Tower Road Newquay PCN

Hi again,
Well I submitted the appeal to Private Eye (using blue text and grace period clause add on) and was surprised to receive a rejection just two days later. I say surprised not only for swift rejection but also because when I went to their website I looked at their 'evidence' and it shows that we paid for 4 hours - the letter didn't state any basis of fine. Upon seeing that there was evidence of our ticket purchase and given that the total stay was 4 hours 11 minutes I felt certain they wouldn't reject appeal. I mean it's clear that they haven't abided by the grace period clause....unless they think a maximum of one minute counts as a reasonable time to park and purchase a ticket from entering the car park!!! So, now, much to my dismay, I'll have to go through Popla. My time is incredibly limited at the moment, so this is very, very annoying. Anyway, I was wondering, do you think I could just offer the grace period clause in my appeal as this is where I am most likely to win it, or do you think I should still include the other arguments?

Thanks in advance for any advice!

Hi there,

Just an update to say Popla appeal was successful. Thanks for all advice given!

Hi, the assessment isn't too long so I've just copied it all, hope this helps. Thanks again all.

Assessor summary of operator case
The operator has issued the Parking Charge Notice (PCN) as the appellant failed to purchase sufficient parking time.

Assessor summary of your case
The appellant has raised numerous grounds for appeal as follows: • The operator has not provided a grace period in line with the British Parking Association (BPA) Code of Practice • The signage at the site is inadequate as it does not advise that the parking period commences on entry to the site. The appellant advises that they took time at the start of the parking period to review the signage and purchase the appropriate tariff, and explains that they were delayed leaving the site due to traffic. The appellant has provided evidence to support his appeal.

Assessor supporting rational for decision
The operator has provided photographic evidence of the appellant’s vehicle, entering the car park at 11:53, and exiting at 16:05, totalling a stay of four hours and 11 minutes. The appellant has raised concern with the signage, explaining that it does not indicate that parking time starts upon entry to the site. In relation to grace periods, Section 13.2 of the British Parking Association (BPA) Code of Practice explains that: “You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission, you should still allow them a grace period to read your signs and leave before you take enforcement action.” The operator has provided evidence of the payment made by the appellant, showing that the ticket was purchased at 11:59. I consider six minutes a reasonable period in which to park the vehicle, review the signage, and make a payment to entitle them to park. In relation to grace periods when leaving the car park, Section 13.4 of the BPA Code of Practice states that “You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.” The payment made by the appellant indicates their permitted time expired at 15:59. The appellant left the car park at 16:05, six minutes after. As this does not exceed the minimum ten minutes required at the end of the parking contract, I consider that the PCN has been issued incorrectly. Accordingly, I must allow this appeal.