Holy Trinity Church Newquay PCN

Coupon-mad

That reads better to me, better to remind POPLA that you only took a perfectly reasonable 3 minutes to find a space, then 8 mins to leave, than quoting some words from P/Eye and the BPA, such that a lazy assessor will side with those words!

Lobsterfish

Thanks for all the help. Popla accepted my appeal!

Le_Kirk

Nice one! Good result.

nosferatu1001

Can we have the full decision, case ref and assessor please?
well done!

Lobsterfish

Assessor NameAdele Ditchfield
Assessor summary of operator case
The operator has issued the Parking Charge Notice (PCN) either not purchasing the appropriate parking time or by remaining at the car park for longer than permitted.

Assessor summary of your case
The appellant says the operator has not allowed a grace period. They state there is no evidence of landowner authority. The appellant states the signage is hidden so a contract cannot be formed.

Assessor supporting rational for decision
The appellant has not identified as the driver of the vehicle on the day of the parking event. As such, I am considering the appellant’s liability for the PCN, as the registered keeper. The operator has provided photographic evidence from Automatic Number Plate Recognition (ANPR) cameras that show the vehicle entering the site at 14:22 and exiting at 15:33, a total duration of 1 hour 11 minutes. The appellant made a payment 3 minutes after entering the site. I am satisfied this is a reasonable period of time to park and purchase a ticket. This means there is an overstay of 8 minutes at the end of the parking period. The British Parking Association Code of Practice states 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. The appellant has explained that it took 8 minutes to leave the bay and queue to exit the car park. I am satisfied that this comes within the time allowed to leave the car park. It is not necessary to assess the remaining ground of appeal. As such, I conclude that the PCN has been issued incorrectly. Accordingly, I must allow this appeal.

Not sure which one the case ref number is but i'll post it up if someone can show me.

Umkomaas

PE should never have sought your data from the DVLA and should have definitely not have issued you with a PCN.

The times on their system are very clear - ticket purchased 3 minutes after entry, so the parking time did not commence until then. 11 minutes ('overstay') minus 3 minutes = 8 minutes, well within the BPA Code of Practice requirements. This is a firm specialising in this stuff and must know that this ticket should never have been pursued and should not have forced you to get it cancelled via POPLA.

If you want to give them some payback, send them a Letter of Claim following the PaP guidelines (link below) seeking £250 for breach of GDPR principles, threatening a MCOL claim if you are not compensated. Play the game they play.

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

Then complain to the DVLA that your personal data has been accessed and released, breaching the privacy to which you are entitled and which the DVLA is responsible for protecting under the DPA and GDPR principles.

ccrt@dvla.gov.uk (or) KADOEservice.support@dvla.gov.uk