PCN for 6 minute stay - Lido 2 Margate

IL_Tiburon

Hi all, I received a parking eye PCN last week for being "parked" for 6 minutes without paying. The situation was that the driver entered the car park (Lido 2, Margate), and went to pay at the machine, but the contactless payment was not working and the driver had no change (although there is no proof of the machine not working). The driver considered alternative parking options and left, with the total stay amounting to 6 minutes, resulting in the PCN. 

In particular there are 2 points I would like help with if anyone has any knowledge/advice:

1) Identifying the land owner:
I'd like to be able to follow plan A and complain to the land owner, but I'm struggling to identify who it is. From what I can tell it was owned by a company called STOUR SIDE DEVELOPMENTS LIMITED, which went in to administration and it is now leased to a company called LIDO STREETVIEW LTD, but I can't find much information about them at all - I was wondering if anyone has any experience with appealing a PCN from this car park in the past and has any info on how to contact the landowner?

2) Appeal strategy
I have found a couple of successful appeals against PCNs from this car park in the forum - one was granted on the grounds that the proof of landowner authority was an outdated document from 2016 that had no expiry date. Further, the company giving authority was dissolved in 2022, and private eye were still using this document as proof authority as recently as October this year. 

https://forums.moneysavingexpert.com/discussion/6302577/popla-appeal-parkingeye-100-fine-for-spending-10-minutes-in-a-car-park-without-parking/p2

Another was granted on the grounds that 6 minutes was a reasonable consideration period to find a parking space, leave the car, locate the signs and understand them, check the payment methods, and leave the car park once they didn't agree with the terms. 

See 'thecoat's comment on https://forums.moneysavingexpert.com/discussion/comment/80373775#Comment_80373775

My question is, which route shall I take in my appeal for maximum probability of success? Also, can I cite previous decisions in my appeal to POPLA? And does the content of my appeal to parkingeye make any difference or will they always reject it?

Thanks for any help, I'm very new to this and just want to make sure I get it right!

Fruitcake

You can't appeal to PoPLA until you have made the initial appeal to PE. For this, the keeper should use the template in blue text found in the sticky Announcement for NEWBIES.
Check first whether the NTK is or is not PoFA compliant. I believe the NEWBIES includes a PE non PoFA complaint NTK, referred to as a golden ticket.
Add a few one liners if you wish that PE do not have a contract with the operator, ANPR scameras only record time on site, not parking time and PE have not proved that the car was parked in excess of five minutes.
If the NTK was not PoFA compliant then do mention it.

Don't spend to much effort on the initial appeal though. It's designed to get a PoPLA code without revealing the driver's identity.

Le_Kirk

Further, the company giving authority was dissolved in 2022, and private eye were still using this document as proof authority as recently as October this year. 

I hope you meant to write ParkingEye!

IL_Tiburon

Le_Kirk said:

Further, the company giving authority was dissolved in 2022, and private eye were still using this document as proof authority as recently as October this year. 

I hope you meant to write ParkingEye!

I keep doing that! Will try to refer to them as PE from now on

IL_Tiburon

Fruitcake said:

You can't appeal to PoPLA until you have made the initial appeal to PE. For this, the keeper should use the template in blue text found in the sticky Announcement for NEWBIES.
Check first whether the NTK is or is not PoFA compliant. I believe the NEWBIES includes a PE non PoFA complaint NTK, referred to as a golden ticket.
Add a few one liners if you wish that PE do not have a contract with the operator, ANPR scameras only record time on site, not parking time and PE have not proved that the car was parked in excess of five minutes.
If the NTK was not PoFA compliant then do mention it.

Don't spend to much effort on the initial appeal though. It's designed to get a PoPLA code without revealing the driver's identity.

No golden ticket unfortunately so will send off an appeal to PE now