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#Post#: 72026--------------------------------------------------
National Parking Enforcement - Sunday when Nandos Loughton was
closed
DIR By: samosa
Date: May 18, 2025, 6:59 am
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Hi there
04/05/2025
I pulled up and stopped in a car park which serves Nandos
Loughton (and other retailers). I arrived just before 10am but
realized the restaurant didn't open till 11am. Consequently we
picked up a bite to eat from a neighboring outlet (which was
outside of the companies served by the car parking area). We
left not thinking anything of it.
16/05/2025
I received a letter from my car leasing company containing a
NTK, 3rd party auth letter, as well as a covering letter (links
below).
The "Reason for issue" is "Parked in Customer Parking Area
WHILST NOT using the business".
Given the Nandos (and the other retailers) were closed for
business at the time of the contravention, is fine applicable /
enforceable?
Thanks in advance for your guidance.
NTK:
HTML https://drive.google.com/file/d/1eIN5kYmhxWtEqjUEfMB-hsKQIvyZkjyL/view?usp=sharing
3rd party authorization letter:
HTML https://drive.google.com/file/d/1eTQac1YOI4vD4cqj1H74KS32e9_YRyvV/view?usp=sharing
letter from leasing company:
HTML https://drive.google.com/file/d/1eVRwb3UJfx3DRY0UNucSdIa7EIcAojgM/view?usp=sharing
#Post#: 72037--------------------------------------------------
Re: National Parking Enforcement - Sunday when Nandos Loughton
was closed
DIR By: DWMB2
Date: May 18, 2025, 7:31 am
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At the moment, there is nothing for you to appeal, the charge is
addressed to the leasing company. When you receive a notice in
your name we can advise on an appeal. They'll almost certainly
mess this process up, which you can use to your advantage.
#Post#: 72254--------------------------------------------------
Re: National Parking Enforcement - Sunday when Nandos Loughton
was closed
DIR By: samosa
Date: May 19, 2025, 12:58 pm
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--- Quote from: DWMB2 link ---
>
> At the moment, there is nothing for you to appeal, the charge
is addressed to the leasing company. When you receive a notice
in your name we can advise on an appeal. They'll almost
certainly mess this process up, which you can use to your
advantage.
>
--- End Quote ---
So I re-visited the site today.
The signage to the entrance of the car park is as follows:
HTML https://photos.app.goo.gl/rmDXF17mXHjEbVWY7
Directly below the above sign is this one:
HTML https://photos.app.goo.gl/vnHN1zMV3gnzXp9L7
There is additional signage as follows:
HTML https://photos.app.goo.gl/AiAsfCdFhnYtdRhv8
It is not argued that the parking is for Nandos customers. My
core argument, however is:
- given that Nandos was shut at the time I pulled up, surely
the parking restrictions do not apply.
Are these grounds sufficent to challenge and win the fine or is
it not worth the fight?
Thanks in advance
#Post#: 72280--------------------------------------------------
Re: National Parking Enforcement - Sunday when Nandos Loughton
was closed
DIR By: DWMB2
Date: May 19, 2025, 2:51 pm
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--- Quote from: samosa link ---
>
> It is not argued that the parking is for Nandos customers. My
core argument, however is:
>
> - given that Nandos was shut at the time I pulled up, surely
the parking restrictions do not apply.
>
--- End Quote ---
As a general point, that's not a sound conclusion. Looked at the
other way, parking is for Nandos customers - if Nandos is
closed, how can the driver have been a customer? There may be
specific arguments about impossibility of performance etc. that
you can use in this case, but as a general concept, a business
being closed does not confer any automatic right to park on
their premises without regard for any terms or conditions
applicable to the use of their car park.
As for whether it's "worth the fight" - that's your decision to
make. In my previous reply I advised that they're likely to mess
up the process of transferring liability to you as the hirer,
which is something you can use to appeal. NPE will reject your
appeal, because they reject almost every appeal. The IAS are
also likely to reject your appeal, but neither of these things
mean that you are liable for the charge as the hirer. Whether
you're prepared to put in the effort to fight them all the way
is for you to decide - it's your money and time.
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