Total Car Parks - Burghley Centre Bourne - appeal advice

ChaseyBoy

Hello,

I have read the newbies thread but couldn't seem to find much about grace periods.

The car was parked at the Burghley centre in Bourne where the first 2 hours of parking are free. Arrival time was 10:56am and then at 12:40pm (16 mins before the two free hours were up) 3 hours parking was paid for. The car left the car park at 3:43pm - 3 minutes after the parking ran out. A NTK from Total Car Parks was received by post 15.6.26.

Date of contravention- 1.6.26
NTK issue date - 8.6.26

One of the retailers at the centre (M&S) has been contacted and a response is awaited.

It looks like the grace period is the main argument given that parking was willing paid and it was only 3 minuets over. There is info about grace periods in a 2024 BPA code of practice - https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/Version91.2.2024.pdf - but not sure if this is the most up to date version. And info on the below thread but with @Coupon-mad saying this is out of date.

https://forums.moneysavingexpert.com/discussion/6568702/popla-appeal-advice-within-grace-period

Also found some info on grace periods on this website - www.pcnbeater.co.uk/blog/uk-private-parking-grace-periods-explained - but not sure how accurate it is so would really appreciate any advice.

Also wanted to know your thoughts on whether to submit an appeal to Total Car Parks now- this was suggested by M&S while waiting for a response from them.

The appeal will include a request for a copy of the signage at the date of the contravention as per your advice. The only signage that was noted on the day by the driver is pasted below.

Photos of the NTK and payment invoice below.

(Images removed by Forum Team)

No PCN has been received. The NTK doesn't specify the total amount of the parking charges that are unpaid, only stating 'observed for: 287 minutes'.
But not sure if Schedule 4 of POFA 2012 paragraph 9 section 2 d i and ii is relevant as it is a NTK not a PCN.

Thank you 😀

Coupon-mad

You can simply appeal denying the contravention alleged. Attach proof that the driver did pay for the full stay, by renewing the parking and there was no gap.

We don't know if they complied with the POFA as you haven't shown us the back, but this time redact VRM data & refs / QR codes.

Your image show us too much! I've redacted it. Back please…

Woodstok2000

Definitely dont pay it. The experts will be along to help shortly!

I think their argument will be that the 2 hours is free, but if you stay more than 2 hours you pay for the full period. So when you paid at 12:40 for three hours, with an arrival time of 10:56 you had paid to park from 10:56 to 13:56, not 15:40.

ChaseyBoy

Thank you both for your responses and making me aware of the information that shouldn’t share!

So should the appeal not mention the 3 minute overstay? Even though attaching proof will show the car left 3 minutes after what was paid for.

Below is the back

kryten3000

It's not a 3 minute overstay it is 2 hours and 3 minutes. You got 2 hours free then paid for the third hour (up to 3 hours total) but stayed for a total of 5 hours which is also beyond the maximum stay of up to 4 hours.

Based on their rules, TPS will say they were completely justified in issuing this charge notice.

That doesn't mean you will pay it of course, the signage is ambiguous and the "staying longer than 2 hours…" line is in significantly smaller text than the rest of the information.

In addition they have failed to comply with paragraph 9(e) of the POFA, something that POPLA will let slide, but a judge is more likely not to.

There does not appear to be a "no return within" rule here, so I would simply leave and re-enter to start another 2 hour free period ;)

Coupon-mad

"There does not appear to be a "no return within" rule here, so I would simply leave and re-enter to start another 2 hour free period ;)"

Definitely!

ChaseyBoy

Hi,

Apologies if I am being dense but I’m still not exactly sure what to put in my appeal, can anyone advise?

I don’t want to give myself more grief, so hoping there’s an easy way to get this resolved.

I've mentioned these above but this is what I am thinking to include:

• A request for a copy of the signage on the date of the contravention.
• The NTK doesn't specify the total amount of the parking charges that are unpaid, only stating 'observed for: 287 minutes'. Breaching Schedule 4 of POFA 2012 paragraph 9 section 2 d i and ii.
• No grace period was given to leave the car park- given that parking was willing paid and it was only 3 minuets over. Will link to 2024 BPA code of practice - https://www.britishparking.co.uk/write/Documents/AOS/NEW%20Redesigned%20Documents/Version91.2.2024.pdfgrace period

Is this all correct or am I missing something?

Thanks

Gr1pr

You are missing the fact that the appeal will be unsuccessful, regardless of the content

This wont be resolved prior to a future Money Claim

Take note of what Kryten3000 told you earlier

Coupon-mad

I don't understand why you are saying "given that parking was willing paid and it was only 3 minutes over" yet regular posters here are saying you only paid for 1 hour but stayed 5?

ChaseyBoy

Apologies @Coupon-mad I now understand that the car overstayed the maximum stay of 4 hours.

Should the appeal state the below?

• A request for a copy of the signage on the date of the contravention.
• Failed to comply with paragraph 9(e) of the POFA.
• The NTK doesn't specify the total amount of the parking charges that are unpaid, only stating 'observed for: 287 minutes'. Breaching Schedule 4 of POFA 2012 paragraph 9 section 2 d i and ii.

Any advice on what to put in the appeal would be greatly appreciated.

Coupon-mad

Yes just do that and by the way, there isn't a stated 'maximum stay of 4 hours'!

Think about it. No such term or fee.