Car park fine because payment app applied wrong parking rate

dukeotto

Help please. I parked at a train station a couple of weeks ago. I often park in this car park. I park up and then pay on the PayByPhone app. The system allows you to pay retrospectively up to 48 hours after parking. Nevertheless I do it at the earliest opportunity. On this occasion I parked at 6am but didn't get round to paying in the app until 10.17am. I paid for the number of hours I expected to be parked which was 14 hours. You cannot select a start time in the app, only the number of days, hours, minutes you will be parked for. The app defaults to a full day charge for my 14 hours. Nothing unusual about that. Today I received through the post a parking fine for partial payment for this session. The car park has an off peak rate from 10am and the app automatically applies this based on the time you purchase parking (rather than the duration of your parking). There's no way within the app to opt out of the off peak rate. I paid £5.50 off peak rate in the app when I should have paid £6 peak rate. Can I appeal this based on the fact the car park accepts people paying retrospectively but if you happen to pay after 10am there's no way to pay the peak rate to cover your parking pre 10am?

oldernonethewiser

Is this a council car park or private?

Coupon-mad

No, in most cases just ignore the PCN.

Which parking firm?

dukeotto

https://forums.moneysavingexpert.com/discussion/comment/81937037#Comment_81937037

NCP car park at a train station

dukeotto

https://forums.moneysavingexpert.com/discussion/comment/81937040#Comment_81937040

NCP. Ignoring PCN doesn't sound sensible

Coupon-mad

LOL… NCP! …did you miss that they went into administration last week and won't be likely to contest POPLA Appeals now?

Also you missed that they probably didn't send a POFA worded NTK so can't hold an appellant keeper liable?

Looks like you haven't yet looked at the NCP images in my 'NTK pictures' thread and checked yours. It's linked in the NEWBIES thread so we don't have to look at endless NTKs for people (please don't ask us to check it - you can - it's merely a case of playing 'snap' with whichever version)!

dukeotto

https://forums.moneysavingexpert.com/discussion/comment/81937077#Comment_81937077

Thanks for responding and for sign posting me to the NTK thread. I appreciate you don't want to spend your time reviewing these letters. Please can you give me a hint about what I'm looking for here? The wording on the POPLA letter and nonPOPLA letters is pretty much the same?

Coupon-mad

No it isn't.

Hint: read POFA schedule 4 paragraph 9.

dukeotto

https://forums.moneysavingexpert.com/discussion/comment/81937383#Comment_81937383

Thanks. I've read closely. There's two differences in the letter I've received from the example POFA worded letter. In the how can I challenge this PCN this sentence is missing from the letter I've received "Your Parking Charge will be placed on hold when your appeal is received until a decision has been made and communicated to you, therefore you don't need to worry about the charge increasing between your appeal being submitted and the decision being made." The second difference is the absence of the QR codes for further information on the letter I've received.

Car1980

Just go through this list and tick them off when you spot them:

(2)The notice must—

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

(c)state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice

(d)if the unpaid parking charges specified in that notice to driver as required by paragraph 7(2)(c) have been paid in part, specify the amount that remains unpaid, as at a time which is—

(i)specified in the notice to keeper, and

(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

(f)warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

(i)the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

(g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;

(i)specify the date on which the notice is sent (if it is sent by post) or given (in any other case).

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/81937921#Comment_81937921

That's not the bit I said to look at.

Compare with para 9(2).

Are you saying yours DOESN'T match the non-POFA image in my thread because it does state the keeper (you) will be liable? Does it really? Unusual.