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  1. #1
    Senior Member firebird's Avatar
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    Don't you just love hospital parking!

    Came out of the hospital this afternoon, in torrential rain, demisted the windows and turned on the wipers, thought nothing of the "thing" under my wipers. pullled out of the parking bay and realised I needed to get this "thing" off my windscreen. So I pulled up and took this yellow envelope back into the car. A parking ticket for not parking appropriately within the parking bay.

    I was visiting my husband, who was admitted on Saturday morning at 2.00am, and i arrived at the car park to find all disabled bays taken and only 3 ordinary bays left. There was more parking but it was even further away and I wouldn't have been able to walk that far. I parked on the edge of the car park in a line of 3 bays, the car in front was parked close to the back of the bay and I made sure I was parked within the width of the bay and as far forward as I could but to make sure that I could manoeuvre out when I returned.

    When I did return the car in front had changed, was much smaller and parked to the front of the bay. There was a much larger distance between my car and the one in front than the previous car. The car parked behind was completely within the lines for the bay.

    Being a meany I am not inclined to pay any "fine" especially since there was no monetary loss incurred to the parking company. I will take a photograph of the extra large notice board when I go the hospital again tomorrow. Suffice to say I do not agree with terms and conditions!

  2. #2
    Senior Member acheron's Avatar
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    Hi Firebird goodluck fighting your corner and hope your hubby is doing o.k xx

  3. #3
    Senior Member firebird's Avatar
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    Thank you, I am checking the internet for answers!

  4. #4
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    Financial loss isn't actually important, nor is what you have a fine.


    The private parking companies call what you have a Parking Charge Notice. In a legal sense, it's a demand to pay liquidated damages for breach of contract. What, in essence, is going on is that the parking company says that by parking you agreed to the posted terms, and those terms specified a sum, known as liquidated damages, that you agreed to pay if you broke those terms.

    Whether what you have is in any way enforceable against you depends on points of case law and legislation. If I had the time and energy, I'd get into a discussion of some of them, but it's better if I refer you on to PePiPoo. I take no responsibility for any advice you receive there, but they are mostly a pretty sound bunch.


    The key things you need to establish are the identity of the parking company involved, as some are more of a pain than others, and decide how much hassle you're prepared to take. It's also of relevance whether you own the car or whether you lease it (including Motability). In some cases, lease companies pay parking charges and invoice the user of the car for those charges plus an administration fee.

    If you want to engage with the PePiPoo folk, you need to photograph the signs and note their locations in relation to where you entered the car park.


    I hope your husband feels better soon.

  5. #5
    Senior Member firebird's Avatar
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    Thank you Flymo, hope you are feeling better today. I will check the link you have given.

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    Sorry, but you parked in the wrong place

  7. #7
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    Quote Originally Posted by Richard View Post
    Sorry, but you parked in the wrong place
    I agree Richard.

    Anyway firebird hope your husband gets better soon.

  8. #8
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    Quote Originally Posted by rich-ward View Post
    I agree Richard.
    Genuinely, I'm not clear how you or Richard are coming to the conclusion firebird parked in the wrong place.


    There is a scenario that parking with a Blue Badge is free in designated bays only, she parked in a standard bay displaying her Badge and did not pay, but that involves making two assumptions (parking free in designated bays only, no payment made) and doesn't appear to square with the "no financial loss" part of her explanation. As it is, all we can be certain on is "not parking appropriately", whatever that is supposed to mean!

  9. #9
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    Quote Originally Posted by Flymo View Post
    Genuinely, I'm not clear how you or Richard are coming to the conclusion firebird parked in the wrong place.


    There is a scenario that parking with a Blue Badge is free in designated bays only, she parked in a standard bay displaying her Badge and did not pay, but that involves making two assumptions (parking free in designated bays only, no payment made) and doesn't appear to square with the "no financial loss" part of her explanation. As it is, all we can be certain on is "not parking appropriately", whatever that is supposed to mean!
    I think Richard and I are just doing the same as you - reading firebird's post and drawing a conclusion from what she posted. It just happens to be a different conclusion from the one you've drawn.

  10. #10
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    Quote Originally Posted by rich-ward View Post
    I think Richard and I are just doing the same as you - reading firebird's post and drawing a conclusion from what she posted. It just happens to be a different conclusion from the one you've drawn.
    I'm far too tired and ill to get into games about the assumptions that others are or are not making. I would simply question whether it is appropriate to condemn other people's behaviour if we are not willing to state the assumptions upon which that condemnation is based.


    The key thing from a legal perspective is likely to be that the PCN (apparently) says "not parking appropriately within a parking bay". If the PCN is genuinely founded on a contractual term requiring appropriate parking, that term is likely to fall to the Unfair Terms in Consumer Contract Regulations 1999.

    The moral position is fairly irrelevant from a legal perspective, though, if it matters, my personal belief is that everyone should pay according to the tariffs posted so long as they had the opportunity to do so (so the machine was working and was accessible to them).

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