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AICMSLTD
Ladies & gents,

This is the first time I have posted on here, I hope below and attachments are enough information of the facts..

I received a PCN (Uploaded) recently . In a nutshell I parked in a car park that has around 5 levels and I received a PCN for not parking wholly within a bay but there were a few restrictions,

- The parking bay where I parked was shaped like half a triangle with a pillar on one side and 45 degree angle on the other side. See pictures on the PCN for a better understanding.
- Also I drive a KIA Sportage and due to the size of the car, I would of always have struggled to park within the bays

Below is the appeal letter I have submitted and I have uploaded the Park Watch response.

I was issued with a parking ticket on the 18/11/17. I feel this was unfairly issued due to the following mitigating circumstances.
I have a larger vehicle than most cars and found the spaces very small in this car park.
I parked on the highest level where no other vehicles where parked. I also parked at the end next to a large concrete post which I could not get any closer to whilst still being able to get myself and 2 children out of the vehicle. I got out to check & even if I was to park in the space adjacent to me next to the wall there would not be enough room for another car to park next to mine anyway, due to this fact I thought it would be acceptable to leave the car over the line slightly as no other vehicles were even on the same parking level as it was very quiet.
I would not usually ‘abuse’ parking rules but unfortunately on this occasion the space needed for my car was inadequate without causing damage to my car or someone else’s if they were to try park next to me. I now know this and won’t use your facilities again.
I find the fine is disproportionate to the amount of loss to owner; It costs £0.70 to park for 3hours and my vehicle was there for approximately 2hours.
It is worth noting that my parking hasn’t impacted your business in anyway due to the high number of spaces left to park in, as I stated previously, upon my arrival mine was the only vehicle on the upper level.

I have measured the space and it is under the recommended limit.

I have also been on the BPA website to check advice on appeals but cannot find Park watch if the appeal is unsuccessful I would like a membership number so I can take this further to POPLA.

I look forward to hearing from you
Regards

I would be grateful if you could advise which steps I should take. Shall I pay it/ appeal to POPLA or ignore the letter?

Thank you in advance for reading and responding. Is there a minimum legal requirement for parking bays, since the parking bay was approx. 2.3m wide.
ostell
The company is Defence Systems Ltd t/a Park Watch, as described in the footing of the letter.

There is a recommended size for parking bays, defined by the Dept for Transport, I believe. Spaces too small have won before.
The Rookie
Those are defences, not mitigating circumstances, two different animals!
AICMSLTD
I believe the standard is 2.4m x 4.8m, would I be able to win on the grounds of the pillar (see pic on PCN) not allowing the minimum width standard?
Jlc
There are no defined standards for private land. The may be guidelines and recommendations, perhaps from statutory requirements.
Churchmouse
So, basically, you have already admitted deliberately parking your vehicle in violation of the terms and conditions of parking (of which your were completely aware), because you had a "good reason" to do so? Not really a winning argument...

This is a bit novel, but in such circumstances I would consider arguing that no contract had been formed, based on the fact that the offer of parking had not been unambiguously accepted by performance: the implied acceptance did not match the material terms of the offer, so there was no objectively discernible "meeting of the minds" or intention to be bound by the terms of the proposed contract. It would have been clear to the offeror that the offeree had parked otherwise than in compliance with the terms and conditions of the offer, and no reasonable person could conclude from such action that the offeree had instead agreed to pay £100 for the privilege. Of course, you would be seen as trying to "get away with it", but the circumstances (payment for parking, consideration for others, reasonable attempt to appeal) might counter that sufficiently.

--Churchmouse
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