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4 min overstay due to breakdown (parkingeye)

I received a NTK from ParkingEye at an Aldi car park.

The NTK doesn't specify what the contravention was, other than saying it was because either the reg number wasn't entered correctly or because the parking exceeded the allowable time.

It is possible that it relates to a 4 min overstay (90 mins allowed, but they clocked the car was there for 94 mins). The reason was breakdown but the car was jump started (no AA etc called, but purchase of jump leads from Wilko and a passerby helped).

Is breakdown without evidence (only purchasing jump leads from Wilko's at the time) sufficient for an appeal?
Should there be a grace period allowance?
Is the fine amount (£70) excessive for 4 min overstay?
What is the best course to appeal?

Thanks in advance

Comments

  • Coupon-mad
    Coupon-mad Posts: 148,181 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 9 August 2023 at 12:30PM
    it's not possible to be a 4 minute overstay because there is a mandatory 10 mins grace period.

    The PCN must be for not inputting your VRM or for making a VRM typo if you did use the machine inside Aldi.

    Is breakdown without evidence (only purchasing jump leads from Wilko's at the time) sufficient for an appeal?
    NO.  Do you have an Aldi receipt?  That would work and you can also complain to Aldi and/or whoever runs the retail park (if Wilko is onsite too, there will be a managing agent's name on the entrance welcome plinth - complain to that site agent with your Wilko evidence FIRST).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • LoneStarState
    LoneStarState Posts: 143 Forumite
    Seventh Anniversary 100 Posts Name Dropper
    edited 9 August 2023 at 12:43PM
    They have to provide a grace period for leaving the car park and 4 minutes would definitely fall within that allowance.  This will be specified in the BPA'S Approved Operator Scheme Code of Practice.  Refer to the correct revision of the code of practice as you'll need that for the second stage appeal at POPLA as ParkingEye will definitely reject your first line of appeal off hand.

    The jump lead purchase supports on the balance of probabilities that the minor overstay was due to car not starting and a claim of frustration of contract due to an event outside of your control occurring but is unlikely to be persuasive and the grace period point is far stronger.

    Make sure to read the newbies thread and send an initial appeal as recommended in that thread without revealing the driver.  You should in parallel contact Aldi senior management complaining about the PCN and demanding a cancellation outlining the valid reasons you have above.  Proof of patronage, proof of jump lead purchase and quoting from the BPA Code of practice should suffice for Aldi to call off their ill trained dogs.
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