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#Post#: 8318--------------------------------------------------
Excel Iceland car park
DIR By: Hashim
Date: October 25, 2023, 4:16 am
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Hello members.
The driver entered the car park and parked in the disabled bay
where they received a phone call which they took. After
completing the call they went to get a ticket only to find that
the machine only coin payment which the driver didnt have and
then they saw the terms and conditions and it stated that the
driver of a vehicle has 10 minutes to purchase a ticket upon
entering the car park. The driver did not have any change and
there was no concession made for disabled drivers and so
subsequently left . Then the following charge notice was
received.
Thanks
[attachment deleted by admin]
#Post#: 8325--------------------------------------------------
Re: Excel Iceland car park
DIR By: DWMB2
Date: October 25, 2023, 4:53 am
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From what you have posted so far I'm struggling to find any
obvious routes of challenge that would provide a decent chance
of success.
Motorists must be allowed a 'consideration period' to consider
the terms and conditions on offer and either decide to accept
them and park, or to decline them and leave. Whilst the BPA
specifies a minimum period of 5 minutes, the IPC, of which Excel
are a member, do not specify, simply saying it must be
'sufficient'. Not only was the drivers stay a lot longer than 5
minutes, by your account of the situation they didn't use the
time to consider the terms, instead taking a phone call.
With this in mind, it may be worth considering paying the
discounted amount. There's no harm in speaking to Iceland to see
if they'll help, but if the driver was not a customer they're
probably unlikely to.
Just to check there aren't any other options, do you have and
photos of the signage?
#Post#: 8509--------------------------------------------------
Re: Excel Iceland car park
DIR By: Hashim
Date: October 26, 2023, 8:26 pm
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What about going down the route of driver unknown...I have
attached the signage..
Thanks
[attachment deleted by admin]
#Post#: 8511--------------------------------------------------
Re: Excel Iceland car park
DIR By: DWMB2
Date: October 27, 2023, 3:26 am
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--- Quote from: Hashim link ---
>
> What about going down the route of driver unknown...
>
--- End Quote ---
Presumably you mean choosing not to name the driver (as it seems
unlikely you don't know who was driving). This is unlikely to
work... From the looks of the notice they have complied with
Schedule 4 of the Protection of Freedoms Act 2012, so they can
hold you liable for the charge as the Registered Keeper.
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