Forums Forums Wirral Information Law And Your Rights Parking Charge Liscard

That puts a completely new complexion on the case.

Hi Quid_nunc,

You say that if they have photo evidence of the driver then we are banged to rights? This happened to us last week as we came back 15 minutes late to the car.
The APNR guy was already taking photos of the car and when we got in the car (should have driven off maybe) he put the ticket on the windscreen and then photo'd us sitting in the car. So should we pay?

Isn't the key issue here whether or not the landowner has given express permission to APNR in their mutual agreement (contract) to allow APNR to seek damages for specified purposes which has to include "trespassed in an area known to us..... Cherry Tree Wallasey" and or the other listed breaches on the ticket.
APNR state that they have breached the contract with the landowner because we passed our paid for time. Do we automatically enter into a contract with APNR when we park there? I haven't checked the signage yet. I guess we do?

Anyway I'm not planning to pay but we are away on holiday for 2 weeks from Friday...... so I'll miss the discount period...

they might have a picture of the driver but if they are not the registered keeper they are none the wiser who that person is. dont lie as it may end in court but dont tell them who was driving.
ultimately you appeal to POPLA and using very exact terms the pcn will be almost certainly thrown out.

The new Govt act still revolves around Contract Law. By parking and paying you are entering into an Implied Contract. Questionable that if you dont pay at all you may not be agreeing to contract as "consideration" has to be made. i.e i will let you park if you pay (consideration on both sides). If you dont pay at all you are not entering contract. You could also put a sign on your windscreen saying you will promise to pay next week.

Also certain people cannot legally enter into contract under 18, mentally incapable, if intoxicated. Intoxication one could be a good bet but i dont know if the police could retrospectfully do you on the basis of your own admission (i doubt they could).

I would of thought that by parking on the land, you are agreeing to the "contract", that you will pay to park there. If you dont pay you are breaking the contract.

Ive moved this topic from ask wikiwirral to Law n Order.

There are two similar topics one of which is sticky.

Have a look at this link, its a template a member has used click me

ANPR who operate the Cherry Tree parking control have this week been ejected from the British Parking Association membership due to failing to comply with the code of practice.
This means that they can no longer get keeper details of a vehicle from the DVLA.
In other words they can put a ticket on a car but that is as far as they can go. Just like a begging letter.

My interpretation is free parking in the Cherry Tree Centre.

http://britishparking.co.uk/News/bpa-terminates-membership-of-anpr-limited

Thank you Blueskier for all that you`ve done and all those that you`ve helped and for keeping us all updated.

Hi All

My father in law got a parking ticket the other day, he did pay and display put the ticket fell off his window, he has the tickets and sent off copies but they still want him to pay the £50 fine, he has spoken to the C.A.B and they have said pay the bill in case it goes to court he is an OAP and struggles as it is, it makes me mad, should he pay

Write to them and include a photocopy of the ticket. Say the ticket was displayed correctly at the time of parking but that because the adhesive on their ticket was substandard the ticket fell off. It's not your fault if their adhesive isn't fit for purpose. My wife did this and they waived the fine.

hi I have had three parking tickets of them over the past three years due to my daughter forgetting to display the tickets properly and despite there threats to increase the fine if not paid in time or send it to a collection agency I have not paid them a penny as they are not authorised to collect money from you fob them off

ps they wave a big stick to frighten you but they have no bite they are useless they will tell you that they will sell it on to a dept collection agency and have a guess what the dept collection agency is the same company ANPR they just disguise it with a different name

Someone had a total parking charge of £24.5k upheld by a court - never say never.

SOURCE

I've also noticed the tickets are no longer adhesive in Wallasey. The glue can't be substandard because there is none!

Got my first Parking Charge Notice courtesy of Parking Eye. Morrisons in Brecon. Pay £2 for maximum 2hr stay. The pay machines were not working (tried 3) and everyone else found the same so no one could get a ticket. Thinking it was therefore free parking ended up overstaying the 2 hrs. Got a PCN for exceeding the 2 hour stay (2 hours 45 mins). Interesting to see what they say about it. Hinges around if they are in breach of contract in not being able to accept my money and also provide me with a time to return.
They got me by ANPR timed in and out (not from when you buy ticket). There will be a lot of other people getting PCN