Parking fine for Free 30 minute stay

natcar

I parked in a car park in Royal Wootton Bassett, which was formerly a car park for customers owned by Morrison's. Recently it has been acquired by a Private car parking company called Premier Park. There is clear signage advertising in bold capital letters 'FREE 30 MINUTE STAY*'.

I only went over the road to the chip shop like I usually do and returned to my car in 16 minutes (acknowledged in their penalty letter to me). However, after appealing they denied my appeal, giving no reason. Whilst photographing their signage, I noticed there is an asterisk which has small print, requiring the person follow instructions on the machine.
Before appealing to POPLA, I would like advice as to whether I have any grounds to win the appeal. I understand that if I lose then I will have to pay the full £100.

I feel that these signs are unfair. My failure to register my car at the machine, does not lose them money and I was less than 30 minutes. It's not like I overstayed.
Please, any advice welcome.
Thanks

Herzlos

You have every grounds to appeal, the significant one being that the signage is unclear.

Does Premier Park actually own the land?

natcar

They don't own the land but are managing it on behalf of the land owner.
I'm worried that because the signs say

FREE 30 MINUTE STAY*
*Follow instructions on the machine
12 HOURS £4.00

That they have a case that the signs are clear enough. But I've never encountered a car park where you still need to enter your reg in the machine even if you are less than the given free period.

fisherjim

"Parking fine for Free 30 minute stay"

"acknowledged in their penalty letter to me"

Does it really say that on their letter/ pcn I doubt it?


"I would like advice as to whether I have any grounds to win the appeal"

There are always grounds for appeal, but you must use the correct ones as outlined in the newbies thread.

"I understand that if I lose then I will have to pay the full £100"

Nope, you do not have to pay them, any decision is binding on the PPC, but not the victim!

peter_the_piper

Get pics of the signs showing the free gift(period)

Randell82

Wright Hassle have got my appeal regarding the exact same scenario (but in Leisure World - Southampton).
I'll let you know if i get any response soon

natcar

Hi,

What was the outcome?

I have appealed to POPLA. Waiting for the result😖

Fruitcake

natcar wrote: »

Hi,

What was the outcome?

I have appealed to POPLA. Waiting for the result😖

What grounds did you use in your appeal. They should at least have included inadequate signage, not the landowner, no standing to bring charges, and lack of grace periods. (... and non POFA compliant NTK if you didn't out yourself as driver, but I think you may have.)
You should also have included your own pictures of the signs to show they don't meet the BPA CoP.

You may get an evidence pack from the PPC so you must rebut anything they say at that point.

Bwib

Just thought you might like to know that I have just had my appeal upheld and ticket cancelled by Premier Park. Same car park, same reason.

When the new signage appeared after Morrissons left, I honestly thought they had just reduced the free time from 45 minutes to 30 minutes. I couldn't believe it when I got a ticket as I had only been there for 16 minutes! It was only on returning to the car park that I saw the "small print" about putting your Reg No. in the machine.

Hope that you have had the same success, Natcar. The people who operate this car park really are sharks. The landowner continues to support their actions and I believe will continue to intentionally do so, thus upsetting everybody in this small community, until they getting the planning permission for a car wash on the site that they so desperately want.

I simply followed the advice on this site, so huge, huge thanks (once again!) to all those who give their time to share their knowledge on this forum

Coupon-mad

Thanks for the information and update, good to hear. Did yours win at POPLA?

Bwib

Not exactly as it didn't get as far as the hearing, Coupon Mad.

Shortly before I was expecting to hear POPLA's decision, I got a letter asking for a payment of £30 to settle.

I wrote to POPLA asking them to consider this as further evidence which would support one of (the many) points raised in my appeal ie. there was no loss and so the parking company were now merely seeking to recover their actual operational cost of paying for a POPLA verification code.

Then got a letter from POPLA saying PCN had been cancelled by the parking company so the appeal had been found in my favour.

I had the exact same scenario when I challenged a PCN from this company a few years ago.