Fined £100 for underpayment

Writealetter

Hi this private car park offers free parking after 6. I entered at 4:04 and left at 7:16.

So 2 hours of chargeable parking time. Paid £1.50 for it. But have received a PCN for £100 (reduced to £60 until the 16th) for underpaying (not overstay).

Doesn't say anywhere you have to have entered after 6 to avail free parking.

I don't see how I underpaid?

Gr1pr

Definitely NOT a fine, just a PCN invoice from a private parking company

That Angouleme Way , Bury, is a notorious Smart Parking trap site, plenty of previous on here

Writealetter

https://forums.moneysavingexpert.com/discussion/comment/82031670#Comment_82031670

Am I safe to ignore it? I've appealed but haven't heard back. The charge will go up to £100 in 3 days' time and I'd rather not deal with courts unless I've got watertight case which I do seem to, but would like a second opinion

Gr1pr

Depends what you mean by "safe"

I agree with your interpretation of the signage, so personally I would front it out

Smart Parking cases tend to fizzle out before any hearing in court

GrubbyGirl_2

My only observation is the sign says Motorists may stay on site a maximum of 3 hours and you were there for 3 hours and 12 minutes. I guess they will argue that is the reason for the charge

oldernonethewiser

https://forums.moneysavingexpert.com/discussion/comment/82031765#Comment_82031765

As the OP left their car on site but went elsewhere the "motorist" wasn't on site for anything like three hours 😉

Car1980

"05A - paid for insufficient time (ANPR)"

No tariff applies after 6pm.

£3 pays for 16.04 until 18.00, after which no tariff applies.

If you overstayed 13 minutes they should have issued a PCN for that. But they didn't. Tough luck.

Their automated system appears to only capture time on site and £0 after 6pm does not enter into their equation. Probably on purpose.

You could appeal and they'll argue their T&Cs mean they are correct. I would head them off at the pass and state your reading is as above and fully anticipate their reading is that the driver insufficiently paid for the time on site.

Therefore the charge must be cancelled as per the Consumer Rights Acts Act 2015, which states:

69. Contract terms that may have different meanings

(1)If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

You could try the IAS after they reject that, but they are hopelessly biased.

I'm only suggesting this as you are keen to avoid a court claim. But for most people just ignoring until a claim arrives is the best tactic (this is a notorious site and they always discontinue as they don't want a judge looking at it).

Another alternative being going proactive and suing them for a token amount and forcing them to a court hearing. They don't know who they're ticketing - it's quite amusing when they accidentally ticket solicitors and magistrates who then go for the jugular 🤣

Jame4ters

https://forums.moneysavingexpert.com/discussion/comment/82031715#Comment_82031715

Don’t fall for the mug’s discount finishing in a few days time. Follow the advice on this forum and you will more than likely pay nothing

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/82031852#Comment_82031852

@cooldude255220 might stop by this thread and write an IAS appeal draft because this one is winnable surely!

The tariff charging stops at 6pm.

GrubbyGirl_2

https://forums.moneysavingexpert.com/discussion/comment/82031792#Comment_82031792

Brilliant. This is why you guys are so good at this

Coupon-mad

But that's a joke not an appeal point! The reply below it was the advice, plus anything suggested by @cooldude255220