Parking charge notice from ARDPark for 2 hours 11 minutes parking

fmn1234

Hi, I just received a PCN from ARDPark in Trout Farm in Bibury for parking for 2 hours and 11 minutes.
The ANPR shows the entry at 13:57 (evidenced), and I spent a few minutes wandering around to find a parking spot.
I got a parking spot and paid for 2 hours parking at 14:05 (evidenced).

However, the ANPR picture shows the exit at 16:08 (evidenced).

Did I breach the contract?

ARDPark is a member of IPC, so the IPC code of conduct should be used

On IPC Code of Conduct point 13 about " Consideration and Grace Periods on Private Land", it says:

• 13.2. Before a Parking Charge is issued Motorists must be allowed a Grace Period save and except when 13.3 is applicable. A Grace Period is a 10 minute period at the end of a Permitted Period of Parking.
• 13.3. A Grace Period is not required when the Permitted Period of Parking does not exceed 1 hour providing that the signage on the site makes it clear to the Motorist, in a prominent font, that no Grace Period applies on that land.

Based on those 2 points, I infer:

• that the Grace Period is applicable (because the Permitted Period of Parking exceeds 1 hour, i.e. 2 hours);
• that I left the parking area still within the Grace Period (because the payment was made at 14:05 and I left 2 hours 3 minutes after that).
  

The only thing that I'm unsure is the term Permitted Period of Parking.

Does that start when I entered the parking area or when the payment was made?

Thanks.

beamerguy

I know Bibury and the trout farm.  Been there a few times and always found a space opposite the entrance, never seen a PPC present or signs,  

Shame if they are there, it will ruin the village. Anyway ANPR is not 100% and they should allow 10 minutes on entry for you to decide and the same on exit 
ARDPark are probably in the same position as all PPC's whereby there is little or no income due to the virus. 
Appeal to them pointing out the IPC code of practice with a request to cancel, let's see what they say. No point in appealing to the IPC, it is a scam organisation. 
Normally we would say to contact the landowner but as Bibury is a village that will take some work.
Come back when they reply

Castle

I think that the Trout farm is owned by Bradvine Ltd (Company number 04255679), although it was up for sale at the end of 2018.

beamerguy

Castle said:

I think that the Trout farm is owned by Bradvine Ltd (Company number 04255679), although it was up for sale at the end of 2018.

The thing is that the trout farm is on the opposite side of the road to where cars park which is public parking, no signs and no time limits. There is a coach park but again public. Not sure where there is a car park as such, parking is on the road

Just looked at their website
https://www.biburytroutfarm.co.uk/

And they say .....

Free car parking when admission is paid to visit the farm 

Car registration must be entered into the tablet at the till otherwise you are will receive a fine 

That is new, I was there in 2019 (summer)

Coupon-mad

Hope the OP has read the NEWBIES thread and realises the appeal isn't designed to work. 
It's an IPC scam firm.  No, you didn't breach the contract and should have been allowed a reasonable period to find a parking space and your contract only started when you made the payment. 

Keep proof of payment if you still have it because these cases are won in court, where evidence is what you want. 

They are NOT won at appeal.  The entire industry operates a sham appeals procedure that the Government is about the replace, in due course.  

NO-ONE PAYS THESE.
KEEP ALL LETTERS AND DO APPEAL ONCE LIKE THE NEWBIES THREAD TELLS YOU.

Umkomaas

We've had one previous Bibury Trout Farm saga. @fmn1234, please read the thread. It petered out last year, and as we've heard no more, I suspect nothing further has happened. Why not PM the originator and ask what the current position is.

https://forums.moneysavingexpert.com/discussion/6033345/ardpark-pcn/p1

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up later this year,

Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

fmn1234

Thank you all for the replies. Unfortunately, I have applied for an appeal to the PPC (before finding out this forum), but I haven't sent an appeal to IPC. I am thinking of just ignore the charge until they bring it to the court (if they do). That's why I'm gathering my defence.

I went back to Bibury this morning (I live nearby) to take a picture of the T&Cs (see below) and it says "Payment must cover the entire stay within the car park".

If I just read the T&C above, it seems like I breach the term. I'm not sure if there is a law that can override the T&C above.

D_P_Dance

The TnC are, imo, far too wordy and the print is too small, it is likely that a judge might agree with me, read this.

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up later this year,

Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

Fruitcake

Parking time and time on site are not the same thing. This is one of the reasons why ANPR scameras have been banned for car park monitoring on council or local authority land by the UK government. Unfortunately unregulated parking scammers are allowed to use unfit for use ANPR scameras because they are unregulated.

In addition, driving around looking for a space is not parking.

http://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html

You have appealed to the scammers. There is nothing more you can do now except wait to see if the scammers start a court claim in the next six years or not.

Get pics of the site and signage, complain to the landowner, complain to your MP about this unregulated scam, and leave negative feedback on the trout farm website to warn other people about the extra charges that will be levied against genuine visitors.

Coupon-mad

Stop panicking - you have a defence about consideration and grace periods before and after parking.  This is something a Judge will consider, and the PCN is a scam.