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Ash
Ash, Solicitor
Category: Traffic Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I received a 'parking ticket' staying at Macdonalds

Resolved Question:

Hi,
I received a 'parking ticket' for over staying at Macdonalds in Heathrow. There various bit of advice on the net mostly indicating that I don't actually have to pay this. Not sure whether to just ignore it or take some action. Whats your advice? I include a copy.
Submitted: 9 months ago.
Category: Traffic Law
Expert:  Ash replied 9 months ago.

Hello my name is ***** ***** I will help you.

Do you accept you exceeded the 1 hour time limit?

Customer: replied 9 months ago.
but I had no idea such a limit was in force. I didn't see any sign.
Expert:  Ash replied 9 months ago.

You can appeal the decision if there was no signage. If that appeal fails and they are a member of a parking regulator (such as British Parking Association) you can complain to them.

But the tickets are valid, there was a recent court case about this, so if you dont pay they will come after you and fees will go up.

Can I clarify anything for you about this today please?
Alex

Customer: replied 9 months ago.
I read on the net that only 2% of these ever get take to court, is that not the case?
Expert:  Ash replied 9 months ago.

Not now the case of ParkingEye Limited (Respondent) v Beavis (Appellant) changed all this.

Please see:

https://www.supremecourt.uk/cases/uksc-2015-0116.html

Does that clarify? Alex

Customer: replied 9 months ago.
this wont work?
dear Sirs,I, as registered keeper, wish to invoke your appeals procedure. The driver was a customer of McDonalds and did not see the signage. In any event the charges are penal and not a genuine pre estimate of loss as well as being an amount larger than permitted under the BPA code of practice to which you subscribe.I will not name the driver as i am under no statutory obligation to do so.Please accept my apeal or supply a popla code.Yours etcEdit http://www.legalbeagles.info/forums/...-Appeal-Letter to suit for a popla appeal.It does work http://www.legalbeagles.info/forums/...pany-victories Yes that hasn't been updated for a while but it'd just be more of the same
Expert:  Ash replied 9 months ago.

Yes, you are seeking to appeal. I said that above you should appeal the ticket and then take it to their professional body.

Does that clarify? Alex

Customer: replied 9 months ago.
You said I could appeal if there was no signage. I'm assuming there is signage but I did not see it. Is that a defence?
Expert:  Ash replied 9 months ago.

It needs to be signed as per their regulator rules. If it is and you didnt see it, you are stuck - because everyone could just say they didnt see it.

Alex

Customer: replied 9 months ago.
I'm unclear as to what your actual advice is here. I really did not see the signage, Assuming it WAS in place can you let me know if they are likely to pursue me further if I appeal to POPLA?
Expert:  Ash replied 9 months ago.

If you appeal and that appeal is unsuccessful then yes, because of the Parking Eye decision they will pursue you.

But you should appeal to the fullest extent you can.

But as the owner you are liable under the Protection of Freedoms Act 2012

Does that clarify?
Alex

Customer: replied 9 months ago.
OK Thanks, ***** ***** in the appeal
Expert:  Ash replied 9 months ago.

I would, you have nothing to lose at all. Sadly the Parking Eye decision has changed everything.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Customer: replied 9 months ago.
will give you a good rating Thx . Lastly:Do you recommend the letter above as suitable? This is the text ...I, as registered keeper, wish to invoke your appeals procedure. The driver was a customer of McDonalds and did not see the signage. In any event the charges are penal and not a genuine pre estimate of loss as well as being an amount larger than permitted under the BPA code of practice to which you subscribe.I will not name the driver as i am under no statutory obligation to do so.Please accept my apeal or supply a popla code.Yours etc
Expert:  Ash replied 9 months ago.

Yes that is fine. I would not say you didn't see the signage though, just say it was inadequate for it to be reasonably brought to your attention.

Does that clarify?

Alex

Ash, Solicitor
Category: Traffic Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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