ParkingEye @ Ocean Terminal, Southampton

c1223

I think this a bit of an unfortunate one here. As RK of a car, I've received a parking charge for a 13 minute stay in a short stay car park at Ocean Terminal, Southampton.

Having spoken to the driver, they have said that they entered the car park and genuinely tried to pay, however the machine did not accept their debit card. In the time they had driven in, found a space, and attempted to pay, the people they were picking up had arrived at the car, therefore they drove out.

In this instance, they have overstayed the grace period of 10 minutes. In my brief conversation over WhatsApp with the driver, I believe it to be 100% true that they attempted to pay, but could not.

My initial feeling was that I would lodge an appeal based on the fact that they genuinely tried to pay, but for whatever reason, payment was not accepted. I'm still waiting to hear back from the driver about whether they have any proof that payment was declined (either a receipt or photo of a message etc...). However, I feel like I'll just be told to politely go away.

Having done some research, it seems that the land is subject to ABP bylaws and therefore not relevant land with respect to PoFA. This thread and this one have details of a POPLA appeal win.

My two questions are:

1. Is the information in the two linked threads still valid?
2. What is my best approach with respect to the appeal? Be honest and explain the situation or just go for the "not relevant land" argument?

For information, the NtK arrived within the specified timeframe and follows the rules of PoFA.

Coupon-mad

My two questions are:
Is the information in the two linked threads still valid?

Yes but at POPLA stage you would need to show evidence that the site is covered by bylaws. PE will disagree so evidence is key (maps, quote from bylaws, etc).

What is my best approach with respect to the appeal? Be honest and explain the situation or just go for the "not relevant land" argument?

Neither, just use the ''one-size fits all'' template appeal from the NEWBIES thread, that everyone needs to read first.

No point writing your own at this stage which is just a stepping stone to POPLA. Also there's a danger of implying who was driving.

Umkomaas

There are two 'mandatory' (BPA Code of Practice) grace periods - a reasonable amount of time to enter the car park, find a space, read the signs, decide whether to stay or leave, purchase a ticket etc. Then there is a minimum of 10 minutes in which to get back in the vehicle (driver and any passengers) and drive out of the parking space, find way to the exit (where the ANPR cameras are invariably sited) and finally leave the site.

Given you have an entitlement to a minimum of 10 minutes at the end of parking (essentially 11 minutes +) there is no way that the front end could be achieved in 2 minutes.