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Minimum 'grace period' between entering and leaving a BPA car park without paying?

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  • Minimum 'grace period' between entering and leaving a BPA car park without paying?

    I have been issued a parking ticket for spending 13 minutes in a completely full (BPA member) car park, waiting for someone to return and free up a space. I had not paid and gave up and left. The car parking company has rejected my appeal with this statement:

    "No record of a payment could be located for your vehicle registration. Whilst we note the comments made in your appeal, the signage on site states that charges apply at all times. Due to the use of ANPR cameras on this site, there is no requirement for Premier Park to have evidence of the specific parking space the vehicle parked in, this is because we have photographic evidence from the ANPR cameras, of the entrance and exit times. The PCN has been issued due to the length of time the vehicle remained on site without being authorised to do so, rather than for the bay in which the vehicle was parked. As we could find no record of a payment being made for this vehicle, your time on site had not been authorised and therefore we can confirm that this PCN has been issued to you correctly."

    I am trying to decide whether it is worth appealing to PoPLA, possibly on the grounds that:

    - 13 minutes seems to me to be a reasonable time to wait for a space to become available, before giving up and not entering into a contract with them
    - I didn't know the park was full when I entered and there were NO bays free
    - The car park is at least 5-6 mninutes brisk walk each way from the nearest shops or offices, therefore I had not simply parked to 'pop into the shops and run back' which would be feasible for a town centre park

    Your thoughts would be much appreciated.

    With regards,
    Tags: None

  • #2
    There is a court case around where it was found that waiting for a space in a car park is not parking.* I can't remember the name of the case at the moment but it might pay to search around.

    They other attack is that they failed to provide there part of the parking contract by not providing a space and therefore there was no contract and therefore no breach

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