Thanks.
I suggest you read your agreement again because your quoted conditions are pretty standard but not the ones which deal with additional charges.
...and
In retrospect it may just be for customers, my cousin only moved there in 2024 so he maynot even know himself. He assumed it was free.
Sounds a little warning bell...does your cousin have a car and if so do they use this car park and did they remember to change their V5C address with DVLA when they moved? I'd hate to think that they have a pile of unanswered PCNs etc. on a mat where they lived!
I suggest you talk to your cousin. If this car park accommodates drivers other than simply Morrisons, whose opening hours are exactly the same as those on the board, then ask them how. If it doesn't, then it's not intended for visitors, it's for customers.
Also, if you have the time I suggest that you read this(skip the debate about penalties and the second case and just read Beavis) and then think whether CRA provides a defence. Their Lordships didn't think so. Para. 107 has clear parallels with your situation and the test of 'fairness' was met because there must clearly be requirement for PE (coincidentally the same company as in your case) to ensure that drivers do not overstay the 2-hour limit because it seems it's a shoppers' car park.Thanks for sharing, so the courts did rule in favor of ParkingEye, though in this case there is no mention of "Tariffs apply outside these hours" which clearly caused me all the confusion. I can only wonder if that would make any difference.
http://www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKSC/2015/67.html&query=(Beavis)
And something you've not mentioned is your lease company. It's pretty standard practice for these to charge hirers a fee for their handling costs i.e. challenging PCNs, are you sure they didn't here or wouldn't if they had to deal with others?They have told, they are happy to forward notices such as this for free as much as I understand. This is what they stated at the start of the lease (any admin fee etc would only be charged if they have to do more work than forwarding letters and sharing information.)
I am surprised a non-working Parking Machine isn't excuse enough. I mean seriously!The problem is, as has now been established, the signage indicates that during the times you were there, you are only allowed to stay for 2 hours - there is not an option to pay to extend your time beyond this, and if you exceed the maximum stay, you incur a parking charge of £100. Even if the parking machine had been working, you wouldn't have been able to pay anything, as parking was free at the time, but only for up to 2 hours.
I am surprised a non-working Parking Machine isn't excuse enough. I mean seriously!The problem is, as has now been established, the signage indicates that during the times you were there, you are only allowed to stay for 2 hours - there is not an option to pay to extend your time beyond this, and if you exceed the maximum stay, you incur a parking charge of £100. Even if the parking machine had been working, you wouldn't have been able to pay anything, as parking was free at the time, but only for up to 2 hours.
In which case the remaining argument (aside from any CRA ones as referred to by b789 above) would be that the signage wasn't clear - which I'm not sure is the strongest.
I think you'll find that option only applies "out of hours" ie after 10pmQuite right - my mistake, was looking at the wrong month in my calendar and thought it was a Sunday!
the OP was there before that and therefore could not use the overnight option
It's hard to advise on your chances really, courts aren't always predictable. I can't see any "slam dunk" defences - I think the main thing you would need to clarify is why no payment was made via the PayByPhone app. You mention that it was confusing, but from your opening post it seems like you found an option that would have allowed you to pay the tariff for one overnight stay:QuoteIt was asking £15.20
but from your opening post it seems like you found an option that would have allowed you to pay the tariff for one overnight stay:QuoteIt was asking £15.20
2nd more relevant question, based on the broken parking machine, confusing PayByPhone screenshot and signage and having paid £60 on one PCN, am I likely to win if this were perused further by ParkingEye? (I definitely expect they will send all possible automated letters at the very least)The fact you have paid a different PCN is of no relevance to this one. Two separate parking events = two separate contracts allegedly formed.
It was asking £15.20
I know these Operators mostly act as savages trying earns money of innocents but doesn't this keeper/driver anomaly, leave room for system-abuse, as in should one NEVER pay parking charges if they have some free time to challenge any PCNs which may come up?There is statute (Schedule 4 of the Protection of Freedoms Act 2012) that permits parking companies to hold keepers liable so
doesn't this keeper/driver anomaly, leave room for system-abuse, as in should one NEVER pay parking chargesIsn't true, as it's not NEVER.
So, OP identified themself to be the driver according to the POPLA assessor. No need to discuss PoFA as it is not in play. OP as known driver is liable.
Wasted golden ticket. OP now has to decide whether to fight this or cave in.
Out of interest, what did you receive from ParkingEye, did they describe it as a Notice to Hirer?
I suppose you are saying that in theory we can't 100% rule out that someone else temperoarily drove the car without my knowledge and put the car back in my parking spot.We're not saying that - you know who was driving, but ParkingEye don't, and you were under no obligation to tell them, and you can decline to tell them without having to lie. As a daft example to illustrate the point: I know my credit card number, but I can refuse to tell you what it is without lying.
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