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UK Car Park Management - Vista Center, Unfair parking charge, how do I escalate it further?
doubleyellow33
post Fri, 24 May 2019 - 14:54
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Hi, I went to a car site to view a car that was on the premises of Vista Center.
I drove in, parked on their forecourt looked at the car and left, spoke to the dealer and left. I was there for 30 minutes. Nobody told me a word
that I need to pay anything (and why would they, I'm on the forecourt) and a few days later I received a parking ticket (photo evidence of my car entering and leaving the land through a gate)
with a £100 fine. I appealed that, lost, appealed to www.theias.org and lost again and now have to pay the full fine of £100.

What no-one is addressing is that I never parked in Vistas Centers parking bays. I actually had no Idea I was in a car park as I was on the hunt for a new car.
It's like an industrial estate. There are two car dealerships there, their forecourt is in grass (from memory) and you park near near their cars on mud type banks.
I can't quite remember but I even think the dealer trades from a portable trailer on there!
There is a car park with proper bays around the corner which I never used. But yeah, the main point - I was never parked in a bay
and 'thought' I was on the property of the car dealership. It's such a joke.

Can I take this further - I seem to be at a dead-end with the only option to pay it. Below is what they said ....


The adjudicator made their decision on xxx xxx xxx

It is important that the Appellant understands that the adjudicator is not in a position to give his legal advice. The adjudicator's role is to look at whether the parking charge has a basis in law and was properly issued in the circumstances of each particular case. The adjudicator's decision is not legally binding on the Appellant (it is intended to be a guide) and they are free to obtain independent legal advice if they so wish. However, the adjudicator is legally qualified (a barrister or solicitor) and decides the appeal according to their understanding of the law and legal principles.

The terms of this appeal are that I am only allowed to consider the charge being appealed and not the circumstances of other drivers or other parking events. The guidance to this appeal also makes it clear that I am bound by the law of contract and can only consider legal challenges not mistakes or extenuating circumstances. The Operator's signage, which was on display throughout the site, makes it clear that the terms and conditions are in force at all times and that a PCN will be issued to drivers who fail to comply with the terms and conditions, regardless of a driver's reasons for being on site or any mitigating factors. It is clear from the evidence provided to this appeal that the Appellant did indeed use the site otherwise than in accordance with the displayed terms. While noting the Appellant's comments, it is the driver's (rather than a third party's) responsibility to ensure that the terms and conditions of parking are properly complied with.

I am satisfied that the Operator has proven their prima facie case. Whilst having some sympathy with the Appellant's circumstances, once liability has been established, only the Operator has the discretion to vary or cancel the parking charge based on mitigating circumstances. Accordingly this appeal is dismissed.
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ben draynor
post Tue, 24 Aug 2021 - 12:59
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QUOTE (doubleyellow33 @ Mon, 27 May 2019 - 17:11) *
While you are there - today I parked on a single yellow line in the borough of Barnet thinking it was fine as residents bays and pay and displays are exempt on Bank Holidays in Barnet - and when I came back, I and a few other cars had tickets. After a google search, it appears single yellows are not exempt on Bank Holidays!!! There is only a sign saying --- no parking mon-fri 8am-10.30am --- Is that a fair cop and I just pay? I've not had a ticket in yers and now 2 in a month.


You'll need to post a separate thread on the council ticket forum to get advice on that one. As a general comment, you might be able to appeal the Barnet ticket if you can truthfully state you were "continuously loading" the vehicle (which involves going from your car to pick something up and then bringing it back in one or more round trips without stopping to do anything else) but will need to check whether this is permitted at the relevant location and how long the parking attendant's ticket says he watched your car for before issuing the ticket. It's also very helpful if you have evidence (receipts, photos of shopping etc).

This post has been edited by ben draynor: Tue, 24 Aug 2021 - 13:03
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post Tue, 24 Aug 2021 - 12:59
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DWMB2
post Tue, 24 Aug 2021 - 13:02
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For the Barnet council ticket, if you haven't already, start a new thread on the Council tickets forum on here - tackling those is a different game altogether from private parking tickets and you'll get much better advice from the regulars on that part of the forum.


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