Trade City SE26 4PR (Bell Green)
Trade City SE26 4PR (Bell Green)
Hi not sure if this is the correct place to post. I have received a parking charge notice for £100 from Parking Awareness for overstaying by 5 minutes outside a shop I shopped in. The ticket was issued due to my car being observed by a camera entering and leaving Trade City. I thought Bell Green and Trade City were all part of the same site - Bell Green allows 4 hours and Trade City allows 20 minutes. Can you please tell me if this PCN is enforceable? Thank you.
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JGD
- Posts: 1243
- Joined: 5 Feb 2018 11:39
- Location: Perry Hill, SE6 (free-transferred to Perry Vale Ward, next to Bell Green; distinct from Sydenham).
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Re: Trade City SE26 4PR (Bell Green)
There are many helpful sources about parking charge notices that are issued by private land owners and there is a significant difference from local authority-issued Penalty Charge Notices - or parking tickets. Note the emphasis.
https://www.nationaldebtline.org/fact-s ... otices-ew/
https://www.rac.co.uk/drive/advice/lega ... e-notices/
It is not commonly understood that by parking in a private car park space, the operator would have it that you are effectively signing up to a contract between you – the person to whom a vehicle is registered in the DVLA database – and the operator.
The operator interprets this as you agreeing to their terms and conditions upon entry, perhaps without you knowing.
Thereafter a parking charge notice might be considered to be an invoice from the operator and you have an opportunity to decline to pay it outright or enter into a process where you dispute the parking charge notice.
If you elect not to pay or dispute the parking charge, the car park operator may pursue you as a civil matter to recover the charge - remember it is an invoice. It should be remembered that these operators are in the business of making money and are well-practiced in how to pursue you. You will need to be resilient if you challenge them and there is no 100% guarantee of success.
https://www.nationaldebtline.org/fact-s ... otices-ew/
https://www.rac.co.uk/drive/advice/lega ... e-notices/
It is not commonly understood that by parking in a private car park space, the operator would have it that you are effectively signing up to a contract between you – the person to whom a vehicle is registered in the DVLA database – and the operator.
The operator interprets this as you agreeing to their terms and conditions upon entry, perhaps without you knowing.
Thereafter a parking charge notice might be considered to be an invoice from the operator and you have an opportunity to decline to pay it outright or enter into a process where you dispute the parking charge notice.
20 minutes seems an incredibly "tight" permitted period for parking. The time you spend in the trade outlet could be longer than that for many reasons including queuing time and availability and capability of retail staff to complete your transaction. Does the car park operator have a contract with Trade Outlet that actually specifies there is a 20 minute period to exit the car park after completion of your business with Trade Outlet as opposed to a 20 minute period in total? Ensure you keep your timed receipts.If you do not agree that you owe the parking charge, write to the parking operator and explain the reason why. This is sometimes called ‘making a representation’. There are several reasons for disputing a parking charge. These could include the following.
The parking operator who sent the charge was not responsible for looking after the land you parked on.The parking charge notice should give you the address to write to. Make sure that you send any evidence you have to support your case, such as the crime reference number if the vehicle was stolen. Keep a copy of your letter and send it by Signed For delivery (sometimes called ‘recorded delivery’) if possible.
- You followed the parking rules.
You bought a ticket and displayed it correctly.
The signs were unclear or unreadable.
You were not the registered keeper of the vehicle when the parking charge was issued.
The vehicle broke down.
The payment machines were out of order.
There were compassionate reasons, for example, you were ill at the time or someone close to you has recently died.
However, private parking companies are known to issue Parking Charge Notices even if you are just a few minutes late. Unlike with local authority parking in England, a statutory 10 minute grace period is not mandatory.10 minute grace period
Parking operators who are members of an accredited trade association, such as the British Parking Association (BPA) or International Parking Community (IPC), should give you a 10 minute grace period before issuing a parking charge notice. This is to allow you a reasonable period after your parking time has finished to leave the car park. If you weren’t given this grace period, you may be able to challenge the charge.
If you elect not to pay or dispute the parking charge, the car park operator may pursue you as a civil matter to recover the charge - remember it is an invoice. It should be remembered that these operators are in the business of making money and are well-practiced in how to pursue you. You will need to be resilient if you challenge them and there is no 100% guarantee of success.
If you have not paid in full, successfully made representation or successfully appealed against the parking charge notice, the parking operator may do the following.
If you receive any claim forms, contact us [National Debtline] for advice straightaway. This is because you only have a limited time to respond to the forms. If you:
- Continue to ask you to pay.
Pass the debt to a debt collection agency to collect. Debt collectors are not bailiffs and are not able to take your goods.
Add reasonable costs to cover the debt recovery.
Decide to take court action in the County Court. This type of court action is civil, not criminal. The court is not there to judge anyone innocent or guilty.
agree that you owe the debt, you can use the court forms to make a monthly repayment offer; or
don’t agree that you owe the debt, you can use the court forms to put in a defence. This can be complicated and extra costs can be added if you lose any defence.
If the parking operator gets a county court judgment, it will usually be recorded on your credit reference file for six years. Your income and assets could also be at risk.