PCN from ParkingEye - grace period?

balsingh

Hi,

Having used this forum before to successfully appeal a PCN, from what I think I am reading, with ParkingEye, the standard templated response won't work. Therefore, thought I'd explain my situation.

Arrived at the car park which is on private land behind an office block (not a supermarket or anything like that hence not able to use Plan A).

The PCN says I arrived at 1.10pm and left at 2.22pm (2h12) so assuming this was picked up by a camera on entry/exit. Worth noting that by the time I found a space, parked up and purchased 2hrs parking, it was already 1.13pm and this time is shown on the receipt from the machine (which I am now glad I kept). On returning to the car, getting the shopping and family in, by the time I left, it must have hit 2.22pm as per the timing on the PCN.

My query is whether there should be some grace period to allow time to find and pay for parking and then the same on return as it can sometimes be busy leaving a car park. If you take the time that I purchased the parking at 1.13pm and the leaving time of 2.22pm, that is the 2h 9m which is 9min over the 2hrs which I paid for. Is that a reasonable appeal? Should they be giving a 10-15min grace period? Most other car parks do give you some element of leaving time.

Thx in advance.

Coupon-mad

...arrived at 1.10pm and left at 2.22pm (2h12) 

That's one hour 12 minutes.

This isn't about an overstay if those times are right.  It will be a VRM keying error.

balsingh

Sorry! Silly me. The time I left was 3,22pm, not 2.22pm!

Coupon-mad

OK, so your question is sort of answered by the current (useless on grace periods) BPA CoP, which is about to be replaced by the Government, with a proper Code of Practice.  Next year!

At the moment you are lumbered with the BPA CoP which only allows 'a minimum of 10 minutes' after an allowed period of parking ends BUT the commencement of that period is 'rewound' and unknown to drivers, it starts ON ARRIVAL PAST THE CAMERA (so says the BPA, since they moved the goalposts to suit their fee-paying members in 2020).

There is a consideration period of 5 minutes but the BPA CoP 2020 disingenuously says that this 'now you see it, now you don't' allowance falls away once the driver decides to stay.  Yep! Disappears in a puff of smoke even though that's not what the BPA used to say!

Ludicrously unfair twaddle.

But hey, that's only what the BPA (i.e. one of the two rival PPCs' old boys clubs) said from 2020.  They are the parking firms' voice.  They have no clout.

They are NOT a regulator.

In fact, the Government's temporarily stalled new Code, which is being resurrected next month to push it through for 2024 implementation (at last!) says the opposite of that twaddle. It's not a coincidence that I was on the Steering Group.  The proper, statutory, incoming Code says there will be a consideration period plus a grace period.

And this is also trite law.

NCP v HMRC states that the contract starts when the driver pays and presses the 'green button'.

POPLA might agree with you, if you state the above, setting out in detail what was required for you to enter, find a space, park, get the kids safely out and go & pay at the machine.  Which all in all only took 3 minutes; this is perfectly reasonable and is proved by the timing on the ticket (attached photo).

The driver paid in full and relied upon the 'consumer notice' of the p&d ticket's printed 'expiry' time.  Under the Consumer Rights Act 2015 consumer notices must be fair and not ambiguous.  If terms or consumer notices are ambiguous, that Act says this in the Explanatory Notes:

"Section 69: Contract terms that may have different meanings

331.  Contract terms can be ambiguous and capable of being interpreted in different ways [...] this section ensures that the interpretation that is most beneficial to the consumer, rather than the trader, is the interpretation that is used." 

https://www.legislation.gov.uk/ukpga/2015/15/notes/division/3/2?view=plain#:~:text=Contract%20terms%20can%20be%20ambiguous,the%20interpretation%20that%20is%20used.

The Act itself makes it clear this interpretation in favour of consumers is mandatory, so POPLA has no discretion on this clear point of statute law:
https://www.legislation.gov.uk/ukpga/2015/15/part/2/enacted

s69. Contract terms that may have different meanings:  (1) "If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail."

Thus, the legal position is as follows:

The p&d ticket communicated that the expiry of the allowed parking time was at 3.13pm.  The BPA CoP says that AOS members must allow at least ten minutes after expiry of paid-for time.  The car had left within nine minutes.  The PCN was not properly given.

Also quote the 'green button' case law.

You will find POPLA Appeals to copy that extra point from, if you search the forum for POPLA GREEN BUTTON MACHINE or similar.

Umkomaas

NCP v HMRC states that the contract starts when the driver pays and presses the 'green button'.

https://www.bailii.org/ew/cases/EWCA/Civ/2019/854.html

balsingh

Thanks for all the information. Very helpful and I'll start putting the appeal wording together. Is it okay to include the links to the cases/legislation as provided or should I just use them as discussion points? Thx

Coupon-mad

You must include the links.  I wrote that bit for you to copy & paste.

balsingh

Thanks again. I'll keep you posted on theie repsonse which will hopefully be a cancel of the PCN