Brook Street -1 Peterborough - POPLA help

sbest2000

I am wondering if anyone can help with any specific information about this car park?

I received a Parking Eye charge notice after a 7 minute stay at this car park. I arrived, downloaded the app to pay, before realising that the maximum stay was 12 hours (not long enough for what I needed), so then left to park elsewhere.

I appealed to Parking Eye on the basis of reasonable consideration period, which was rejected, so then appealed to POPLA.

The primary grounds being that 7 minutes was a reasonable consideration period. I used the fact that the car park was poorly lit, pot-holed, with little to no bay markings to explain why it took 7 minutes. I explained the circumstances around the event (an unexpected stay in Peterborough after rushing baby daughter to hospital). Trying my luck a little, I questioned the signage in the car park and requested a copy of their contract with the landowner.

I have now received their evidence through POPLA for comment. 

They have referred me to clause 13.1 of the current BPA code of practice which states that the minimum consideration period must be 5 minutes (which I exceeded). The copy of the contract looks ok as far as I can tell. And their images of the signage and car park look generally OK (although reference to ANPR is very small text). Unfortunately, I live 150 miles away to go and take my own images.

Initially, I naively thought that explaining the circumstances and the fact it was only 7 minutes, would be enough to be successful. Having now spent some time on these forums, I can now see that is very much not the case! 

I still have the opportunity to pay the reduced £60 charge for now. Given my main reasonable consideration argument seems doomed by being over 5 minutes, I am wondering if best just to pay up. But am wondering if anyone has had success appealing a charge from this car park?

sbest2000

Ah, have just re-read the appeal rejection and see that the full £100 will be due regardless as I have appealed to POPLA. However any comments on the reasonable consideration period, or this car park in particular would still be appreciated 

DE_612183

Isn't the consideration period 5 minutes upon entry and 5 to leave?

KeithP

As they have pointed out, the five minutes consideration period is the minimum time allowed.

It is not a maximum consideration period which once exceeded means a Parking Charge must be issued.

They seem to be saying "Sorry, but it's not our fault. It's in the BPA's rules and we have to follow them".

There is absolutely nothing in the BPA's CoP stating that they cannot allow you longer than that.

sbest2000

Not as far as I can see on the BPA Code of Practice. Point 13.6 is also quite unhelpful 'there is no requirement for you to offer an additional allowance on top of a consideration or grace period'

Coupon-mad

Just do your comments reiterating why it took seven minutes.