Britannia POFA NTK after paying before end of parking

UnrealMcName

Hello! First time writer but we have spent hours on this forum looking at various responses and are very impressed at the sheer volume of help some of you have been putting out for strangers like us. Thanks in advance.

TL;DR: blue text, or blue text with something added? 

Situation: received a POFA-compliant NTK from Britannia (within 14 days of parking) for no “valid payment” at a commuter car park we use all the time. Keeper was not driver. On this date the driver paid for a day’s parking online on Britannia’s website just before leaving the car park, rather than in the morning (in 7am, paid 22:01:28, left 22:02:12). Have email proof of prepayment which confirms “can enter at any time during the first day.” Signage at the site last year clearly stated pay up to 24 hours after, but on revisit after NTK, the sign is gone. I can’t prove the sign was or wasn’t there on the date in question, but have pictures of the sign from last year to send.

(Added detail that might be useful: Britannia was bought by Q-Park earlier this year, their website was changed at some point to a new one. Old site had language stating “pay for parking” [and ability to do so up to 3d in arrears] and new site that calls the payment “pre booking” [and only allows same day – no times mentioned – but allows it at 10pm]. Prices stayed the same. I can’t imagine title words on a website can be part of the contract.)

Do we just use the blue text, the blue text with a simple “payment was already made in good faith” or blue + a longer reply we’ve drafted that calls out the payment, the ambiguity of “pay on arrival” and “pay up to 24h later” signs in past, unreasonableness of a commuter needing to reacquaint themselves with detailed terms and conditions every time using the station car park, lack of clear signage stating it had changed to prepay-only park. (There is no signage we’re aware of that mentions that payment must be made within X time of entering.)

NTK, previous (day) and current (night) signage and email confirmation attached, along with the wording we’ve drafted because it felt cathartic, but realise it might not be the best to send.

Oops, not attached as the account is too new. Available for view at d dot my dot cx slash pcn202508

Curious to know your thoughts based on your experiences here. We’re at day 14 since the issue date today so need to make our first move. 

Car1980

They'll just say the signs on site explain all, and the website is for pre-bookings only.

By all means tell them a valid payment was made and include the screenshot, but state you will not be paying their charge and to instruct BW Legal to commence a county court claim immediately.

"You made a payment and we have your money, but you paid us wrong" claims are very very difficult for them, so I wouldn't lose any sleep.

But I'd send them evidence because they might be under the impression no payment was made at all in their system, which would make a court claim more likely.

Gr1pr

If full payment WAS MADE for the time period that the vehicle was on site then add that the new Joint Code of Practice allows for this late payment of the full amount,  namely that the 5 minute to pay rule was banned earlier this year 

Do add proof of full payment too, as mentioned above 

Ps , newbies can attach pictures,  but you have to add a short sentence to the post, not just a picture 

UnrealMcName

Great, thank you both. Yes, we have confirmation of full payment made for the entire day, paid at 10pm just before leaving the car park. No keying error. 

So I’ll start with the blue text, remove the parts about PDT and overstay, then comment on full payment made in good faith (provide proof), and mention the joint code of practice. Do I bother with mentioning their previous signage allowing post payment?

Do you have a link to this Code update that I could reference?

Gr1pr

The joint code is on the BPA and IPC websites, but read the thread too

https://forums.moneysavingexpert.com/discussion/6586172/news-on-the-5-minute-rule/p1

The updated code overrules the outdated signage or contract 

1505grandad

Page 47:-

https://www.britishparking.co.uk/write/Documents/AOS/Sector Code Templates/sectorsingleCodeofPracticeVersion1.1130225.pdf

"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.

NOTE: This exempt circumstance only relates to the timing of making payment"

UnrealMcName

Lovely, thank you, I think that simplifies things: Keeper verbiage from the blue text, to resolve this attaching proof of payment, may I call your attention to your industry's code of practice. I'll let you know how it goes. If I can post pictures now, would it help to have them on the forum for future reference? 

Coupon-mad

Yep, pictures help us see how it is.