Received PCN for parking 11 minutes after ticket expired

[ravidoki]

Hi,

Last weekend, we have parked our car in Montrose Crescent, Wembley which is run by the PEA. I have paid and displayed the parking ticket until 15:10. We have returned to the car before that time. When we about to start to reach our home, we noticed that we need to change the nappy to younger one. We did it in the car and I went to put that dirty nappy into bin. There is no bin in the car park. I need to go back the shop where we done some shopping. By the time returned to the car, my wife is talking to him but the parking guard sticked the penalty notice. My wife explained him but he didn't listen to it.

I have appealed them with the same but rejected.

@mystery1, Can you please help me?

regards,
RD

[mystery1]

Re: Received PCN for parking 11 minutes after ticket expired

So this is now a popla appeal you are doing ?

Can you post up the PCN, suitably sanitised ?

M1

[ravidoki]

Re: Received PCN for parking 11 minutes after ticket expired

Thanks @mystery1.

Yes, I want to appeal this with POPLA. Here is the letter received from PEA.

Regards,
RD

[mystery1]

Re: Received PCN for parking 11 minutes after ticket expired

Do you have the original ticket ?

M1

[ravidoki]

Re: Received PCN for parking 11 minutes after ticket expired

Yes. I have. I am also sending the photos they have taken to kati@legalbeagles.info.

[ravidoki]

Re: Received PCN for parking 11 minutes after ticket expired

@mystery1. I am waiting for your reply.

[mystery1]

Re: Received PCN for parking 11 minutes after ticket expired

[MENTION=49370]Kati[/MENTION] Have you got these please ?

M1

[Kati]

Re: Received PCN for parking 11 minutes after ticket expired

@Kati Have you got these please ?

M1

:sorry: M1 ... here they are:

[Kati]

Re: Received PCN for parking 11 minutes after ticket expired

and:

[Kati]

Re: Received PCN for parking 11 minutes after ticket expired

last one:

[mystery1]

Re: Received PCN for parking 11 minutes after ticket expired

Edit to suit, if required.

ravidokipopla.rtf


http://parking-prankster.blogspot.co...a-process.html

M1

[ravidoki]

Re: Received PCN for parking 11 minutes after ticket expired

Thanks @mystery1. I will do it tonight and will update.

[ravidoki]

Re: Received PCN for parking 11 minutes after ticket expired

It got rejected.

Thanks Mystery for your help.

[mystery1]

Re: Received PCN for parking 11 minutes after ticket expired

Rejected ? Wow bit surprised at that for an 11 minute overstay.

Any chance of seeing the decision ?

M1

[ravidoki]

Re: Received PCN for parking 11 minutes after ticket expired

Yes. Here it is.

The operator has issued the parking charge as the appellant parked with an expired parking ticket. The appellant has raised that he was delayed leaving the car park as his child was sick. When looking at appeals, POPLA considers whether a parking contract was formed and, if so, whether the motorist kept to the conditions of the contract. Even if a motorist presents mitigating circumstances setting out exceptional reasons why they did not keep to the parking conditions, POPLA cannot allow an appeal if a contract was formed and the motorist did not keep to the parking conditions.” The operator has provided photographs of the appellant’s vehicle. The photographs show that the ticket displayed in the windscreen expired 15:10, the photographs are time stamped 15:21. The operator has provided photographs of the signs at the site. The signs state vehicles, “not displaying a valid permit/ticket clearly on the dashboard” will be issued with a parking charge of £100. Within Section 18.1 of the British Parking Association (BPA) Code of Practice it states, “A driver who uses your private car park with your permission does so under a licence or contract with you. If they park without your permission this will usually be an act of trespass. In all cases, the driver’s use of your land will be governed by your terms and conditions, which the driver should be made aware of from the start. You must use signs to make it easy for them to find out what your terms and conditions are.” Furthermore, Section 18.3 of the BPA Code of Practice states, “You must place signs containing the specific parking terms throughout the site, so that drivers are given the chance to read them at the time of parking or leaving their vehicle. Keep a record of where all the signs are. Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand.” I consider the photographic evidence to show that the operator met the minimum standards set by the BPA. I also consider that it is clear a valid ticket must be displayed. POPLA is an independent appeals service that assesses appeals based on the evidence supplied by both parties. POPLA considers if a motorist has complied with the terms and conditions of parking set out in the signage at the site. If it is found that a motorist has not complied with the terms and conditions of parking, the appeal must be refused. Whilst I acknowledge the appellant was attending to a sick child, the ticket displayed in the vehicle had expired at the time the operator issued the parking charge. As such, I can conclude that the operator issued the parking charge correctly.