Confused and in need of help - Supermarket overstay

confused58_2

Please help - overstayed the stipulated 2 hours in a supermarket car park and expecting a Parking Charge Notice from PPC who are BPA members.

A camera and board at the entry of the supermarket car park displays your reg no and your departure time and a camera takes your reg no on exit.(ANPR?) The sign by the flashing board states 2 hours free max car parking. Boards in the car park state "This is a camera controlled car park with 2 hour free parking for xxxxxx's customers. We are using cameras to capture images of vehicle number plates and to calculate the length of stay. This car park is patrolled. Please observe the following conditions to avoid a parking charge notice of £70.00. Parking limited to 2 hours. No return within 1 hour. Park within marked bays"

I am completely confused after reading loads of info on the site about what the up-to-date situation is and whether it is still worth appealing in my situation and if so whether I or the registered keeper should appeal, and the wording of the appeal - especially after reading the following:

'Bear in mind that the PPCs are trying to get around the 'no GPEOL' issue that catches most of them out and also, IPC members don't operate that business model. So it's important to know that 'no GPEOL' won't beat an IPC member at IAS appeal unless they've slipped up. We need more ammo, so Schedule 4 wording and statutory deadline breaches would be silly to throw away.'
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'On the other hand, mere BPA and IPC Code of Practice breaches do not in their own right win at POPLA/IPC appeal stage since the decisions focus on contract law.'
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'And by the way, the IPC IAS has now - this week - agreed that appeals to them DO NOT have to identify the driver any more (following a complaint to the DVLA that they took 7 months to decide on). So an appeal from the registered keeper, keeping schtumm about the driver, can now be submitted to the IAS as well (the IPC being the 'other' ATA, where the PPC comes under the IPC scheme instead of the BPA Ltd and POPLA).'
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'Some PPCs don't use NTKs that invoke POFA 2012 at all (e.g. CEL, Smart Parking). So you can imagine how someone appealing as keeper, and pointing out the PPC hasn't invoked POFA 2012 at all as their Notices make no attempt to mention any of the statutory wording from para 8 or 9 of Schedule 4, will certainly win at POPLA. Whereas a driver who has rushed to appeal and 'say what happened', will have thrown all that away!'

You can probably tell that I am not a youngster and in need of all the help I can get.

Redx

yes you can appeal , especially if you have only just received an NTK (28 days deadline to appeal to the PPC)

all you need to know and research is in the newbies sticky thread at the top of this forum

you should also COMPLAIN to the retailer and get a cancellation too

Dee140157

Definitely complain in store.
Which PPC is it?
As Redx says, the newbie thread has all the answers. Make yourself a cuppa, with a couple of biscuits and take time to re read the thread several times, at this stage focussing on post 1. Then when NTK arrives, you will be prepared.

confused58_2

PPC is Horizon.

I have read the newbie thread but am still confused as a lot of the situations seem old. Not sure if the 'no genuine pre-estimate of loss' is still valid in my circumstances and after reading the following:


'Bear in mind that the PPCs are trying to get around the 'no GPEOL' issue that catches most of them out and also, IPC members don't operate that business model. So it's important to know that 'no GPEOL' won't beat an IPC member at IAS appeal unless they've slipped up.'


Also I am not the registered keeper so is it best for them to appeal or name the driver (I understand that there is now no legal requirement for them to name the driver)

When the NTK arrives I will complain to the store. Will also re-read the newbie thread.

The_Slithy_Tove

confused58 wrote: »

I have read the newbie thread but am still confused as a lot of the situations seem old. Not sure if the 'no genuine pre-estimate of loss' is still valid in my circumstances and after reading the following:

'Bear in mind that the PPCs are trying to get around the 'no GPEOL' issue that catches most of them out and also, IPC members don't operate that business model. So it's important to know that 'no GPEOL' won't beat an IPC member at IAS appeal unless they've slipped up.'

But you said at the top that they are BPA members, so IPC is irrelevant. Not GPEOL exactly fits, whatever the circumstances around which you parked. Go for that, plus the other standard points, and you won't go far wrong.

Dee140157

And yes it is better for the registered keeper to appeal. There are good reasons for this.

confused58_2

Thank you for your replies. IPC...BPA etc This is why I need all the help I can get as I don't understand half of what I'm reading!! never ever had to deal with anything like this before.... I suppose that's what the PPC's rely on. Thank you both for your help will now await the arrival of the Parking Charge Notice and then will ask you to double check my letter before I send it off.

Thank you so much for helping me.