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Misleading Signage and information

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  • Misleading Signage and information

    Greetings all

    Please may I ask for your advice re a Parking Charge Notice from Parking Eye at Grange Rd Darlington.

    Briefly CP is controlled by ANPR which logged the vehicle in at 1225 and out again at 1444 for 2hr19min
    A PCN was received for 100/60£ for exceeding the time and appeal rejected.

    The timings are not in dispute but the sign (sorry cant attach) clearly states 20 minutes free but gives no clarity as to if the is inclusive or exclusive of the tariff
    A ticket was purchased at 1245 for 2 hours and the vehicle left at 1444 within what we believed the correct timescale.
    the rejection failed to address this point and merely restated the ticket purchased was for insufficient time.
    This was the initial appeal

    Any help would be greatly appreciated as to whether this is fightable Thanks


    I am writing with an appeal against a parking charge received today and relating to PCN xxxxxx/xxxxxx on xx Jan 23 at Grange Rd Darlington.

    I confirm that I was at that carpark on xx Jan and I do not dispute the details or timings, however, I believe there are a few factors to take into consideration.

    My daughter was born on xx Dec 22 and was 17 days old on the day in question. Consequently, on entering the site, although there was a space available it was unsuitable as access was too restricted to be able to unload safely and I was required to wait for a more suitable space to become available. As I was waiting my daughter started to became agitated; being new born and unpredictable I realised this was due to her requiring to be fed. I am breastfeeding and there are no suitable areas attached to this carpark so given the winter conditions the only suitable safe place to do so was in the car. Once she was attended to I then unloaded and set up the pram before taking my daughter out and settling her in it. A ticket was obtained for 2 hrs parking at 1245 and I left the car park shortly after. (screenshot attached) I set my phone alarm for plus 1hr50min to 1435 in order to not exceed the 2hr limit and on return at that time went the through the reverse of dismantling and loading the pram and settling my daughter safely in the car before leaving within, what I believed to be, the required period.

    The signage on site (picture attached) clearly states:

    Strictly 20 minutes free parking from time of entry into the car park

    At no stage was I trying to escape payment and left within the 2hr period from ticket issue. There is nothing to indicate when the timing period is deemed to have started and had I been aware I would have simply gone for 3 hours rather than two.

    The PCN states entry at 12:25:12 and exit at 14:44:33 for a stay of 2hrs 19 minutes.

    A 2 hr ticket was purchased at 12:45

    Therefore any penalty without any grace period would only have come into effect at 1445 - (2hrs paid plus 20mins free.)

    May I respectfully ask that you cancel this PCN as it fails to conform to your own T&Cs.

    In addition the points below require consideration.


    Sincerely

    Tags: None

  • #2
    Does 20 minutes free mean first 20 minutes free? I am not sure.

    Others will comment on your draft letter. There are some detailed technicalities regarding car parking cases.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      this is the sign
      Attached Files

      Comment


      • #4
        Who are you appealing to, POPLA?

        What you are saying makes sense to me as it looks like an open and shut case. Signage says you get 20 minutes free and so you paid for a ticket after the free period expired for a further two hours. ANPR clocked you at a total of 2 hours 19 minutes which was within the total period including the free period at 2 hours 20 minutes. I also believe that parking companies should allow a grace period on entry/exit of 5 or 10 minutes (might want to check the BPA code of Practice on that) so all in all on the face of it you were well within the timeframe required.

        Probably want to beef up your appeal response so it is more robust but I don't think you are wrong for suggesting what you are saying. The onus is on Parking Eye to prove otherwise.

        Tagging ostell who has more experience than I do on parking issues.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #5
          The sign clearly states "20 minutes free from time of entering car park" so they state that you entered at 12.25 and you purchased a ticket at 12.45. This is within the free 20 minute period. they state themselves that you purchased a two hour ticket at 12.45 and you were registered by their own equipment as leaving at 14.44, within the period paid for. Your total time within the car park was 2hrs 19minutes and 21 seconds, so their contention that you have overstayed is incorrect. Rather than going to the Ombudsman. I would write to the parking company with the details as explained and point out their own timings. I would a so express that on their own evidence you are prepared to attend court and that you would claim against them for the cost of baby care (you are not going to take a baby into court @£200 per day) travelling expenses (parking costs) and legal representation. If they still fail to expunge the charges you still have the option of going to the ombudsman.

          Comment

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