said:
bad company said:
Assuming it’s a private car park I would offer to pay whatever the charge should have been for the 40 minutes parked. No more than that.
What about the costs of admin for having to chase up the 40 minutes?

c. £60 it would appear.
Well that's pretty fking ridiculous when local authorites in my area charge only about £25! How much does 5 mins of admin cost?!

tannhauser

Original Poster:

1,773 posts

216 months

Monday 28th May 2018
quotequote all
Andy20vt said:
PurpleMoonlight said:
Advice.

You are part of the problem.
What problem??
Typical stty response above. It wasn't even me who's got the ticket!!

tigger1

8,402 posts

222 months

Monday 28th May 2018
quotequote all
tannhauser said:
Andy20vt said:
PurpleMoonlight said:
Advice.

You are part of the problem.
What problem??
Typical stty response above. It wasn't even me who's got the ticket!!
It was the stty misuse of a verb rather than a noun that purplemoonlight was referring to wink

Helicopter123

8,831 posts

157 months

Monday 28th May 2018
quotequote all
tannhauser said:
Helicopter123 said:
bad company said:
Assuming it’s a private car park I would offer to pay whatever the charge should have been for the 40 minutes parked. No more than that.
What about the costs of admin for having to chase up the 40 minutes?

c. £60 it would appear.
Well that's pretty fking ridiculous when local authorites in my area charge only about £25! How much does 5 mins of admin cost?!
My understanding is the Courts have decided £60 - £100 is reasonable.

silverfoxcc

7,692 posts

146 months

Monday 28th May 2018
quotequote all
Beavis ruling does not apply to every case

TanH.Seen your post on pepipoo

It could well be that if the ticket is worded they cannot chase the RK only the driver


If a BOGOFF letter is sent to the PPC be bloody certain that the driver is not named

IIIRC you have . to say something along the lines of as they cannot hold the RK liable, they are to pursue this with the driver and as i am not legally obliged to do so the details of the driver will not be forthcoming.


Whatever your mate does do not change the wording of the bogoff letter unless the chaps advise it to suit the particular case

spikyone

1,474 posts

101 months

Monday 28th May 2018
quotequote all
Helicopter123 said:
tannhauser said:
Helicopter123 said:
bad company said:
Assuming it’s a private car park I would offer to pay whatever the charge should have been for the 40 minutes parked. No more than that.
What about the costs of admin for having to chase up the 40 minutes?

c. £60 it would appear.
Well that's pretty fking ridiculous when local authorites in my area charge only about £25! How much does 5 mins of admin cost?!
My understanding is the Courts have decided £60 - £100 is reasonable.
I believe you're incorrect. I'm a bit tired and might have had a beer or 3, but IIRC they decided it was acceptable in the Beavis case on the basis of similar levels of penalty being used by the local authority to dissuade overstays etc. It wasn't carte blanche to charge that amount in all cases.
So if the local authorities only charge £25 then a £60 charge may not be considered reasonable, and may still be illegal. I'd look into that further and add it as an appeal point, alongside the usual lack of keeper liability (if POFA was not complied with), lack of landowner authority, challenging on the validity of ANPR, etc.

IANAL, YMMV, and all that.