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Parking Direct UK Uxbridge Parking Charge notice

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  • Parking Direct UK Uxbridge Parking Charge notice

    Hi

    I got a parking charge notice near Uxbridge Shopping mall. I am the keeper / owner of the vehicle plate and vehicle was driven by an acquaintance of mine from USA. I checked with him post receiving the notice and he said that street parking looked full, so he turned into an area where there were parking bays. He stopped the car, got out the car, read the notice, understood that its a no parking private area and he drove off. Whole episode may not have taken more than about 90 seconds in total.

    I wrote back to the private parking company (Parking Direct UK) explaining the same. I received a letter today denying my appeal and they are saying that as soon as you enter the premises some sort of a contract is breached and my acquaintance should not have parked in the empty bay to read as signs and notices were prominently displayed everywhere and he should have called a number on notices if in doubt. Essentially to me that translates to, while one is driving, they must read notice without stopping. Second thing they have mentioned that my acquaintance dropped off a passenger.

    I checked with him and he said that yes, after reading the notice and establishing he could not park their as it was not publicly available parking, he dropped his wife so that she can get on while he goes around the area to find another parking place. This drop off of a passenger is also held against him from the response.

    I as owner of the vehicle have no idea as I only gave my car. What are my rights here as owner of the car but also to me, trusting the gentleman whom I gave the car (who resides in NY USA), I am convinced that he hasnt done anything wrong here. He being a foreigner has drove into a place seeing parking bays, stopped in a bay to read the notice, decide to let his wife get out of the car while he immediately drove off within 2 minutes to find another slot.

    In my original letter I said to company that grace period should cover the whole episode but aparently in their response they say that grace period was observed but dont say how much is grace allowed and from pictures they are showing, its all within 90 seconds so I trust the driver here and I dont think he has violated anything here.

    Driver also told me, he did notice a girl standing pointing a smart phone at his car and he was not sure because he only wanted to read notice and decide, he ignored here and carried on, read the notice, asked her wife to drop off and walk and he drove off to park somewhere else around.

    In the response, now the company says either pay reduced £60 or go to IAS and challenge it. They are saying once I go to IAS, I will loose £60.

    Kindly guide. Honestly speaking, I am finding the whole thing outrageous that someone can not even stop to read the notice and fact that while they read the notice by parking cleanly in a bay so no one is obstructed and decided that they can not park and ask wife to get off the car makes them breach some sort of a contract (all for under 2 minutes?).

    Please guide. Many thanks in anticipation.
    Tags: None

  • #2
    Re: Parking Direct UK Uxbridge Parking Charge notice

    As it's an IPC member i would probably just supply the drivers details and tell them to feck off.

    If you want to have a go at appealing then you can always name the driver later (as long as court action isn't started) and keeper liability is then ended.

    http://www.legislation.gov.uk/ukpga/...dule/4/enacted

    Right to claim unpaid parking charges from keeper of vehicle


    4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.


    (2)The right under this paragraph applies only if—


    (a)the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met



    Conditions that must be met for purposes of paragraph 4


    5(1)The first condition is that the creditor—




    (b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.


    (2)Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.

    M1

    Comment


    • #3
      Re: Parking Direct UK Uxbridge Parking Charge notice

      To be able to be charged you need to agree to a contract. Your friend read the contract, rejected it and moved on. The passenger getting out is immaterial.

      I'm with giving them the name and address of the driver in NY. They won't like it and will probably object but that removes any liability you have. The address only has to be serviceable, being in the UK is not a requirement. I can't think they would be trying to continue the matter with a USA address.

      Comment


      • #4
        Re: Parking Direct UK Uxbridge Parking Charge notice

        Thank you very much. To Mystery1 and Ostell. this is much appreciated.
        This is the first time ever I had tried seeking some help and this invaluable so thank you and God bless.

