Parking overstay - Initial Parking

Spring2024

Hi,

Would really appreciate some help with appealing to POPLA about my PCN. I have had no luck trying to contact the landowner regarding the PCN and Initial Parking have rejected an appeal (copied and pasted the text in the newbies post). No details about the driver at the time have been given to the parking company. PCN attached

Driver parked in the wilton street car park in Bradford which is operated by Initial Parking. Paid for parking from 1.35pm to 3.36pm but the PCN has stated entered at 13.24pm and left at 15.51pm. 

There were no parking spaces when entered the car park so waited for someone to leave before could park properly and as was paying on a new app needed to input details etc. before paying for parking. In terms of leaving, some people were parked in spaces that weren't marked bays in the middle of the car park so took a bit more time to leave the car park.

Need to check whether the car park signs have any info about a grace period, but was planning on appealing on grounds of the parking conditions making it difficult to park up and pay, and exit the carpark, in the grace period. Also, possibly that the amount due is out of proportion for the time overstayed. 

(i've deleted an old thread and reposted as didn't redact all personal info in the pictures previously) 

Gr1pr

Consideration periods plus grace periods are in clause 13 in the BPA CoP version 9 

Why wasn't a longer time paid for in order to cover the whole period. ?

The PCN is not for overstaying, it tells you what it's for on the front 

Unpaid tariff time

Fruitcake

The NTK appears to be PoFA compliant, so I don't think there is anything useful there.

However, ANPR scameras are not fit for purpose because amongst other things, they only record time on site, not actual time parked. Queueing to get in and out, and waiting for a space are not parking as demonstrated in ParkingEye v Ms X in the Altrincham court on 17/03/2014, case number 3JD08399.

Parking Prankster: Waiting for a space is not Parking. ParkingEye lose in court. Beware of snakes at Fistral Beach (parking-prankster.blogspot.com)

You should use the standard appeal in blue text from the NEWBIES, but add two extra (brief) points that the time parked was X hours Y minutes (your estimate, or specific time from a dashcam/telematics if available), and that the ANPR scamera did not record time parked. Put the PPC to strict photographic proof that the vehicle was actually parked for the time they claim, and not driving around waiting to park because the site is not properly managed. 
A decent site, properly managed would have a sign stating it was full/there were no spaces available.

Plan A, a complaint to the landowner from the keeper and to the keeper's MP, are still your best option.

LDast

That NtK fails PoFA 9(2)(b) and (c ) and 9(2)(e)(i). There is no reference to the "period of parking" and there is no invitation to the keeper to pay the charge.

Spring2024

Gr1pr said:

Consideration periods plus grace periods are in clause 13 in the BPA CoP version 9 

Why wasn't a longer time paid for in order to cover the whole period. ?

The PCN is not for overstaying, it tells you what it's for on the front 

Unpaid tariff time

The driver was in the car park at the time the ticket finished, just took a bit of time getting out of the carpark due to how other cars were parked and other cars leaving. The unpaid tariff time is 15 minutes between the end of the ticket and the ANPR time of when the car left the carpark. 

Gr1pr

Spring2024 said:

Gr1pr said:

Consideration periods plus grace periods are in clause 13 in the BPA CoP version 9 

Why wasn't a longer time paid for in order to cover the whole period. ?

The PCN is not for overstaying, it tells you what it's for on the front 

Unpaid tariff time

The driver was in the car park at the time the ticket finished, just took a bit of time getting out of the carpark due to how other cars were parked and other cars leaving. The unpaid tariff time is 15 minutes between the end of the ticket and the ANPR time of when the car left the carpark. 

And the BPA CoP allows a minimum of ten minutes for that task, not fifteen 

The PCN states unpaid tariff time because a longer stay on site costs the driver more money 

Its a common practice to not overpay, but underpayment tends to lead to scenarios like yours 

In order to win this case you would have to expand on the delays in leaving etc, versus payment for Extra time, or paying for longer on that car park.  They are stating that the time on site exceeded the payment time 

He says, she says 

The trouble you will have is convincing Popla or possibly convincing a judge in civil court 

Coupon-mad

But that's not 'trouble' because no-one cares about whether they convince POPLA or not and most people win in court, which is the ultimate dispute resolution with no risk.