Parking Eye - Appeal Process

Unsuccessful
Assessor summary of operator case
The operator states that it issued the Parking Charge Notice (PCN), because the vehicle with registration AM** ****, either did “not [purchase] the appropriate parking time and [remained] at the car park for longer than permitted” at Thorpe Road, Peterborough on 7 August 2016.


Assessor summary of your case
The appellant states she arrived at the car park and discovered she did not have her purse with her. She advises she sent a text message to her husband who confirmed this, so she departed.


Assessor supporting rational for decisionThe terms and conditions state: “Parking tariffs apply 24 hours a day, 7 days a week” and that “Failure to comply with the terms & conditions will result in a Parking Charge of: £100”. The operator’s case file includes photographs of the signage at the site clearly showing these terms. The operator has also provided photographic evidence of the vehicle arriving at 08:50 and departing at 09:01, for a total stay of 10 minutes and 48 seconds. There is also a system print-off confirming that no payment was made under the vehicle’s registration. When the appellant was invited to provide comments on the operator’s case file, I can see that she raised issues regarding the signage and the amount of the PCN. However, no new evidence or grounds of appeal can be raised at that stage. Instead, this is an opportunity to rebut the operator’s case. She also raised issues regarding the grace period. I am satisfied that the grace period is implied in her initial grounds of appeal to POPLA, therefore this is not an attempt to raise a new ground of appeal. She advises that she has timed herself reading a sign at the site at four minutes and so believes 10 minutes is a reasonable grace period. The British Parking Association (BPA) Code of Practice section 13.1, regarding “Grace periods”, states that operator’s “must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period". Section 13.2 notes that this grace period is for the motorist to decide whether they are going to stay or depart. There is no requirement for an operator to state details regarding grace periods on its signage. The appellant advised she sent a text message to her husband to confirm she had left her purse at home, however no evidence has been provided to POPLA to support this. Furthermore, while I note her comment that it takes four minutes to read the sign, the appellant has not made any suggestion that she attempted to read the signage on the day in question. Therefore, I am satisfied that she breached the terms and conditions. As such, the operator correctly issued the PCN and I must refuse this appeal. For clarity, the British Parking Association (BPA) Code of Practice was updated in 2015 and is the current version in use. In addition, POPLA reviews appeals on a case-by-case basis and cannot consider or comment on the conditions of parking enforcement in regard to council-run car parks.


Oh well, should have tried harder but hope this helps others xx