PCN from Premier Park - advice on what detail to include in appeal

daeargwr

I’ve read the Newbies thread and have a question about Plan B.  In the advice it says

“You can (carefully!) add a little to the template above, 'in order to resolve the dispute I attach copies of...':
- the driver's receipts/bank transactions (or Hospital Appointment/Hotel booking, etc.) that day as 'they' were a genuine customer/patient, etc.”

Would this include evidence of the pay and display tickets covering the parking period? I still have the physical tickets and receipts

Background:

Received a notice to keeper after parking in a private car park in Tenby last week

They have an ANPR camera at the access road to the car park which is where the timings and photos are taken.

According to their letter I entered the car park (passed the ANPR camera) at 10:00. By the time I’d found a space, gone to the pay and display machine, read the charges and terms, queued and paid for a ticket it was 10:07, to expire at 13:07.

Later, I decided to stay for an extra hour so I went back and paid for another hour of parking (checking the signage to make sure there wasn’t anything on there to say you couldn’t extend your stay).  By the time that ticket was issued on the machine it was 13:08, with the ticket expiring at 14:08.

The letter states we exited the car park (passed the ANPR camera) at 14:10

The letter states a total duration of 4 hrs and 10 minutes and I’ve got pay and display tickets covering 4 hours and 1 minute of that.

Reading the most recent code of practice from BPA / IPC I can see I’m well within the 10 minutes grace period for exit. Does the Grace Period also cover the time before physically purchasing a ticket? Or only after expiry – the code of practice reads like it applies to the total time parked?

I’m also unclear on the consideration period – given I took 7 minutes to physically get a ticket from the pay and display machine by the time I’d found a space, queued for the machine and made payment.  Or is that irrelevant as the 10 minute Grace Period covers me anyway?

Do I mention this now or is that best left for a future potential POPLA appeal?

Thanks

Gr1pr

Consideration period is BEFORE the driver decides to stay or leave, so in this case before payment is made,  typically 5 minutes 

Grace period is a MINIMUM of 10 minutes,  AFTER the authorised parking period has expired 

You used to be allowed BOTH a decade ago,  but not so much these days as they want to catch people out 

State that full payment was made for the duration of the time on site plus any Consideration period plus Grace period as detailed in the BPA Code of Practice and copies of the 2 proofs of payment are attached to prove it,  so there was no breach of the parking contract because full payment was made on the day, before leaving 

No blabbing about who was driving,  it's a keeper appeal 

daeargwr

Thanks.  I've drafted this using the template in the Newbie section and added your suggested text:

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

In order to resolve the dispute I attach copies of the parking tickets and proof of payment demonstrating that full payment was made for the duration of the time on site plus any Consideration period plus Grace period as detailed in the BPA Code of Practice. There was no breach of the parking contract because full payment was made on the day, before leaving.

Coupon-mad

The letter states a total duration of 4 hrs and 10 minutes and I’ve got pay and display tickets covering 4 hours and 1 minute of that.

You should win this at POPLA because it looks like they're trying it on with (effectively) a 5 minute rule PCN. That was banned months ago.