PCN received for Crown street 24Hr pay car park at Leeds

Klass

Hello All,

Sorry if this has already been covered.

I recently received a PCN for parking a private car park. The offence date is 28th May.

The PCN from Excel Parking says I fail to purchase the parking tariff and the penalty is £100, it can be reduced amount of £60 will be accepted within certain of time.

Contravention Reason:

Failure to purchase the parking tariff for the registration mark of the vehicle on site and/or within the time allowed

Time of entry: 13:03:36

Time of exit: 17:06:32

Duration of stay: 04h:02m:56s

However I did pay for 4 hours during my stay, it took me some time to find a place to park and look for the machine since it was my first time to stay at this car park.

As they claimed the total duration is 4 hours and 2 minutes, should there be grace period which allows short period of time to purchase the ticket.

I did appeal but it was rejected, below is the reply:

Having considered the points you have raised and reviewed our records, we are unable to accept your appeal. Our main reason(s) for this decision are as follows:

The signs at the car park make it clear that a valid payment must be made for all vehicles which park/enter the car park, giving clear notice that the land is private property and that a Charge of £100 will be levied if vehicles park outside of the Terms and Conditions displayed; signs also state that when a payment is made, the full and accurate vehicle registration number of the vehicle parked must be entered. The above detailed vehicle parked without a valid payment of the parking tariff for the vehicle on site and you became liable for the Charge advertised.

We note that you have declined to name the driver of your vehicle at the time of the incident in question. It is important that we make you aware that in this case we may pursue you as the registered keeper of the vehicle for the outstanding Charge, as per Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) .

The notice sent to you clearly states: Please be warned: that if, after the period of 28 days beginning with the day after the Issue Date of this Notice, the amount of the unpaid Parking Charge specified in this Notice has not been paid in full and we do not know both the name of the driver and a current address for service for the driver, we will have the right to recover from the registered keeper, any unpaid balance of the Parking Charge. This Notice will be deemed to have been received by you on the second working day after the Issue Date stated above unless the contrary is proved.

A reasonable amount of time is allowed on the car park (Consideration Period) for drivers to park their vehicle, read the advertised Terms and Conditions displayed and then either make a valid payment or leave the car park; on this occasion that Consideration Period was exceeded and as no valid payment was made, you became liable for the Charge Notice issued.

We maintain that the signs on this site meet the requirements set by the International Parking Community (IPC) Code of Practice. The signs are large, prominent and legible ,so that any reasonable user of the car park would be aware.

We have fully reviewed this case and we are satisfied that the Charge Notice was correctly issued. We are unable to accept the mitigating circumstances raised in your representations, your appeal is therefore rejected and the charge will stand;

What are your opinions please ?

Should I appeal to Independent Appeal Service (IAS) as next step ?

This is the first ever PCN I have received and I am not sure the process.

Thanks a lot in advance ! 

DE_612183

Have you read the newbees thread - it will tell you what to do there.

Gr1pr

No offence was committed, its not a criminal matter, its not a fine or penalty either, its an invoice for the alleged breach of the parking contract by the driver , a civil matter  , ( magistrates issue fines. )

I do not believe that they said that the penalty is £100, just that the full amount is £100 , reduced to £60 for early payment 

That location features regularly on here too

Dont bother with the IAS appeal, court is where this dispute is decided, where you get to tell the judge what you told us

Klass

Gr1pr said:

No offence was committed, its not a criminal matter, its not a fine or penalty either, its an invoice for the alleged breach of the parking contract by the driver , a civil matter  , ( magistrates issue fines. )

I do not believe that they said that the penalty is £100, just that the full amount is £100 , reduced to £60 for early payment 

That location features regularly on here too

Dont bother with the IAS appeal, court is where this dispute is decided, where you get to tell the judge what you told us

Thanks, yes it was not a penalty, that was the amount of charge.

The reply after my appeal is either I pay and charge or appeal to the IAS because they stated no further appeals will be accepted at this office; any such appeal must be made to the IAS.

Should I appeal to IAS ?

Thanks !

Gr1pr

Klass said:

Gr1pr said:

Dont bother with the IAS appeal, court is where this dispute is decided, where you get to tell the judge what you told us

Thanks, yes it was not a penalty, that was the amount of charge.

The reply after my appeal is either I pay and charge or appeal to the IAS because they stated no further appeals will be accepted at this office; any such appeal must be made to the IAS.

Should I appeal to IAS ?

Thanks !

I repeat my previous answer that you quoted above 

Dont bother with the IAS appeal, court is where this dispute is decided, where you get to tell the judge what you told us

DE_612183

you can appeal to IAS - but I wouldn't put much faith in them.

Coupon-mad

Klass said:

Gr1pr said:

No offence was committed, its not a criminal matter, its not a fine or penalty either, its an invoice for the alleged breach of the parking contract by the driver , a civil matter  , ( magistrates issue fines. )

I do not believe that they said that the penalty is £100, just that the full amount is £100 , reduced to £60 for early payment 

That location features regularly on here too

Dont bother with the IAS appeal, court is where this dispute is decided, where you get to tell the judge what you told us

Thanks, yes it was not a penalty, that was the amount of charge.

The reply after my appeal is either I pay and charge or appeal to the IAS 

But you will be doing neither.

You realise this is all about a keying error? It's not for being 2 minutes over.  It's a typo in the VRM.