Parking eye overstay fine within grace period

H_Mendes

These thirds have hit me with a fine, on their first correspondence to me caught on anpr it had basically read that I had not paid, luckily I still have the original ticket, according to their camera time stamps I entered the car park at 12:43:05 and exited at 14:56 I paid for 2 hours and the time stamp on my ticket is 14:45 as I had to park and queue to purchase ticket. This was an outing with small children and pushchairs which delayed my exit. I explained all this on my appeal to parking eye and pointed out I should be covered under grace period as they are bpa members and also asked for images of the signs on site as I do actually have a picture of the one next to machine and it does not mention grace periods. They ignored all this and just said I over stayed and therefore must pay. I want to appeal to POPLA as really my overstay is of 10min and 62 seconds and that's if you assume I purchased my ticket at 14:45:00 ! And I am covered by the 5min at the start to buy the ticket... So I wanted to know what my chances are and also if I submit appeal to POPLA now or should I wait til 28 days or something? Thanks so much for any help!!!

Gr1pr

Definitely not a fine,  just an invoice from a private parking company,  Parking Eye

They use time on site plus a minimum 10 minutes grace period to leave, so sent the pcn due to the extra few minutes ( an extra 3 minutes over the 10 minutes allowance   )

There is no advantage to delaying your popla appeal 

Use no landowner authority,  poor and inadequate signage and add the reasons for any delays in paying and leaving to try to stretch the minimum 10 minutes to 13 minutes, so phone signal issues,  queuing to pay or queuing for a parking space,  queuing to leave,  congestion at the entrance and exit or main road etc

Car1980

Can you work out your timings exactly?

Entering > stationery vehicle > walking to ticket machine and paying > returning to your vehicle and driving out > tripping the exit ANPR camera

H_Mendes

Car1980 said:

Can you work out your timings exactly?

Entering > stationery vehicle > walking to ticket machine and paying > returning to your vehicle and driving out > tripping the exit ANPR camera

ANPR time on entering 12:43:05 - parked vehicle, walked to pay machine there was one person already using machine so waited for the to finish, ticket came out with time stamp 12:45- I am not sure what time I returned, I believe I was a bit late as my little girl did not want to leave museum before completing this quiz thing and it was her birthday so I didn't want to upset her! The car park is down a lane so it would take about a minute at least from starting the car to reaching the road, the lane to enter and exit is crooked as well with an l shape so you have to go.slow in case a car is entering- exit ANPR stamp 14:56:02

H_Mendes

Gr1pr said:

Definitely not a fine,  just an invoice from a private parking company,  Parking Eye

They use time on site plus a minimum 10 minutes grace period to leave, so sent the pcn due to the extra few minutes ( an extra 3 minutes over the 10 minutes allowance   )

There is no advantage to delaying your popla appeal 

Use no landowner authority,  poor and inadequate signage and add the reasons for any delays in paying and leaving to try to stretch the minimum 10 minutes to 13 minutes, so phone signal issues,  queuing to pay or queuing for a parking space,  queuing to leave,  congestion at the entrance and exit or main road etc

My understanding is you get two grace periods, 5min at the start (of which I used 2min camera tripped at 12:43 ticket purchased at 12:45) and 10 min at the end (end of paid period would be 14:45 time stamp on camera on exit was 14:56:02 so I would I was within 10min as we do not know how many seconds past 12:45 I got the ticket but anything other than the first 2 seconds of that minute puts me inside the 10min window?

Gr1pr

My understanding is that the first period is a consideration period,  not a grace period, the second period is a grace period with a minimum of 10 minutes.  Annex B gives the parking period and a grace period at the end 

There is no grace period before a parking period,  there arent 2 grace periods either 

The current joint Code of Practice probably states that once payment is made the clock starts at the entry time, not when the payment button is pressed,  so it doesnt allow period A plus periid B,  which it did a decade ago 

Have you studied the joint CoP from this year   ?  Check what the CoP says about the 2 periods, don't assume 

But I do understand your logic, it's mine too, but it's not the private parking companies view

Your time on site was 133 minutes, so the trigger was pulled at 130 minutes 

H_Mendes

Gr1pr said:

My understanding is that the first period is a consideration period,  not a grace period, the second period is a grace period with a minimum of 10 minutes.  Annex B gives the parking period and a grace period at the end 

There is no grace period before a parking period,  there arent 2 grace periods either 

The current joint Code of Practice probably states that once payment is made the clock starts at the entry time, not when the payment button is pressed,  so it doesnt allow period A plus periid B,  which it did a decade ago 

Have you studied the joint CoP from this year   ?  Check what the CoP says about the 2 periods, don't assume 

But I do understand your logic, it's mine too, but it's not the private parking companies view

Your time on site was 133 minutes, so the trigger was pulled at 130 minutes 

Sorry consideration period then, so I was within the consideration time it took me 2 minutes to pay. And I should be within 10minutes grace to leave? Or 62seconds over that if you are very literal but how can you be very literal with those 62 seconds when we don't know how many seconds past 12:45 I managed to pay for the ticket? I'm any case the advice I was hoping for is on chances of popla finding in my favour, parking eye already rejected my appeal and today is the deadline to pay the discount amount so I need to decide if I will ay or further dispute....

Gr1pr

Its an unregulated industry,  so you will have to stretch it out to cover the extra 3 minutes, as I said 

The parking company will state that the consideration time evaporated into the paid for time, so are using 130 minutes as their benchmark,  and that the time on site was 133 minutes,  triggering the NTK PCN letter 

There are no guarantees at popla, so look for recent similar cases in the Popla outcomes announcement and craft your popla appeal based on what we have already mentioned 

Delays at either side,  plus no landowner authority and poor signage 

Brie

Don't forget that as a parent with small children you have the additional time needed to get them to the car, and then get them in, strapped into place and any pushchairs stored away.  All of that may be prior to paying or simply prior to leaving after paying.  Either way - it's something that is outside of the "norm" for your standard shopper (aka BPA single bloke stopping to buy a vape or whatever)

H_Mendes

Does anyone have a similar experience of appealing to POPLA under grace periods and considerations periods?

Coupon-mad

H_Mendes said:

Does anyone have a similar experience of appealing to POPLA under grace periods and considerations periods?

Yes, look through POPLA DECISIONS.