Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Hashim on October 25, 2023, 10:16:44 am
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What about going down the route of driver unknown...
Presumably you mean choosing not to name the driver (as it seems unlikely you don't know who was driving). This is unlikely to work... From the looks of the notice they have complied with Schedule 4 of the Protection of Freedoms Act 2012, so they can hold you liable for the charge as the Registered Keeper.
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What about going down the route of driver unknown...I have attached the signage..
Thanks
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From what you have posted so far I'm struggling to find any obvious routes of challenge that would provide a decent chance of success.
Motorists must be allowed a 'consideration period' to consider the terms and conditions on offer and either decide to accept them and park, or to decline them and leave. Whilst the BPA specifies a minimum period of 5 minutes, the IPC, of which Excel are a member, do not specify, simply saying it must be 'sufficient'. Not only was the drivers stay a lot longer than 5 minutes, by your account of the situation they didn't use the time to consider the terms, instead taking a phone call.
With this in mind, it may be worth considering paying the discounted amount. There's no harm in speaking to Iceland to see if they'll help, but if the driver was not a customer they're probably unlikely to.
Just to check there aren't any other options, do you have and photos of the signage?
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Hello members.
The driver entered the car park and parked in the disabled bay where they received a phone call which they took. After completing the call they went to get a ticket only to find that the machine only coin payment which the driver didnt have and then they saw the terms and conditions and it stated that the driver of a vehicle has 10 minutes to purchase a ticket upon entering the car park. The driver did not have any change and there was no concession made for disabled drivers and so subsequently left . Then the following charge notice was received.
Thanks
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