Trowbridge shopper threatens to see car park company in court

Agricultural business consultant Martyn Jones says he was 'unlawfully detained' by the car park barrier being lowered which prevented him from leaving.

He was sent a £100 parking charge notice by ParkMaven after being ‘barricaded in’ at The Shires shopping centre on September 4 last year.

He claims the London-based company refused to accept his explanation and issued the PCN which he unsuccessfully appealed.

An appeal to POPLA, the independent regulator, was also dismissed and now Mr Jones says ParkMaven is threatening him with further legal action to settle the debt.

Martyn Jones with his £100 PCN at the The Shires car park barrier that was locked when he picked up shopping last September. Image: Trevor Porter 70611-2 (Image: Trevor Porter)

But Mr Jones, from Rode Common, has vowed to ‘see them in court’ and claims he believes a county court judge would find in his favour.

He intends to argue he was “unlawfully detained” by the car park attendant closing the barrier at 7pm, half an hour before the advertised time of 7.30pm.

The 63-year-old self-employed businessman told ParkMaven: “I am not prepared to pay the charge claimed for reason stated below.

“I confirm that I entered the car park at 18.58; however, I was prevented from leaving by the premature closing of the barrier.

“The sign stated 19:30 hours but it was closed at 19:00 whilst I was collecting shopping from the dedicated Asda collection bay on the lower level.

“I was eventually able to leave when a car park service operative unlocked the gate at 20:10.”

Mr Jones said the upper level was empty when he entered and thinks the attendant who closed the barrier may not have realised he was there on a lower level.

But he said that ParkMaven has refused to accept his explanation and cancel the parking charge notice.

The company is still seeking payment of the £100 PCN despite his appeals that they were to blame for him overstaying the one hour’s free parking.

He told ParkMaven: “I advise that I have received a further demand following a declined POPLA appeal.

“I do not consider the POPLA decision to be valid on the basis that I do not consider ParkMaven have the authority to forcibly prevent users leaving the car park within the free use period and then subsequently charge a penalty.

“I suggest that you seek to proceed with court proceedings.

“On receipt of a summons I will defend and issue a counter-claim as per the evidence submitted to the POPLA appeal and see if a Judge upholds the POPLA  decision or that actually decides, as I believe will be the case, that I was unlawfully detained.”

ParkMaven and The Shires shopping centre have been approached for a comment. The company has since changed its sign to inform shoppers the car park closes at 7pm.

ParkMaven has since altered its sign to inform shoppers that the car parks close at 7pm. Image: Trevor Porter 70611-3 (Image: Trevor Porter)

The Shires shopping centre manager Sarah Moore said that ParkMaven is considering waiving Mr Jones’ PCN.

She alleged that Mr Jones had removed a notice saying the car park was closing at 7pm from one of the signs, which Mr Jones has admitted he did.

He said: "On the left hand side, there was a sticker that was an A4 notice typed up which I did take down afterwards but on the right-hand side, which is the side that you look at when you drive into the car park, there was no notice.

"If they consider that one notice in the wrong place constitutes a notice then we can argue that. I am quite happy to go to court and argue it.

"When I was walking round waiting I saw that a notice that said this car park will close at 7pm and I thought, oh, I will take that down, so I did.

"If you look there now, you will see that they have professionally amended all the signs to 7pm. But I have got pictures of the signs saying 7.30pm, so they can't claim that there was anything removed off those."