Pay on Exit fine advice

jazzynoodles

Hello! I was wondering if anyone can give some advice, as I’ve trawled Google and can’t seem to find the answer!

I parked in a “Pay on Exit” ASDA car park, with a maximum stay of 2 hours. I arrived back 3 minutes late, and when I went to pay at the machine I was unable to because I had gone over the allowed limit - it just had a message saying I had overstayed and may be fined.

I tried to pay in store (unfortunately I had not spent enough there to qualify for free parking!) but they said the car park is nothing to do with them so couldn’t help. 

I’ve now been fined for not paying. I appealed, as I had attempted to pay (and had photos of the message on the machine) but my appeal was rejected. I’ve now got the option to appeal to POPLA but don’t want to do this if it will be rejected again, as I would end up having to pay the full amount of the fine rather than the “discount” I am currently being offered. 

SO does anyone know what the law is regarding whether or not I should have been able to pay at the machine? I know there is a 10 minute grace period for leaving, but does this include allowing time to pay?! I couldn’t have paid when I entered, as the amount you need to pay is calculated by the time you have parked for.

Hope that all makes sense…any help is much appreciated! Thank you! 

DE_612183

1. It's not a fine.
2. ASDA can get the PPC to cancel it if they so wish - this is what you should do.
3. Have you read the newbees thread?
4. Posta redacted version of the letter or whatever communication you have had

Car1980

3 minutes? De minimis.

1min 30 of that time was probably spent finding a space and parking, and it would take you another 1min 30 to walk back from the machine to the car an leave anyway.

Ignore them. 

Coupon-mad

Get ASDA to cancel it. They'll do it in seconds.

Coming back to the car 3 minutes late would have been OK if you'd just driven straight out!

jazzynoodles

DE_612183 said:

1. It's not a fine.
2. ASDA can get the PPC to cancel it if they so wish - this is what you should do.
3. Have you read the newbees thread?
4. Posta redacted version of the letter or whatever communication you have had

Thanks. I mostly parked there to shop locally and only popped into ASDA for a few bits at the end so not sure they would have any desire to cancel it for me, but I’ll ask! Haven’t been able to get through to them yet. 

Communications attached. 

Also realise I didn’t mention originally that by the time I had gone into Asda to try to sort payment, the time I had overstayed had gone up to 7 minutes. 

fisherjim

"I mostly parked there to shop locally and only popped into ASDA for a few bits at the end so not sure they would have any desire to cancel it for me"

But why would you volunteer that additional information, you shopped at ASDA that's all you tell them.

Coupon-mad

You aren't 'getting through' to Asda.

Take a copy of the PCN (not the original) in person and stand there this weekend at the CS desk - politely but firmly holding the queue up - until a manager cancels it.

jazzynoodles

Got through to Asda but they said they can’t help as it isn’t exceptional circumstances (which I would need to provide evidence for), he said it would just get refused 🤷🏻‍♀️ 

I don’t mind appealing to POPLA but only if it’s likely to get accepted…

Car1980

Aren't we missing the 10 minute grace period?

https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/sectorsingleCodeofPractice.pdf

Page 35

jazzynoodles

Car1980 said:

Aren't we missing the 10 minute grace period?

Well this is my question really, seems to be a bit of a grey area! Because I would’ve been within the grace period if I had paid, but should I have been allowed to pay during the grace period? Or is it ok that they refuse to take payment once you are over the 2 hours? The charge is for not paying, not for overstaying, but I was unable to because I was over the max time limit 🤷🏻‍♀️

Gr1pr

That would be for a judge to determine,  in civil court