National Parking Control (NPC) and DCBL - claiming 5 min overstay

j302323

Hi, I've been through the newbies thread and various links and previous posts. Would appreciate if someone could confirm if my understanding is correct, or if anything else to add.

Background:
- PCN received by registered keeper (RK) from National Parking Control. This noted an overstay of 5 minutes on the period paid for (7 hours). ANPR car park and notice.
- Contacted retailer of site to ask them to get cancelled. They are still doing this but no success so far as apparently NPC refusing to cancel. This is being escalated by RK to the retailer's head office.
- Retailer has mentioned that NPC now saying to them that PCN issued because payment was not made within satisfactory period from arrival. Payment for parking was made within 40 mins of arrival for 7 hours stay, once access to WiFi had been obtained.
- Note that RK has not had any formal notice of payment not being made within required timeframe from NPC. The PCN reason for issue specifies only 'Failure to pay for the duration of stay'.
- Follow up letters have now been received from DCBL, with their usual increased amounts claimed. These also note reason for issue as 'Failure to pay for the duration of stay'.

Wanted to check on my understanding of the following:
- Noted that NPC uses IPC for its AOS (however it is on the BPA member list, but not AOS list) - based on this I believe IPC members a 10 minute grace period should apply. 
- I also noted that BPA (and IPC if I have read correctly) members, should since 17 February 2025, for ANPR car parks, not issue PCNs if there were reasons why payment couldn't be made within a certain time frame, if payment was made before departing for the full period (is the 5 minutes additional stay an issue here?).

I wanted to check - was whether it is worth any letter (via email) from the site templates to DCBL on the above, such as that there should be a 10 minute grace period? 
Also wanted to check if they have not noted on their PCN to RK within 28 days of parking that their considered contravention was not paying within required timeframe, have they now missed their period to send a PCN based on that?

The guidance I have seen on other pages is not to reply to DCBL, and that NPC and DCBL in most cases will continue to send letters but at final stage before court appearance would in most cases discontinue their action.
So far I have not replied to NPC or DCBL on the PCN (no point appealing to IPC and that time now passed), or to 2 letters from DCBL, as have been trying to get retailer to get cancelled. 

Thanks in advance for any advice on the above. I am happy to wait them out if needed and keep following up retailer, but really just wanted to check if any flaws in the above position.
(Edit - for info the wording of the PCN follows the same template noted as POFA on this site - but doesn't actually state any of the POFA acts by name)


 

Coupon-mad

 I also noted that BPA (and IPC if I have read correctly) members, should since 17 February 2025, for ANPR car parks, not issue PCNs if there were reasons why payment couldn't be made within a certain time frame, if payment was made before departing for the full period.

Yep. Presumably your PCN was dated before that, but it makes no difference because '5 minute rule' PCNs have been universally declared unfair, including a Judge's finding (in Hannah Robinson's case) that this impossible 'rule' was in breach of the CRA 2015 (i.e. this joke 'rule' has been a clear breach of the law for 10 years).

 (is the 5 minutes additional stay an issue here?).

No. You had at least a 10 minute grace period. They have no case and you could threaten a counterclaim.

j302323

Thanks for your comment, appreciated. The PCN was from after 17 February, so seems on both counts there is no validity to the claim.

I just need to determine if worth sending them an email template letter to point these things out, or better to ignore them for now

Coupon-mad

j302323 said:

Thanks for your comment, appreciated. The PCN was from after 17 February, so seems on both counts there is no validity to the claim.

I just need to determine if worth sending them an email template letter to point these things out, or better to ignore them for now

Wow, I wasn't expecting it to be post 17 February. it's banned. How dare they?!

Please show:

1. The PCN, redacted but with dates showing

2. The DCBL letter

3. This email if it wasn't just a phone call:

"Retailer has mentioned that NPC now saying to them that PCN issued because payment was not made within satisfactory period from arrival."

You need to raise formal complaints by email with NPC and DCB (let's see what they say when you point out the 5 minute rule ban!) ...then report NPC to the IPC after that.

Let's see how they all handle it.

j302323

1. PCN from NPC (note 8 hours of parking paid for and 4 mins overstay, I adjusted timings slighly in my initial post for anonymity). The date of contravention listed if not clear is 6 March 2025.

2. DCBL letter 1

DCBL letter 2 (reverse side same as above)

3. Email correspondence sent to me by retailer from their account manager at NPC:

kryten3000

You need to wait for the Letter of Claim from DCB Legal now, but while you wait make a formal complaint to NPC and then the IPC on the grounds that they breached v1.1 of the Single Code of Practice which exempts motorists who pay the full tariff before leaving site.  Annex F.1 says:

"Parking charges must not be pursued in relation to vehicles where evidence is provided that they are identified as:

j) a vehicle parked in a car park managed by fixed camera technology (ANPR and/or CCTV) for which payment has been made for the full period of parking prior to the vehicle leaving the car park."

Coupon-mad

j302323 said:

1. PCN from NPC (note 8 hours of parking paid for and 4 mins overstay, I adjusted timings slighly in my initial post for anonymity). The date of contravention listed if not clear is 6 March 2025.

2. DCBL letter 1

DCBL letter 2 (reverse side same as above)

3. Email correspondence sent to me by retailer from their account manager at NPC:

Reply to the retailer and tell them that it hasn't been issued correctly and is in fact illegal under the Consumer Rights Act. This was admitted and what used to be known as the '5 minute rule' was officially banned before the date of this PCN. i.e. the ban means PCNs must NOT be issued for reason of 'paying too late' and they must support you and go back and tell their agent to cancel the PCN due to this official February change:

https://www.moneysavingexpert.com/news/2025/02/private-parking-charges-five-minute-rule/

Also raise a complaint with NPC (see their website) then report this to the IPC who will - should - have no choice but to tell NPC to cancel it.

Let's test it. Let's see.  NPC wrote that email in flagrant breach of the rule change. @Kaizen2024 what is your view, are the suits at the IPC happy with this scammery?

j302323

Thanks for the comments, I will follow up on the above points