Tower road Newquay

Coupon-mad

I think with comments on POPLA 'evidence' it's best to be succinct.

msa123

Submitted at 5pm. Got a response at 8pm.

Successful. Thanks to all for your help and advice.

Umkomaas

msa123 wrote: »

Submitted at 5pm. Got a response at 8pm.

Successful. Thanks to all for your help and advice.

Well done :T.

Can you give us the POPLA assessor's reason for upholding your appeal - copy and paste their response, but please paragraph their usual wall of text so it's more easily read.

msa123

DecisionSuccessful
Assessor NameCarly Law

Assessor summary of operator case
The operator’s case is that the Parking Charge Notice (PCN) was issued as the appellant’s vehicle was on site for longer than the time paid for.

Assessor summary of your case
The appellant has raised several grounds of appeal. These are as follows: • The appellant says that the operator has not provided a sufficient grace period for the driver to read the signage within the car park or to exit the site following the parking period. • They say that they believe the operator does not have a proprietary interest in the land and they require seeing an un-redacted copy of the contract between itself and the landowner. • The appellant says that the signage at the site is not prominent, clear or legible from all parking spaces and there is insufficient notice of the charge amount.

Assessor supporting rational for decision
I acknowledge the reason the operator has issued the PCN. The burden of proof lies with the operator to demonstrate that it has issued the PCN correctly. The operator has issued the PCN as the appellant’s vehicle was parked on site for longer than the time paid for. The operator has provided images from the Automatic Number Plate Recognition (ANPR) system, which shows the appellant’s vehicle entered the site at 17:44 and exited the site at 19:02. A total stay of one hour and 17 minutes. The appellant has raised several grounds of appeal. However, my report will focus on the ground that the appellant says that the operator has not provided a sufficient grace period for the driver to read the signage within the car park or to exit the site following the parking period.

The British Parking Association (BPA) Code of Practice states in section 13.2, “You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action”. The parking operator has provided evidence, which shows that the appellant purchased one hours parking time at 17:49. This is four minutes after the appellant’s vehicle has entered the car park. I am satisfied that this falls within a reasonable grace period to enter the site, find a space and make a payment for parking. The BPA Code of Practice continues in section 13.4, “You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes”.

From the evidence provided, I can see that the appellant’s vehicle exited the site at 19:02. This is 13 minutes after the parking contract expired. Due to the site in question, the time of year and the appellant’s explanation that there were pedestrians in the roadway, along with people carrying surfboards and other traffic, I am satisfied that 13 minutes falls within a reasonable period to exit the car park. As I am satisfied that the duration of the overstay falls within the grace periods permitted with a parking contract, I can only conclude that in this instance, the PCN has been issued incorrectly. As I am allowing the appeal on this basis, I do not need to consider any other grounds of appeal raised by the appellant.

Coupon-mad

Well done Carly Law, agreeing that 13 minutes is OK at Tower Road, as the time taken to leave.

msa123 can we have your POPLA code please, to quote that decision in future?

msa123

coupon-mad wrote: »

well done carly law, agreeing that 13 minutes is ok at tower road, as the time taken to leave.

Msa123 can we have your popla code please, to quote that decision in future?

6062267320