Overstay in free car park

StEtts75

Hi


As the registered keeper, I have received a PCN for overstaying a 2 hour free car park (Motorway Services). ANPR picked up the vehicle - over 3.5 hours in the car park.


The driver on the day became ill whilst using the services, hence the overstay - unable to leave the toilet!


I have submitted an appeal on the basis of illness, that there was no loss incurred, no GPOL, poor signage, no contract etc.


Since submitting it, I have done some reading and it has been suggested that the incurred loss/GPOL might not be valid anymore? Especially in relation to a limited time free car park?


Any help/advice gratefully received.


Thank you

Fruitcake

I hope you appealed as keeper and didn't give away who was driving.

No GPEOL is very difficult to win unless you can refute the Beavis case and use it to your advantage. Consequently it is of little use in an appeal unless you are very savvy.

What is the name of the PPC as this will determine your next stage.

Have you written to the landowner to ask for them to cancel it as an occupant of the car was ill?

StEtts75

Yes, appealed as keeper. Merely referenced the driver's reason for overstay.

PPC is ParkingEye.

I'll try to find out who the landowner is and contact accordingly, thank you.

Castle

A motorway service station car park is only free for 2 hours, after that it's chargeable, but there's no time limit on staying. If it's Parking Eye then it likely that Welcome Break are the landowner.

StEtts75

Yes, I've complained (nicely) to the Services directly as well now.

A case of waiting and seeing how they and PE reply...

StEtts75

Not counting my chickens yet, but a manager from Welcome Break has said they will try and get it cancelled.

Fruitcake

StEtts75 wrote: »

Not counting my chickens yet, but a manager from Welcome Break has said they will try and get it cancelled.

Make sure you get it in writing. Meanwhile, if parking lie reject it you will need to construct a PoPLA appeal. There are plenty to crib from in the POPLA Decisions thread so have a browse now at the most recent successful cases and make a note of any that will be useful later if you need them.