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Hooked, line and cheater

I recently parked in a NCP car park in Bolton in a bay marked for vehicles with young children. My child was not with me at the time, although I was collecting him in the area later in the day. The child seat was in the boot and was not visible in the car. I have used the same bay on one other occasion since. I have subsequently received a demand for £100 in respect of the first occasion the bay was used. The terms and conditions of the car park were not prominently displayed and there was no relevant signage adjacent to the bay or elsewhere in the car park. A Parking Charge Contravention Notice was not attached to my vehicle on the day as described by NCP in their letter. As such, the opportunity to question the matter before leaving the car park was not available to me. I have subsequently read the NCP terms and conditions for the use of its car parks and Clause 10 describing parking contraventions does not state the conditions of use of bays for vehicles with young children and is effectively not enforceable. I do not accept that I parked inappropriately and do not intend to pay the requested fine. I have read advice you have given previously and am tempted to make a payment of £10 in full and final settlement for any perceived parking contraventions relating to this type of bay for all dates subsequent to 04/12/1010 and to state that if they do not choose to accept this offer in writing within 14 days of receipt I will refer the matter to the small claims track of the relevant County Court. I also intend to copy the letter to the local Trading Standards department. I would be most grateful for your advice.

Asked on 28 November 2011 by RR, Southport

Answered by Honest John
The £10 offer will not work in this case because, as you admit, you parked in direct contravention of the terms of your parking contract and in doing so occupied a space dedicated to parents with young children actually in the car. I think you have to accept the penalty.
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