Civil Enforcement PCN (breach of maximum stay) - should I pay?, Threads merged Options

[superstar.son]

Hi all,

All photographs are enclosed here: https://imgur.com/a/9OEog3u

The driver at the time (not myself), arrived late one night at a 24hr Starbucks in Manchester, near the Trafford Centre. Apparently, they did not realise that this car park had a 90min limit. I received a PCN today from Civil Enforcement Ltd asking for £100 (reduced to £60) for an alleged overstay of the limit by 15 minutes.

The PCN does not include any photographs of my car during the alleged time that it was there.

The driver says that they did not see the signage, as it was dark, and there were no signs near where they had parked. I have enclosed a photo of the spot where they parked the car that night, and I agree that there are no signs visible from there stating that there is a 90 minute limit. The one sign that you can see from there is a disabled only sign.

However, there are many other signs throughout the car park, most damningly at the entrance itself. I have included these photographs in the link. There was also a sign inside at the counter of the Starbucks, clearly stating that there was a 90 min max. stay, which the driver apparently seemed to miss as well.

Most infuriatingly is the fact that the driver was eligible for a parking permit issued by Starbucks which would have extended their maximum stay by another 90 minutes. However, they didn't realise that they needed to do this at the time. The permit is issued electronically, by a barista inputting the reg number into a computer to inform the ANPR system that the car's time limit is increased. I have returned to the shop, where the staff told me that they couldn't assist me as they had nothing to do with the parking, that the PCN is issued by CE Ltd., and it is to them that the charge is owed. I asked whether they could retroactively issue a parking permit, seeing as the driver had qualified for one at the time, and they said no.

I should also note, the manager of the franchise has offered to appeal to CEL on my behalf to cancel the charge, although he says that this is very unlikely to succeed. He says that the parking limitations have been in place for 7 months now, and that for the first few months they were able to successfully appeal to CEL for cancellations of parking charges, but that this is unlikely to work now. What do you make of this - is it a good idea to try?

I do not want to pay this charge. I'm not sure what best to do. Should I ignore this notice? Should I appeal (and lose the discounted fee)? Or should I just pay it?

Any advice would be gratefully received

(edit: I should also note, the manager of the franchise has offered to appeal to CEL on my behalf to cancel the charge, although he says that this is very unlikely to succeed. He says that the parking limitations have been in place for 7 months now, and that for the first few months they were able to successfully appeal to CEL for cancellations of parking charges, but that this is unlikely to work now. What do you make of this - is it a good idea to try?)

This post has been edited by superstar.son: Sun, 26 May 2019 - 13:56

[Advertisement]

[nosferatu1001]

Youve taken that from MSE

Its not purporting to be a contract, just a witness statement in effect. So if I were POPLA i would just dismiss your rebuttal.

What I would point out is that - and youve missed this - Starbucks are NOT the landowner, they only have a short lease, and so cannot demonstrate the authority ON THEIR OWN.