When can parking charges be cancelled

There are a number of reasons why parking charges should be cancelled but may not be. The more professional companies do use discretion and cancel rather than pursuing all the way to court (and waste everyones time). So check the following list to see if you parking charge should have been cancelled.

Examples of why a charge might be cancelled

The driver was forced to contravene parking rules where there was a medical emergency.


If it was a valid emergency then you should provide documentary evidence at the appeal stage. The parking contractor may want to substantiate (check) the information but usually this will be enough for the courts to conclude a "frustration of contract".

This is particularly relevant to hospital visits or having issues on a motorway when you need to stop. So ParkingEye (NHS) and CP Plus (Motorways) ought to have policies to deal with these.

The vehicle was stolen at the time the parking charge was issued.

Clearly in this case neither the driver nor the keeper can be liable but you should provide documentary evidence at the appeal stage e.g. a crime number. The parking contractor may want to substantiate (check) the information.

The is also the TWOC issue (taken without owner's consent) which is rare but worth considering. This will usually require a Keeper or owner to provide the name of the driver.

The signs and lines were changed whilst the vehicle was parked.

On the face of it, this should be a very rare issue. However there are a number of parking charges issued and claims made where the signs were not there or the terms changed after the event. This falls under the scam category so there are more details in the Parking Scams (see link). If it was clear the signs were changed during parking then raise the issue in an appeal.

The vehicle had broken down.

If the vehicle had broken down when the parking charge was issued and the breakdown was unforeseen the parking charge may be cancelled. The parking contractor may want to substantiate (check) the information but usually this will be enough for the courts to conclude a "frustration of contract". The signs will be key to this.

The driver paid to park by mobile phone (cashless parking.)

If you paid to park using a mobile phone rather than paying and displaying, you should provide details of where and when you parked including when you called the cashless parking company. Sometimes there is a clause that says you have to pay within x minutes. If you were not able to due to mobile coverage or other factors, this may come under "frustration of contract".

The driver displayed a valid Blue Badge / Companion Badge and clock.

A driver who is a Blue Badge holder usually needs to display the Blue Badge or Companion Badge clearly and use the clock when appropriate. If you have not displayed the Badge and / or clock, the parking charge is may not be cancelled. If a Badge is face down, the parking charge may be cancelled on a discretionary basis. However in these cases, the site (Hospital, Retailer, Service Area) are usually more accommodating than the parking company so contact the site first before appealing.

The driver paid and displayed but the details were not visible.

An appeal may be considered in these circumstances where the driver or keeper can provide the pay and display ticket in question. If a pay and display ticket is face down / falls from display and was valid, the parking charge may be cancelled on a discretionary basis. The other route is the site (Hospital, Retailer, Service Area) are usually more accommodating than the parking company so contact the site first before appealing.

There are a couple of scams related to this in the Parking Scams (see link). 


The pay and display machine was faulty.

If a pay and display machine is not working the customer park elsewhere or in a car park use cashless parking if possible. If the machine is found to be faulty after accepting monies paid the customer should call the Parking section to make us aware of the circumstances. If the customer then receives a parking charge despite calling in, we may cancel the parking charge.

The permit was not displayed or not displayed correctly.

If the parking contractor cannot see all the details of a permit, a parking charge may be issued. If the permit is current and valid then the parking charge may be cancelled on a discretionary basis. However a vehicle is not covered until a valid permit is displayed in the vehicle and therefore if the permit on display had expired and the driver is awaiting the arrival of a replacement permit then the parking charge would not usually be cancelled. 

There are a couple of scams related to this in the Parking Scams (see link). 

The driver was loading / unloading.

Charges may be cancelled if an exemption applied. For example, there is a grace period of 10 minutes. Or there is a provision in a lease/rental agreement about using the common spaces on a residential site. The parking contractor may want to substantiate (check) the information but it may be better to talk to whoever hired the parking company and get them to cancel it.

 

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