Parking Eye 23 minute overstay

zoole

Got a PCN after parking for business purposes. Paid for 2 hours, meeting overran and paid for another 2 hours. Got the charge as I overstayed. Appealed to the company and POPLA the reply is below. I feel from a common sense point of view I'm in the right, but am aware that the law may not look at it that way. Paying for two separate 2 hour sessions of parking cost me more but apparently doesn't help my case.

Is it worth taking it any further?

DecisionUnsuccessful
Assessor NameSteve Macallan
Assessor summary of operator case
The operator states that it issued the Parking Charge Notice (PCN), because the vehicle with registration xxxxx, either did “not [purchase] the appropriate parking time or [remained] at the car park for longer than permitted” at xxxxxxx xxxxxxx xxxxxxx August 2017.

Assessor summary of your case
The appellant states that he was attending the hospital for business reasons. He says he purchased two hours of parking time and then later purchased a second ticket for another two hours. He states that the operator has not taken into account the time it took to park and also depart the site. He says that he was queued in the car park for around 30 minutes in total, to find a bay and later depart the site. The appellant has provided his two parking tickets.

Assessor supporting rational for decision
The terms and conditions state: “Parking Tariffs Apply” and that “Failure to comply with the terms & conditions will result in a Parking Charge of: £70”. The operator has provided photographic evidence of the vehicle arriving at 10:41 and departing at 15:04, remaining for a total of four hours and 23 minutes. In addition, there is a system print-out showing the two payments the appellant made. The appellant purchased his first ticket at 10:48 and purchased a total of four hours of parking. This means the parking period ended at 14:48. As the vehicle departed at 15:04, this leaves an overstay of 16 minutes. The British Parking Association (BPA) Code of Practice section 13.4, regarding “Grace periods”, states that operator’s “should allow the driver a reasonable period to leave the private car park after the parking contract has ended…the Grace Period at the end of the parking period should be a minimum of 10 minutes". In his initial appeal to the operator, the appellant states: “We were slightly delayed on our return to my car due to traffic, and I left as soon as I returned to my car”. This grace period is for the vehicle to depart, not for the time taken for the driver to return to his vehicle. Therefore, I cannot consider 16 minutes to be a reasonable grace period in this instance. When parking on private land it is the motorist’s responsibility to be aware of the terms and conditions of the site they are entering before deciding to park. The terms and tariffs are clear, but the vehicle remained for longer than the purchased parking time. Therefore, I am satisfied that he did not park in accordance with the terms and conditions at the site. As such, the operator correctly issued the PCN and I must refuse this appeal

fisherjim

Take it further?

What "law" are you referring to with a private parking company?

What happened when you complained to the hospital?

Coupon-mad

I would wait for the LBCCC - also try a complaint to the Hospital Facilities Manager.

zoole

fisherjim wrote: »

Take it further?

What "law" are you referring to with a private parking company?

What happened when you complained to the hospital?

Just went straight through the parking company. I'll get in touch with them.

Redx

you should have done that in the first place

complaining to PALS and/or THE TRUST is always the first port of call