Author Topic: Overstay @Sainsburys in Barkingside - Euro Car Parks  (Read 240 times)

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Overstay @Sainsburys in Barkingside - Euro Car Parks
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Hi

My friend's parents parked and broke down @ the the local Sainsbury's carpark. They called the AA to get the car back up and running - & have proof via email from them.

Any advice on the next steps would be much appreciated

 >:(
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Re: Overstay @Sainsburys in Barkingside - Euro Car Parks
« Reply #1 on: »
Could you show the back please?

Do you know what the maximum stay period is?

Re: Overstay @Sainsburys in Barkingside - Euro Car Parks
« Reply #2 on: »
So the max stay period was 2 hours & the back of the page is below...


0494cdd4-4b49-4877-acf9-a5b6cbfbc1eb by Zee Aze, on Flickr

Re: Overstay @Sainsburys in Barkingside - Euro Car Parks
« Reply #3 on: »
As long as you have the proof of the breakdown, then this could come under a frustration of contract and you could not leave.

Re: Overstay @Sainsburys in Barkingside - Euro Car Parks
« Reply #4 on: »
It is only 1 minute over the allowed time.

10 mins grace is allowed at the end of each parking event.

Furthermore, the NtK is not PoFA compliant and therefore keeper liability cannot occur.

Re: Overstay @Sainsburys in Barkingside - Euro Car Parks
« Reply #5 on: »
Thank you

So shall I appeal in, mentioning these points?

Re: Overstay @Sainsburys in Barkingside - Euro Car Parks
« Reply #6 on: »
At risk of sounding like a pedant, the overstay was 11 minutes, not 1 minute. The grace period is not part of the "allowed time" as such, but rather exactly as it says, a grace period to allow for things like leaving the car park etc.

The argument from ECP (which to play devil's advocate isn't entirely without merit) will be that enforcement has to start somewhere. Arguing de minimis might be hard.

If it were me, for the initial appeal I'd avoid muddying the waters with PoFA or de minimis be focusing on the fact that the reason the vehicle overstayed was due to a breakdown. The driver was prevented from complying with the terms due to circumstances outside of both parties control. This would seem to be a clear case of frustration of contract.

If you haven't already, also approach the supermarket to see if they'll intervene.
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