PCN for having exceeded the time limit

olgadapolga

Well, I didn't expect to find myself here as my household always try to avoid any car park "managed" by these people! I have read some of the threads over the years and it's amazing the hours and work the regulars put into this forum, so thank you for that.

There is a backstory to all of this but I am not sure if it's relevant so I'll leave it out for now.

The short story is that the car for which I am the registered keeper was parked at St Michael's Retail Park, Basingstoke and I have now received a "Postal Notification of Parking Charge to Keeper" for "parking having exceeded the time limit". The driver of the vehicle did not see any signs on the way into the car parking area, otherwise they would have left the park. It was dark and no signs were noticed.

One of the passengers in the car does have a condition which is regarded as a disability under The Equality Act 2010.

The NTK was received yesterday, 03/12/2021. The images are not particularly clear, especially the one of the car leaving the site as the number plate cannot be read.


So far I have:

• Complained to the restaurant we used via email
• Complained to the agents of the retail park via email
• Complained to the landowner (all directors and company secretary plus generic letter to whomever it may concern) via post as no email address available
• Complained to my MP

I am struggling a little with some of the other things, for example, is it POFA compliant (I think that it may be) and how to put an appeal together. This is partly because I had a brain injury a couple of years ago and I have to read things many times in order to comprehend them fully. With the appeal, do I just copy & paste from the Newbies thread, or do I add the backstory (not that they would be interested, of course)? I will keep reading the information but it can take me a long time to "get it" and I want to get the appeal in asap.

I've attached a copy of the NTK. Please be gentle with me, I'm in a nightmare situation at home (one of my children is very, very unwell and almost died recently) and receiving this was the final straw that reduced me to tears. I can't remember the last time I cried. My DH said that I should just pay it but I'd rather not as it's money we can ill-afford to lose at the moment.

Thank you for any and all comments. 

Fruitcake

Send the appeal template in blue exactly as it appears in the sticky Announcement for NEWBIES. Send it unaltered from The Keeper. Do not include the back story.
Add a one liner to the appeal that an occupant of the car has a disability that is classified as a protected characteristics as defined by the Equality Act 2010, and needed more time than that allowed for able bodies motorists, and therefore a reasonable adjustment of allowing more time than displayed in the signs is appropriate.

D_P_Dance

That park has a Currys, Wrens, seval restaurants, a gym, and much much more.

I would not expect the parking time to be any less that 4 hours.  Have you complained to your MP,  the Council, the local Chamber of Commerce and local, newspapers and radio station?

olgadapolga

@Fruitcake, thank you so much, I will get the appeal submitted today

Redx

Keep mithering those people you complained to as well , ideally you require a landowner cancellation or retail park management cancellation , especially due to the EA 2010

You should expect a rejection by pcm UK to your appeal , but do it anyway , adding the extras about the EA 2010 , so they can't say that they were not told in the future

ImNoExpert

Looking at Google Street View, was the vehicle parked in the small parking area by Costa / Greggs / Nandos? This seems to be marked as a short stay parking area, with a 30 minute max - which seems ridiculously short considering it's next to a restaurant like Nando's.

I actually can't really see any other parking signs in the main car park - I wonder if this small area is the only area that has a limit?

https://www.google.com/maps/@51.2517962,-1.1081385,3a,19.2y,30.17h,89.39t/data=!3m6!1e1!3m4!1sG-2nSlBE8cG8s_eiqbLw5Q!2e0!7i16384!8i8192

Retail Park Contacts: https://www.stmichaelsretailpark.co.uk/contacts
News: https://www.basingstokegazette.co.uk/news/19057845.going-parking-st-michaels-retail-park/

olgadapolga

ImNoExpert said:

Looking at Google Street View, was the vehicle parked in the small parking area by Costa / Greggs / Nandos? This seems to be marked as a short stay parking area, with a 30 minute max - which seems ridiculously short considering it's next to a restaurant like Nando's.

I actually can't really see any other parking signs in the main car park - I wonder if this small area is the only area that has a limit?

https://www.google.com/maps/@51.2517962,-1.1081385,3a,19.2y,30.17h,89.39t/data=!3m6!1e1!3m4!1sG-2nSlBE8cG8s_eiqbLw5Q!2e0!7i16384!8i8192

Retail Park Contacts: https://www.stmichaelsretailpark.co.uk/contacts
News: https://www.basingstokegazette.co.uk/news/19057845.going-parking-st-michaels-retail-park/

Yes, that was the area of the car park. According to what I've found out, it was a requirement of the council giving planning permission that this area has a 30 minute limit.

I'll be going back there tonight to get images of it all. In the dark. 

Umkomaas

I'll be going back there tonight to get images of it all. In the dark. 

That's a good plan. Remember photos without flash. 

olgadapolga

Unfortunately, I think that this is a lost cause. I will load the photos up tomorrow as my phone has died and the charger is upstairs but they are very clear, although they were not seen upon entering the parking area. 

D_P_Dance

Of course this is not a lost cause.  I was kept waiting at  Currys for over two hours a couple of years ago when I was buying several large appliances on a business account.   I expect ordering a kitchen at Wrns is a long business as well. 

olgadapolga

Okay, so we went to the park last night and made a video of the way into the particular area where we had previously parked. I (as passenger) saw the signs but my husband (who drove last night but not on the night in question) did not see them. There were lots of signs advising of the time limit but the driver on the night in question backed into a parking space and did not see the signs behind the car. The driver did not see the signs on the other side of the car parking area (the direction in which the car was then facing) as the car park was full and the occupants were trying to find their way to the restaurant. I've made some plans of the car park and which sign is where. My photos aren't the best I'm afraid...

So this is the area in question



The signs below are indicated on the following image in red:



(I didn't use a flash BTW, that was a light behind the sign)



There are a couple of signs on the way into the car park so the photos of the signs are first, followed by the position on another image:


(I was a lot closer to the sign above than if I'd been in the car)




Interestingly, someone has added notices at ground level by the entrance to the shops/restaurant but these weren't seen on the night either, as the driver was worried about the other occupant:



I've got some other photos as well, such as this one which was taken from the space I parked in, directly across the car parking area:



The signs are quite high up, they certainly aren't at a height that a driver in a car could read, nor are they at a comfortable reading height for a pedestrian.