        So to summarize:

        While appealing the below is my explanation:
        1. The car was driven by my acquaintance travelling from USA and supply his name and address of USA.
        2. Driver has not entered into any contract just by means of entering the premise because driver has so seeing the parking bays empty. Driver stopped in one of the bays safely to read the notices, as you will see in the pictures supplied by the park direct. Decided that he could not park as it was private property and drove off. Fact that he dropped his wife there is immaterial.
        3. Whole episode happened in under 2 minutes again proven by the park direct own admission from the pictures evidence. This is well within grace period considering that any drivers responsibility is to drive safely first and to read notices such as one in question, they must stop the car and then read it properly to take a decision which is what the driver has done here.

        4. It must be noted that driver does also highlight that there was a lady standing in one of the corners and he felt she was doing something on smart phone. We believe that park direct has not done anything to warn the driver via that employee or issue an immediate ticket to the driver but instead ignored what the driver was there for (which was to read the notice / contract and decide his next step) and have caused waste of time which must be compensated instead.
        5. Park direct UK has ignored completely the grace period here and are penalising the driver for doing all the right things a driver must do which is safety first.
        Based on all above points, I request IPC to cancel this parking charge notice but also take note of the incident and ensure that grace periods are observed and right practices are put in place as we have wasted well above 2 hours ourselves, number of phone calls between keeper and driver and I will see to it, that time is compensated by the park direct for ignoring laws around grace period before a contract can be enforced. Park direct UK have also failed to put any barriers to contract establishment because there is nothing which stops any driver to enter that premises. They must invest money in installing barriers to avoid anyone without permission entering into that premise to avoid wasting other people’s time.


        Does the above make sense? Or should I highlight the specific legal points Mystery1 highlighted kindly? And also state that I as a keeper I don’t agree to any liability?

        Comment


        • #5
          Re: Parking Direct UK Uxbridge Parking Charge notice

          No point, just go straight in and say "The driver at the time was ......" No matter was you say about the incident it will not make them change their mind. They want the money.

          Comment


          • #6
            Re: Parking Direct UK Uxbridge Parking Charge notice

            You could try appealing but content makes little difference when you'll not be saying you were the driver (because you weren't). The chances of winning are low. The chances of them bothering with a foreigner are also low.

            M1

            Comment


            • #7
              Re: Parking Direct UK Uxbridge Parking Charge notice

              Okay, thanks.

              In the rejection of appeal letter they state that they do not wish to deal with any further discussion and if I still dont want to pay, I have an option to appeal.

              So, what should I do to ensure that they dont bother me again:
              1. Should I simply write back to Park Direct that I have explained why this parking charge notice is not acceptable and if they still want to persue with the invoice, they must contact the driver and provide his details of USA?
              2. Should I appeal because they are saying they do not wish to accept any further dialogue? and by means of appeal, provide details of the driver and his details to the adjudicator?
              3. do both of above?

              Is there any legal grace period oriented guideline before enforcing a contract such as in this case? I am surprised that someone has to pay £60 or £100 for stopping to read a notice?

              How to close off any liability on my part? Should I state that in appeal or my letter to Park direct?

              thank you for your patience. I am sorry if I am asking too many questions but its first time the scenario has happened and I am not someone who feels comfortable ignoring so it will be good to bring a logical conclusion (ie. am I liable as a keeper? if not, how do ensure thats an agreed position? and further is there anyway I can bring closure to the whole episode through highlighting a legally binding grace period and also fact that park direct did not stop vehicle coming in, did not warn and did not issue the ticket upfront to the driver and kept taking video / picture instead?)?

              Many thanks in anticipation.

              Regards,

              Comment


              • #8
                Re: Parking Direct UK Uxbridge Parking Charge notice

                Do as you have already been advised. To stop any further contact then simply write to them and give them the name and address of the driver. In doing so you have removed any liability from yourself as the keeper. Trying to appeal it is not worth it as they will reject any appeal as they want the money.

                You will probably get more letters saying that the address is not acceptable but you can then refer them to Arkell v Pressdam.

