ParkingEye PCN -paid for 5h parking - overstayed 14 minutes-POPLA rejected-what next ?

breezymango123

Hi all 

I’ve just come across this forum and really wish I’d found it sooner. I’ve already gone through the ParkingEye and POPLA appeals process, but I feel like I’ve been unfairly treated, and now I’m not sure what to do next. I’d really appreciate some advice from the experts here on what steps I should take now.

I parked in a private car park operated by ParkingEye.The car park uses ANPR to track entry and exit.I entered the car park and, after reading the signs and downloading the payment app, I paid for 5 hours of parking.The time between entering and completing payment was around 6 minutes.I left the car park 8 minutes after my paid time ended, thinking this was allowed under the grace period.The total time I was on site (based on ANPR timestamps) was 5 hours and 14 minutes.

I appealed to ParkingEye explaining I had paid for 5 hours and that the extra minutes were due to:

1-Time spent downloading the app and paying on arrival.
2-Leaving within the 10-minute grace period at the end.

ParkingEye rejected the appeal.I then appealed to POPLA. They accepted that I paid for parking and left within 10 minutes of the expiry time, but they still rejected the appeal because they said I didn’t pay for the full “entry-to-exit” duration as captured by ANPR.

I didn’t have access to the exact time I entered, so how could I have known when my ANPR clock started?I paid promptly and acted in good faith using their own app system.I left within what I understood to be the standard 10-minute grace period.I’m now being asked to pay £100, and the reduced rate is no longer available.I’ve contacted Citizens Advice but didn’t get much support once I mentioned POPLA had rejected it.

What should my next step be now?
Do I have a realistic chance of defending this if it goes to small claims court?
Is it worth sending a final letter to ParkingEye asking for the reduced rate or cancellation?
If I go to court and lose, how much could I end up having to pay?

I've read through the Newbies thread (thanks to those who put it together), and I believe I'm now at the debt collection letter stage after POPLA rejected my appeal.Just to double-check- should I now simply ignore any letters from debt collectors and wait to see if ParkingEye issues a Letter Before Claim (LBC) or county court claim?
And if I decide I’m happy to defend this in court, is it better to just wait for their LBC, or is there a way I should formally inform ParkingEye that I’ll be challenging the charge in court?
Appreciate any guidance on next steps , I want to be prepared either way.

Gr1pr

Everyone has a realistic chance in court,  but its court bingo and judge bingo,  so nothing is guaranteed,  but your story is typical 

You are extremely unlikely to negotiate an out of court settlement 

A typical loss in court for a single pcn is about £212

You would ignore the debt collectors letters 

You would respond to a postal Letter of Claim giving you 30 days notice  ( from PE or from DCB Legal   )

You would defend the possible future N1SDT court claim pack from the CNBC in Northampton using MCOL 

You might try to settle at mediation 

You might fight it all the way,  possibly to a hearing if they paid the fee 

Court is not inevitable,  but a claim might be 

Coupon-mad

breezymango123 said:

Hi all 

I’ve just come across this forum and really wish I’d found it sooner. I’ve already gone through the ParkingEye and POPLA appeals process, but I feel like I’ve been unfairly treated, and now I’m not sure what to do next. I’d really appreciate some advice from the experts here on what steps I should take now.

I parked in a private car park operated by ParkingEye.The car park uses ANPR to track entry and exit.I entered the car park and, after reading the signs and downloading the payment app, I paid for 5 hours of parking.The time between entering and completing payment was around 6 minutes.I left the car park 8 minutes after my paid time ended, thinking this was allowed under the grace period.The total time I was on site (based on ANPR timestamps) was 5 hours and 14 minutes.

I appealed to ParkingEye explaining I had paid for 5 hours and that the extra minutes were due to:

1-Time spent downloading the app and paying on arrival.
2-Leaving within the 10-minute grace period at the end.

ParkingEye rejected the appeal.I then appealed to POPLA. They accepted that I paid for parking and left within 10 minutes of the expiry time, but they still rejected the appeal because they said I didn’t pay for the full “entry-to-exit” duration as captured by ANPR.

I didn’t have access to the exact time I entered, so how could I have known when my ANPR clock started?I paid promptly and acted in good faith using their own app system.I left within what I understood to be the standard 10-minute grace period.I’m now being asked to pay £100, and the reduced rate is no longer available.I’ve contacted Citizens Advice but didn’t get much support once I mentioned POPLA had rejected it.

What should my next step be now?
Do I have a realistic chance of defending this if it goes to small claims court?
Is it worth sending a final letter to ParkingEye asking for the reduced rate or cancellation?
If I go to court and lose, how much could I end up having to pay?

I've read through the Newbies thread (thanks to those who put it together), and I believe I'm now at the debt collection letter stage after POPLA rejected my appeal.Just to double-check- should I now simply ignore any letters from debt collectors and wait to see if ParkingEye issues a Letter Before Claim (LBC) or county court claim?
And if I decide I’m happy to defend this in court, is it better to just wait for their LBC, or is there a way I should formally inform ParkingEye that I’ll be challenging the charge in court?
Appreciate any guidance on next steps , I want to be prepared either way.

I would say you should certainly be happy and confident to defend this in court and it is an example of all that is wrong with POPLA.

When answering a recent complaint about continued pursuit and litigation of 5 minute rule cases, the BPA told me this:

"{POPLA} has also confirmed that the adjudicator guidance they had in place, even before 17 February 2025, set out that if they considered the motorist spent the whole time trying to enter the contract, even if it was more than X minutes, they would allow the appeal."

Looks like POPLA lied to the BPA because in your case your first 6 minutes (the whole time) was indeed spent parking, reading signs, downloading an app and paying. You did all that a darn sight faster than most people!

Show us the letters you get from PEye from now on. I am especially interested to see their new one that offers a payment plan WITHOUT added fees. Proving that DRA fees are unjustified.

breezymango123

Thanks for your replies.So just to confirm if I want to not pay and go to court with this I just wait for them to send me a claim letter ignoring any other letters ? 

Gr1pr

breezymango123 said:

Thanks for your replies.So just to confirm if I want to not pay and go to court with this I just wait for them to send me a claim letter ignoring any other letters ? 

No

Read my detailed reply again,  carefully 

Car1980

 I didn’t pay for the full “entry-to-exit” duration as captured by ANPR.

Why would you pay for the period where you weren't parked?

It's a PARKING Charge Notice.