Wrong car park address on PCN?

Silverbullet12

The PCN says 'Time in car park: 0 hours 11 minutes'. And on the back it says the vehicle 'entered the car park at 17:55:06 and departed at 18:07:05'.

Redx

Silverbullet12 said:

The PCN says 'Time in car park: 0 hours 11 minutes'. And on the back it says the vehicle 'entered the car park at 17:55:06 and departed at 18:07:05'.

So grace periods apply , download and read the BPA CoP version 8 dated January 2020

The fact that it's difficult to leave due to traffic etc is a factor , plus no offer for a charge for a short period of time , so frustration of contract , twice

Appeal as keeper using the blue text template , adding a note that

The driver found that the PDT machine failed to offer a reasonable contract for a short visit , plus the vehicle was prevented from leaving due to traffic congestion on the main road by the exit , so two instances of frustration of contract , but the driver left in a timely manner as soon as they were able

Silverbullet12

Redx said:

So grace periods apply , download and read the BPA CoP version 8 dated January 2020

The fact that it's difficult to leave due to traffic etc is a factor , plus no offer for a charge for a short period of time , so frustration of contract , twice

Appeal as keeper using the blue text template , adding a note that

The driver found that the PDT machine failed to offer a reasonable contract for a short visit , plus the vehicle was prevented from leaving due to traffic congestion on the main road by the exit , so two instances of frustration of contract , but the driver left in a timely manner as soon as they were able

Brilliant thanks for this !

Jenni_D

They are idiots for even sending that PCN ... as a BPA AOS member then they should know that the BPA code of practice covers this. 🙄 Even if they reject your PCN appeal this will be a slam-dunk win at POPLA with a properly-worded appeal.

You could use the blue template appeal from the NEWBIES, but in this case I think a very simple PCN appeal could be used? (Don't use this without others first agreeing/editing).

The driver of the vehicle entered the car park, stopped to review signage, saw that only a day-rate was offered (whereas the driver only needed to park for 30 minutes) so the driver exited the car park as soon as possible taking account of the traffic on XX road.
Per your APA's Code of Practice section 13 then the driver should be allowed a minimum of 5 minutes consideration (13.1) given that a parking event did not take place. A grace period to leave the car park is also expected - as the driver was prevented from leaving in a more timely manner by traffic on XX road then that indicates that your ANPR cameras are positioned to entrap motorists who are acting lawfully.

Silverbullet12

Hi all, 

I just thought I would give a quick update on this one for anyone who's interested.  I appealed to POPLA and my main points were: poor signage, a delay exiting the car park, absence of a short stay tariff and also the wrong car park address on the PCN.  POPLA rejected the appeal.

After I received a 'letter before county court claim' I went to see my MP and explained what had happed.  He wrote a letter to Parking Eye, who a few weeks later agreed to cancel the fine as a gesture of 'goodwill', but maintained that they believed I had breached a contract with them and that the PCN was issued correctly. I'm not sure if this suggests that Parking Eye felt that their chances of winning at the small claims court were low?

Trainerman

Just goes to show how poor PoPLA really are. Roll on a proper appeals service

Coupon-mad

Silverbullet12 said:

Hi all, 

I just thought I would give a quick update on this one for anyone who's interested.  I appealed to POPLA and my main points were: poor signage, a delay exiting the car park, absence of a short stay tariff and also the wrong car park address on the PCN.  POPLA rejected the appeal.

After I received a 'letter before county court claim' I went to see my MP and explained what had happed.  He wrote a letter to Parking Eye, who a few weeks later agreed to cancel the fine as a gesture of 'goodwill', but maintained that they believed I had breached a contract with them and that the PCN was issued correctly. I'm not sure if this suggests that Parking Eye felt that their chances of winning at the small claims court were low?

Well done!

Complaining to your MP is always worthwhile (some MPs are better than others, of course).  Just shows that even after losing at POPLA, PE can certainly cancel a case.

Johnersh

I think the basic rule *ought* to be anything over 12 mins before ANPR should be programmed to trigger enforcement. That is, broadly calculated:

* 4 mins to park
* 4 mins to read
* 4 mins to exit

Obviously it'll often be less time to read or potentially longer to park. But it would reduce many of these.