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POPLA appeal: grace period

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  • POPLA appeal: grace period

    Hi All,

    I recently received a parking ticket and was hoping you could assist me with the POPLA appeal process. It took me approximately six minutes from the time of arrival to download the parking app and complete payment. Additionally, I exceeded the paid parking period by about five minutes upon exiting the car park. I have drafted the following appeal based on guidance from another source, and would greatly appreciate any feedback or support you can offer.

    Arrival time: 13:26:14

    Departure time: 15:37:04

    Total stay: approx. 2 hours 11 minutes


    Payment time: 13:32

    Paid duration: 2 hours


    ================================================== ===========================

    Dear POPLA Adjudicator,

    I am writing to formally appeal against the Parking Charge Notice issued by [Parking Operator] in relation to the above vehicle and date.

    The basis of my appeal is as follows: 1. Grace Period Violation – BPA Code of Practice Non-Compliance

    According to the British Parking Association’s (BPA) Code of Practice (Section 13), operators must allow a minimum 10-minute grace period after the end of paid parking before issuing a charge.
    • My vehicle entered the car park at 13:26:14 and paid for 2 hours of parking at 13:32, covering me until 15:32.
    • I exited at 15:37:04, meaning my overstay was approximately 5 minutes, which falls within the 10-minute grace period allowed after the paid session ends.
    • The BPA Code of Practice states:
      "Drivers must be allowed a minimum 10-minute grace period to leave a car park after their parking time has expired."

    Issuing a Parking Charge Notice for a stay that only exceeded the paid period by 5 minutes is therefore unjustified and not compliant with the BPA's mandatory guidelines. 2. Consideration Period Before Payment

    The BPA Code of Practice also provides for a “consideration period” of up to 10 minutes from the time of entry for drivers to read signage, decide whether to stay, and make payment.
    • My vehicle entered at 13:26:14, and I paid at 13:32 — within approximately 6 minutes, which is reasonable.
    • The time taken to pay for the session should not be penalised, as it falls within the acceptable consideration period before purchasing a ticket.
    3. No Intent to Avoid Payment

    I made full payment for a 2-hour session and made every effort to comply with the terms of the car park. My brief overstay was not intentional but well within the allowable grace period. There was no attempt to evade payment.

    In conclusion, I respectfully request that POPLA allow this appeal and instruct [Parking Operator] to cancel the charge, as the minor overstay clearly falls within both the consideration period at arrival and the grace period at departure, per the BPA’s Code of Practice.

    Thank you for your time and consideration.
    Tags: None

  • #2
    Are you sure that is the only basis for an appeal? Have you identified the driver to the parking company?
    In any event don't identify the driver in your POPLA appeal e.g, state "the driver made full payment" not "I"
    Does the NTK comply with ALL the conditions of PoFA2012 Sch.4?
    What was the wording of the NTK?
    You should be querying the accuracy of the operators ANPR system? Have you considered the discrepancy in times that occurs when still anpr cameras have the time added by a remote server? You should at least be requiring the operator to present records as to the dates and times of when the cameras at this car park were checked, adjusted, calibrated, synchronised with the timer which stamps the photos and generally maintained to ensure the accuracy of the dates and times of any ANPR images. Tis is required by the operators code of practice

    Comment


    • #3
      Thanks for getting back. I did a mistake of appealing with them directly wherein I identified myself as the driver. Will ask for help before making such a mistake next time

      Comment

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