PCN Kingsbridge, by the beach, CEL

Sunshine91

Reviving this thread as I've had an issue with the same carpark (lots of people do!).

I'd really appreciate advice on this. I had an initial letter through which was almost identical to the OP, except that the reason given under 'Terms and Conditions of Parking' were: Payment not made / permit not obtained in accordance with notified terms'

Given that I had actually paid £3, and had evidence (via bank statement) to prove it, I submitted an online appeal thinking it would be straightforward. It's not unusual to receive a PCN from this operator (Civil Enforcement Ltd) regardless of whether payment has been made or not.

However, Civil Enforcement Ltd have responded to my appeal stating that 'This ticket was issued for exceeding the parking time paid for.' (I assume by 'ticket' they are referring to the PCN, which is not a ticket but a Notice to Keeper!)

In terms of the parking details, we arrived at 18:41 and left at 22:05. Signage states that the carpark gate will be locked at 10pm, or words to that effect - but it never is locked, and the parish council website states that the carpark is open 24/7. 

As is pretty standard these days, we didn't have coins on us. We tried paying thru the app but couldn't get signal, so opted for card payment at the machine instead. Using the keypad, where you have to press the + button to increase the meter, it was impossible to pay any sum more than £3. Unfortunately we didn't collect any evidence of this issue, but I remember my wife trying several times to increase the payment without success. 

According to the signage, £3 is the charge for 3 hours and any length of time longer than 4 hours is £4. We tried to pay for the £4 but the machine simply wouldn't let us choose that tariff, so we assumed that we pay the maximum we can and after that is free given that it's into the night hours - that seems to be fairly standard practice for a lot of carparks.

The machine didn't issue any physical ticket either, which meant we didn't have any record of when our parking payment expired.

I realise it's pretty cut and dried that we should have left the carpark at 21:41 (assuming that the £3 only covered 3hrs, but again it's unclear) but I do think that the original PCN was issued in error if it's saying it's been issued because of 'payment not made'. I also feel that they haven't submitted evidence 

I'd be very grateful for any advice on this. I would like to complain to the golf club too as I think they have selected a thoroughly incompetent and excessive operator for their car park in Civil Enforcement Ltd!

Happy to post photos of original PCN and appeal response if that would help.

**Edited to add copy of parking times/charges on the local parish council site, which seems to tie in with the times stated on signage at the carpark. If I can get back to that carpark in the next few days I'll check the signage again. It certainly implies that the carpark is open 24hrs but only chargeable between 9am - 9pm

Fruitcake

Sunshine91 said:

Reviving this thread as I've had an issue with the same carpark (lots of people do!).

Plan A is always a complaint from the registered keeper/hirer to the landowner and their MP and it is never too late to do so.

Having already appealed, did you get a PoPLA code? If so, have you used it yet? If not, do so using all the points available to you from the third post of the NEWBIES including frustration of contract (unable to pay due to faulty machine).

If you need further help, please stat your own thread. Please do not continue on this old thread started by another poster.