Car parks with ANPR cameras but no barriers - entry time vs ticket purchase time

systemparadox

We've just received a parking fine in the post. We entered at 1700 (according to ANPR) and waited in the car for a friend to arrive, then we bought a ticket and left. Because our friend was delayed we didn't buy the ticket until 1727 (as shown on the ticket). We paid for 2 hours and left at 1930 (according to ANPR).

Is there any recourse to contest this?

My issue is that this is unlike any carpark I have ever encountered. Normally you just park up and buy a ticket that expires at a particular time and somebody comes round periodically to check that all the cars have valid tickets on. Otherwise, it's a barrier system that uses ANPR and/or gives you a ticket/token on the way in.

What's misleading is that it looks and feels like the former (where in practice the parking starts when you get a ticket and leave your car unattended rather than when you enter), but operates strictly like the latter.

Unfortunately since the ticket says "Paid amount" and "Issued time" rather than "Expiry time", and since the terms and conditions sign on site says that the time starts when I enter I suspect I don't have much of a case here unless it can be considered unreasonable on the grounds that the setup is misleading? Since it's unusual I feel like there should be clearer signage to explain that you have to pay from the time of entry not the time you buy a ticket?

zoob

So you bought a ticket for 2 hours but parked for over 2 hours 30 minutes and wondering  why you got a fine?

oldernonethewiser

Private car park - not a fine.

emming

I was in a similar situation, but it was a car park that just registered your number plate on entry and exit (no ticket machine). We contested going over the allotted time (we had no idea there was an allotted time in the first place - the signs were not obvious). I said that we hadn't been aware there was an allotted time and provided copies of receipts to prove we had shopped in the local area and hadn't just parked and gone off (which is what they are afraid of). The fine was reduced from £100 to under £20 so it was worth contesting. I'd always go back to the company to put across your point - it won't hurt and it may save you some money. 

oldernonethewiser

This thread is in the wrong section.

Have you read the relevant info on the Newbies thread?

https://forums.moneysavingexpert.com/categories/parking-tickets-fines-parking

MSE_ForumTeam5

We've moved this thread to the Parking board

UncleThomasCobley

systemparadox said:

We've just received a parking fine in the post. 

No you haven't. You've received a speculative invoice for an alleged breach of contract from an unregulated private parking company.

Read the Newbies/FAQ thread for advice on what to do.

Coupon-mad

zoob said:

So you bought a ticket for 2 hours but parked for over 2 hours 30 minutes and wondering  why you got a fine?

It's not a fine.

1505grandad

Who is the parking company?

fisherjim

This is not a fine, nor is it an unusual set up, there are literally hundreds of car parks that are operated in this way. PPC's have devised this as a way of making mugs out of the motorist and make easy pickings in an unregulated industry.

We all know that PPC's are in a rogues industry and try it on all the time, but I cannot follow your logic of expecting to stay parked up for two and a half hours and think paying for two was OK you chanced it and lost, however doesn't make it fair and it depends on a number of things on how this will be put to bed.

You need to start by reading the newbies thread on here and answering 1505 grandad's question for starters.

systemparadox

The parking company is Smart Parking. I haven't got anywhere with the store, they're insisting that they don't own the land and aren't interested in doing anything about it (never going back there again!).

The FAQ suggests that Smart Parking don't use the right wording about "keeper liability" and so I can appeal to POPLA and they'll overturn it?

I read through the POFA 2012 but I'm not entirely sure about this. I've attached the (redacted!) notice, does anyone have any advice about this?

Possibly they don't comply with 9 (2) points (e) "state that the creditor does not know both the name of the driver and a current address for service for the driver" and (f) "warn the keeper that... the creditor will have the right to recover from the keeper so much of that amount as remains unpaid"?