Capital Car Park Control

SunshineyDay_2

Hey folks,

Bit of an odd one here so I'll dump context first and then query after.

1. I've arrived home to a PCN from Capital Car Park Control for an alleged contravention on a residential road.
2. The road is monitored by ANPR cameras.
3. I had paid the appropriate parking for the duration I was parked (a couple of days) but during this time had left the road and returned, albeit still within the period for which I'd paid to park.
4. My final exit from the road has been logged as 1 solitary minute past the parking expiration time.
5. This is where it gets interesting - The PCN refers to the alleged contravention taking place in the period of time between when I returned to the road and my final exit.
6. Their reasoning is: Failed to make payment for visitor parking to cover the full duration of your visit.
7. During the period of time they've mentioned, my parking session was still active and paid for... Up to the 1 minute as I was exiting.

I've read the Newbies Thread and intend to wait until day 25 to appeal but wanted to know if I should add extra wording to the blue template given the scenario i.e. that I had paid and would expect a reasonable grace period to exit once parking session had expired.

Thoughts and opinions very welcomed.

Thanks in advance!

Fruitcake

Since no NTD was issued, there is no need to wait until day 25, but the keeper should enact Plan A first, a complaint to the landowner and the keeper's MP.

If the NTK was not PoFA compliant, it would be unwise to reveal the driver's identity, but it won't hurt to state that the whole period of parking was paid for and therefore no breach of Ts and Cs occurred.

This looks like a standard ANPR failure where the payment was linked to the initial entry, not with the second entry.

SunshineyDay_2

Thanks for your prompt response Fruitcake.

I'd make a complaint to the landowners but past attempts have been futile - They're a very unhelpful housing association. You are correct though, no NTK has been sent just a postal PCN so I'll appeal with the template and add the wording that no terms were breached.

Thank you! Will keep you posted 

KeithP

Could it be that your item 5 pinpoints the problem?

You say...

5. This is where it gets interesting - The PCN refers to the alleged contravention taking place in the period of time between when I returned to the road and my final exit.

We don't know the rules of parking at that place, but if they say something like "once you leave the site, the paid for session ends", then your return visit would need to be paid separately.

That would fit in with items 6 and 7 on your list - no payment made to cover the period from returning to finally leaving.

Can you perhaps show us pictures of the signs?

SunshineyDay_2

Sure thing.

Parking is by the day (24 hours) and no mention of exit/re-entry terminating the parking session.

Report

KeithP

It's not a very clear image, but this bit might be interesting...

The penultimate sentence there mentions "returns at anytime" and "additional charges" but not sure exactly what it's saying.

SunshineyDay_2

That small print at the bottom appears to refer to unpaid PCNs.

"If a parking charge notice remains unpaid, keeper details may be requested from DVLA. Fees owing to C.C.P.C. may be passed onto our debt recovery agency and maybe increased. You will be liable for additional parking charges for each and any subsequent 24 hour period (or part thereof) if the vehicle remains or if it returns at any time. You will incur additional charges resulting in further action being taken against you if charges remain outstanding."

Coupon-mad

Yeah, no idea what they mean, therefore it is ambiguous at best.  Appeal proving that the whole period of parking was paid for and tell them to go swivel.

SunshineyDay_2

Hey folks, returning to let you know that the PCN was cancelled. They didn't admit error or anything really. In fact, it's a bit of an oddly written letter but... It's sorted.

Thanks all again! You offer an amazing community.

Coupon-mad

SunshineyDay_2 said:

What a complete mess of a sign!  Ridiculously wordy.

Literally makes no sense and is incoherent as to who can park.

But well done on getting the PCN cancelled.

Please could you show the Notice to Keeper?  I wonder if it was POFA compliant or not.  Both sides, please.

Well done on seeing it off!