Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: BlackMammoth on May 27, 2024, 03:05:37 pm
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It would depend on what is being loaded or unloaded. If it was just picking up a package or something similar, then I agree. However, if it is something complex and heavy or a large quantity of items, there is justification.
If it was a vicissitude, such as having to change a tyre, that can easily take more than 15 minutes.
What was being loaded or unloaded? Why did it take longer than 15 minutes?
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As paying for a stay over 15 mins doesn't interfere with loading and unloading I's suggest that Jopson isn't the utopia here it would be for a location of parking notice (as in Jopson).
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Thx for you reply.
ChatGPt is not helpfull in this case.
We dont have any picture of sign inside, but the boat house replied this: "Our club has no involvement in the running of the car park and is merely a user of it. The car park is owned by our landlord and is managed on their behalf.
All the notices in the car park state that vehicles must pay if they are in the car park for more than 15 minutes. This is also explained in the parking section of Chiswick Regatta's website, at https://www.chiswickregatta.uk/#parking. If you think that your car was in the car park for less than 15 minutes, I suggest you contact the car park managers. Their email address is enquiries@qhmsgc.co.uk."
So we assume their grace period is 15 minutes and whatever is over must be paid. Not sure if wording would be "charge parking" over 15 minutes or if it matters at all.
Another thing to meantioned that the only way to appeal is via website and it must be ticked if the kepper was a driver at that point. It doesnt look like there is post address or email to make an appeal.
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Forget all the waffle about "representation", "zones" and "penalty charges". Those are probably used for a Council issued Penalty Notice.
What has been received is a speculative invoice from an unregulated private parking company for an alleged breach of contract. As you correctly state, loading and unloading is not parking and is a good defence should this ever get to court. Jopson v Homeguard [2016] B9GF0A9E (https://www.dropbox.com/scl/fi/ayt0unruylk8yc96qs1ku/JOPSON-V-HOMEGUARD-2906J-Approved.pdf?rlkey=s3bbv5ajumsw6m54zoj16sbom&st=cplvea7g&dl=0) para 20 applies.
Whilst the NtK is basically PoFA compliant, you should still appeal only as the keeper, not the driver. So, no "...I drove or parked". The royal "we" should be used and things like "...the driver parked" The reason for that is because even though the NtK is PoFA compliant, if this ever gets to a claim, they will breach PoFA 4(5) by claiming for more than the NtK states which leaves open the option for requesting the claim be struck out for abuse of process as they are not allowed to claim from the keeper more than the £100 on the PCN.
Using ChatGPT is a disaster. The language it uses is not only bad but makes it obvious that you have little comprehension of what it is actually saying. For example: "relevant regulations governing the [Location of Alleged Contravention] zone" is just terrible.
You could just say that "there is nothing in the contractual terms that does not allow loading and unloading".
They will not "review" available evidence. They have an ANPR photo of the VRM entering and exiting the car park. They allege that the car was on site longer than whatever consideration and grace periods they allow. Are those periods shown in the terms?
I'd suggest you ditch ChatGPT and try and word it better. The structure is fine but the content is a bit too obviously AI (not).
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Hi There,
Driver got a ticket from Civil Enforcement via post for not paying a parking at Car Park at Quintin Hogg Boat House, Chiswick, London, England, W4 3TL.
The have cameras on entry which take picture of entry and leaving the car park. Parking was very busy as it was rowing races from which passenger was picked up. Driver didn't plan on parking so stayed in the car while passenger has came and was helped to get all stuff loaded into the car.
It took longer then 15 minutes, which apparently, after reading other forums, is the time limit at this privately regulated parking place, which doesn't make sense, how would they make sure someone is not loading or broken down.
While writing representation with a little help of chat gpt and was going to ask experts here if this weighty enough to cancel the ticket. Email has been sent to boat house to ask if they have any control over it, no reply yet.
Here is a draft letter. Please advise.
Thx a lot
PS. On entry to private land place there is a sign: See car park sign for terms and condition.
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Dear Sir/Madam,
Here is a writing to formally contest the penalty charge notice (PCN) issued against my vehicle, registration number [Vehicle Registration Number], for an alleged contravention on [Date of Alleged Contravention] in the [Location of Alleged Contravention] zone. It is asserted that no contravention occurred for the following reasons:
1. **Purpose of Entry and Duration of Stay**:
On the date in question, the vehicle entered the [Location of Alleged Contravention] zone solely for the purpose of loading and unloading goods. The vehicle was not parked or left unattended at any point during this process. Upon completing the loading/unloading activity, the vehicle promptly exited the zone.
2. **Compliance with Regulations**:
It is understanding that the relevant regulations governing the [Location of Alleged Contravention] zone permit vehicles to enter for the purpose of loading, unloading, and collection, provided that the vehicle is not left unattended and does not engage in parking. Driver vehicle complied with these conditions fully. No terms or conditions were breached, as there is no prohibition against the described activities within the specified zone.
3. **Lack of Evidentiary Basis**:
The issuance of the PCN appears to be based on a misunderstanding of the nature of my vehicle's presence in the zone. Given that the vehicle was not parked and was engaged in permissible activities, there is no legal basis for the contravention claim. I request that you review any available evidence, such as surveillance footage, which will corroborate my account of the events.
In light of the above points, respectfully request that the penalty charge notice be revoked.
Thank you for your attention to this matter. We look forward to your prompt and favorable response.
Yours faithfully,
[Your Name]
[Vehicle Registration Number]
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