                Comment


                • #9
                  Re: Parking Direct UK Uxbridge Parking Charge notice

                  Okay. By means of appealing, I only meant the Independent parking committee appeal process which they have referred me to.

                  I will write to them (Park Direct UK) with details of USA but could you please confirm what is referring them to Arkell v Pressdam as I might as well tell them right now that I am not going to entertain any further dialogue on this and upon harrassment I will report them but knowing what is Arkell v Pressdam would be greatly beneficial.

                  thanks agian Ostell. Much appreciated.

                  Comment


                  • #10
                    Re: Parking Direct UK Uxbridge Parking Charge notice

                    The chances of a successful appeal to the IPC are next to nothing. The usual recommendation is not to bother. You must provide the driver details before they think of starting court action otherwise you will remain liable.

                    I suggest you do a search on that case

                    Comment


                    • #11
                      Re: Parking Direct UK Uxbridge Parking Charge notice

                      Thanks Ostell / all.

                      Draft of the letter below: Please comment if I have missed anything grossly and thanks again for the help. Hopefully this might help someone else trapped by this idotic company.

                      To Park Direct UK

                      I refer to your latest letter dated 7th January 2017.

                      As mentioned earlier, the parking charge notice you have issued has to be issued to the driver and I have mentioned the driver details below. As a keeper of the vehicle, I offered you the address upfront in my first letter but there has been no comment on that and therefore to fulfil my obligations, kindly find the driver in question and his details below:

                      Xxxxxx xxxxx

                      Driver has declined entering into any sort of contract as indicated earlier and driver has only stopped to read the notice and after reading the notice, decided to move on and therefore declines entering into any contract whatsoever. Driver has repeatedly also stated that the whole episode has been under 2 minutes which is under grace period allowing any driver to read any notice and considering that Park Direct UK employee who was standing there and taking video or photographs should have warned the driver or issued the ticket there and then itself. Also there were no barriers to stop any driver entering the premises therefore or RED signs or red lines of no stopping whatsoever and therefore declines entering into any formal contract and sees this as a waste of time and will seek to claim counter compensation if further time is wasted and I must let you know that.

                      I now, request you to kindly to pursue the matter directly with the driver as the contract is between the driver and the land owner and I as keeper have rightfully provided now with all details required for you to pursue it further.
                      At this point I must state that I am not going to enter into any further dialogue with Park Direct UK or any other party related to this matter and any approach or letters or communication related to this matter will not be attended whatsoever.
                      Furthermore, if any threatening communications are sent at keeper’s address or anyone harasses or causes mental stress or bullies unnecessarily, people or companies involved will be prosecuted formally and referred to Arkell v Pressdram immediately and compensation sought.

                      I consider this mater closed as far as I am concerned.

                      Warm regards,

                      Comment


                      • #12
                        Re: Parking Direct UK Uxbridge Parking Charge notice

                        Too much. Just tell them that they have the drivers name and address and any further communication from them will be a misuse of personal data and may result in action taken against them under the Data Protection Act. As you have no liability you require that your details are removed from their files under section 10 of the DPA and this action confirmed within 10 days.

                        I suggest you look up Arkell v Pressdram before you use it and keep it for later.

                        Comment


                        • #13
                          Re: Parking Direct UK Uxbridge Parking Charge notice

                          How do Iget the duplicate !!!

                          Comment


                          • #14
                            Re: Parking Direct UK Uxbridge Parking Charge notice

                            wow... thanks Ostell.

                            - - - Updated - - -

                            sorry, what do you mean? if you are referring to the profile pic, I am sorry, it picked this by default I guess? i will change it...
                            or am i missing something else? Sorry this whole incident is freaking me out....

                            Comment


                            • #15
                              Re: Parking Direct UK Uxbridge Parking Charge notice

                              I think Ostell posted twice accidentally (duplicate).

                              M1

                              Comment

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