PCN for 4 minutes after we changed our mind?

jasonp1972

Hello - looking for advice before we word an appeal.


We received a Parking Charge Notice from an IPC member after we pulled into a space in a hotel car park. The timing on the PCN shows us present for only 4 minutes. During this time, I visited the machine to establish the charge, but then realised we could park for free in the nearby boatyard, from where we were due to rent a boat for the afternoon. I moved the car to the boatyard car park and thought nothing more of it.


I have looked at the wording of the IPC template appeals, but feel that this ought to be even more straightforward, as I would argue that we didn't actually go ahead with a decision to park in the car park.


I'd appreciate thoughts and advice from others.

Half_way

Most of it is in the4 thread you mentioned, one thing that stands out is the time in the car park of 4 minutes, this is far less than the 10 minutes grace period the IAS COP allows.

Have you complained to the hotel?

jasonp1972

Thanks for replying. Not yet, as wanted to sound it out here first. As you say, the fact it is below the 10 minute grace period is significant - although they'd perhaps argue this grace period only applies to those who bought a ticket in the first place?


At the end of the day, we did use their space for 4 minutes but then changed our mind. I'd hope that if nothing else, an offer of 4/60th of the hourly rate would be reasonable!?

SmellyMog

Don't make any offer. It would be refused, and they might argue that you were admitting liability by doing so.

The grace period is for people to drive in, check the 'contract' they are offering and then decide whether or not to accept their terms.

jasonp1972

I have now called the hotel who are reviewing the CCTV, so we'll see what comes back and I will update in due course.

beamerguy

As the IPC is a scam set up, it will be a waste of time
In saying that, so you can put a footprint on this, give it go.
The grace period includes you changing your mind not to park.

Which is the silly hotel who employ these scammers and who is the PPC scammer

The_Slithy_Tove

jasonp1972 wrote: »

although they'd perhaps argue this grace period only applies to those who bought a ticket in the first place?

On the contrary, the grace period is there to allow you to do exactly what you did: read the signs and decide not to accept their offer to park, and then leave.

If the hotel doesn't cancel this, it's time to name and shame them.

Xanthanan

They should allow sufficient time for you to enter, park the vehicle, read any (so all of) the signs and then make an informed decision (i.e. leave) without enforcement action (IPC rule 15.1)

The 10 mins that gets talked about is the grace period after a PAID period of parking expires before they can enforce a charge.

jasonp1972

Thanks for the replies. I am chasing up with the hotel direct to establish whether this has been cancelled and will update in due course. If I do end up appealing it, I will name/shame the hotel of course!

Timothea

The IPC Code of Practice no longer specifies any minimum grace period (of ten minutes or otherwise). However, Xanthanan is correct regarding IPC rule 15.1.

In any case, it is common law that a contract can only exist if there is a valid offer and acceptance of that offer. The IPC Code of Practice is simply restating standard contract law.

The PPC clearly obtained your personal details from DVLA without reasonable cause, which is a breach of the Data Protection Act. You should complain to DVLA and the ICO. You could also make a claim against the PPC and the hotel.

Please read posts #1 and #18 in this thread to understand your options:

https://forums.moneysavingexpert.com/discussion/5585388

jasonp1972

I have spoken to the hotel owner, who has advised (in writing via email) that this has now been cancelled. I don't plan to reply to the parking company who wrote to me originally, so hopefully this will be the end of it. Thanks to all for the advice!