Paid more than fee for the period to park - received PCN - Stennack Car Park, St Ives, Armtrac

skw2602

Hello, I'm hoping for some advice please. In December I parked in Stennack Car Park in St Ives, I did not have the correct change for an hour period (£1) , the machine conveniently does not give change. I therefore paid with a £2 coin which was shown on the ticket although the expiry time was still for an hour. I was around 12 minutes late back to the car past the hour's expiry, however I stupidly assumed that as I had paid more that this would have been taken into account (silly I know, please don't chastise). However I had received a PCN from Armtrac. I then emailed them to state that I had paid more than was adequate for my stay in the car park. However they refused to acknowledge this simply stating that  the 'PCN was issued due to the pay & display ticket on display having expired. Meaning your ticket had expired. Specifically that the time paid for had elapsed and the ticket was no longer valid'.  They stated that the terms and conditions are clearly stated on the signage, along with the tariffs and that there is no option to pay for differing amounts other than the stated tariff and that I had to follow their appeal process. The signage states that I must display a 'valid' ticket. There is no definition of what a 'valid' ticket is, there is also no term stating that only the tariffed amount is accepted, in fact there are no specific payment terms at all. The ticket machine itself does not state 'exact change only' or anything similar about payment. Anyway I decided to wait for the Notice to Keeper, which I received this morning.
So first and foremost my argument is that I have actually overpaid for the period I was parked for and further I don't believe that there is a direct term in the signage that they can argue that I have contravened. I would be prepared to stand up in court and argue this if it got that far, but would rather not have to go through all the stress and hassle. So i'd really welcome some constructive thoughts as to my predicament. 

Thanks 

Redx

Just follow the advice in the newbies FAQ sticky thread near the top of the forum

Ideally you require a landowner cancellation , plan A , because Armtrac are not going to cancel this !! Not at all

But a judge might , in Court , within 6 years

Coupon-mad

No different than any Armtrac thread.  Come back if they sue you.

D_P_Dance

Have you complained to your MP?  

skw2602

Thanks for the comments so far, I have been through the newbies thread. I was hoping for some feedback as to what this forums thoughts are of my defence in my overpayment to park in the first place. I am not really phased by a court claim process. 

nosferatu1001

No, thnats not how it works. You dont get partial credit. It is never how it has worked. 
If you pay £2 for a £1 tarrif, and the next is £3, you dont get to split the difference

skw2602

My contract to park is based on the terms and conditions displayed on the signage though is it not? No where on the signage does it state payment terms other than I must have a valid ticket to park. There is no definition of what valid ticket is or a reference to the tariff or parking charges in the terms and conditions to park. 

nosferatu1001

The ticket showed when it was invalid
Your argument has no merit. 

Coupon-mad

However, that doesn't mean you can't defend the case in court if you get a claim, there are always grounds about small print on signs not being clear.

skw2602

Coupon-mad said:

However, that doesn't mean you can't defend the case in court if you get a claim, there are always grounds about small print on signs not being clear.

Thanks for your reply, that's helpful. Its not like I was trying to get out of paying for the parking in the first place which is annoying, as I had paid albeit not in line with the tariff.  Would there also be any merit in a defence of the charge not being proportionate to the loss?

Coupon-mad

None at all.