Parking Charge Notice - Defence Submission

allshallbewell · 23 February 2024 at 2:00PM

Thanks. One little point. The pay and display machine I used was an old 'coin only' one (photographed) that has now been replaced with a modern 'card or coin' (photographed). It failed to give me change but had no notice saying that overpayment was accepted. The money they kept would have bought a few minutes additional parking at their published rate. Worth mentioning?

Castle · 23 February 2024 at 2:06PM

allshallbewell said:

Thanks. One little point. The pay and display machine I used was an old 'coin only' one (photographed) that has now been replaced with a modern 'card or coin' (photographed). It failed to give me change but had no notice saying that overpayment was accepted. The money they kept would have bought a few minutes additional parking at their published rate. Worth mentioning?

HMRC v NCP supports your defence that the contract is concluded when the overpayment is accepted.

allshallbewell · 23 February 2024 at 7:38PM

DLUHC Code of Practice defines consideration period as "time allowed for a driver to read and understand the terms and conditions applying on controlled land, identify and access appropriate space in which to park their vehicle, ending when the vehicle is parked, or departs" - for P&D parking 5min and Grace period as "length of time to be added to a parking period within which time no parking charge applies" Does this mean in P&D car parks the driver should be given 15 minutes before a PCN can be served?

Coupon-mad · 23 February 2024 at 10:31PM

In future yes.

allshallbewell · 24 February 2024 at 11:55AM

Thanks Castle. An overpayment was taken but not 'accepted' as there was no notice saying so - and this means that the payee is technically in breach of contract - I wonder.