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Good point! And thank you. 👍

Appeal submitted with last paragraph edited as follows:

APPEAL POINT FOUR - That I believe that adequate time was purchased for the parking event which is causing this dispute - according to Just Park's own information entering the car park early is acceptable if the car is not actually parked in the space. So, the alleged overstay is in fact three minutes. Even considering a minimum grace period of ten minutes, the contractual dispute amounts to 1 minute - the operator's own evidence shows that the driver entered at 22.22 and left at 19.33 the following day - the 'time on site' was 21 hours and 11 minutes - 21 hours were paid for but 22 hours would have cost no more. Additionally, EuroCar Parks state in their correspondence that £12:80 was paid to JustPark when it was in fact £14.29. (Please see attached receipt.)

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Thank you all again and watch this space!

Thank you! Very much appreciated.

Best
Al

Just to say my appeal is now logged with ECP and I await its dismissal with an overwhelming sense of inevitability. 😊

This is the text of the appeal I sent (required shortening as ECP only allow a certain number of characters on the form:)

I am appealing this PCN as the registered keeper of EK71JXG. Parking was pre-paid on the Just Park App from 22:30 on 22/01/26 until 19:30 on 23/01/26, booking reference 99882108. I also note from a new search the price would be the same for a stay from 22:15 until 19:45.
Your PCN states the vehicle was parked ‘without a valid Pay by Phone transaction.' A valid Pay by Phone transaction WAS paid for through JustPark, and the car was not parked within a bay except during the time paid for.
I also note the Notice to Keeper does not meet the full requirements of The Protection of Freedoms Act (2012). As a result, you cannot therefore transfer liability to the keeper, and, as I am under no obligation to do so, I will not be identifying the driver.
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Watch this space…

Hello there, Below is a transcript of my intended Appeal. Please advice if there are any glaring ommissions, errors etc.

One other thing - the PCN was issued on 28/01, but I did not receive it until 07 or 08/02 (Can't be sure.) That only leaves three days until the '11 days' early payment option disappears which seems sneaky at best, illegal at worst. Luckily, I'm not paying it. Anyway - the appeal:


Dear Sir/Madam

I would like to appeal this PCN as the registered keeper of the vehicle. I also pre-paid for the parking as outlined below.

The driver entered Brunel House Car Park at 22:22 on 22/01/26 and proceeded to unpack the car. The car was moved into its space and up against a barrier at 22:30 as that was when the allotted time paid for with JustPark began.

The car was booked into the car park through the JustPark App from 22:30 on the 22nd to 19:30 on the 23rd for £14.29, booking ref 99882108

The next day the driver arrived back at the car at 19:25, five minutes before the allotted parking time was over and moved the car away from the barrier to repack it. The driver then drove out of the car park at 19:33.

Your PCN states the vehicle was parked ‘without a valid Pay by Phone transaction.' I dispute this as a transaction was paid for through JustPark, and the car was not parked within a bay except during the time paid for.

On reviewing the information regarding the PCN, the Just Park App stated the early arrival is ok as long as the vehicle was not actually parked before the Parking start time. Presumably this would also extend to the three minutes after 19:30 on the 23rd. Either way, a £100 fine for a three minute overstay within the confines of the car park is highly excessive.

Additionally, I also note the Notice to Keeper does not meet the full requirements of The Protection of Freedoms Act (2012).

In summary, as the registered keeper of the vehicle, I believe this PCN was issued in error as I had fully pre-paid for the duration during which the vehicle was parked in Brunel House Car Park.

Yours faithfully....

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Once again, many thanks for your help.
Al

Just wondering if the PCN threw any light on the matter - especially the PoFA compliance issue mentioned by InterCity125?

Any help most appreciated.

Al

Here, hopefully, are the images:


https://ibb.co/Nn7RS4LL
https://ibb.co/b5RSvGrj
https://ibb.co/G4n3JkN0
https://ibb.co/DPJrV874


Many thanks
Al

Hi,

The driver prepaid for parking in Portsmouth in January from 22:30 until 19:30 the next day with Just Park. It was at Brunel House Car Park, which is apparently 'Private Land'.

The driver arrived at the car park at 22:22:34 and drove in, but did not park until the car was unpacked - after 10:30.
The next day the driver arrived back at the car at 19:25, and after moving the car (parked with boot against a barrier for extra security) repacked it and left at 19:33.

The driver just received a PCN from Euro Car Parks for £100 'The vehicle was parked without a valid Pay by Phone transaction.' The driver paid for 21 hours but they are saying 'parked' for 21 hours and eleven minutes.

Having spoken to the Just Park Bot, the driver was informed the early arrival is ok as long as the vehicle was not actually parked (how we prove this is unclear,) but on leaving, the three minutes (during which the driver had moved the car, but again, how does either party prove that?) constitute an overstay which the driver can be fined for.

Considering the driver paid for 21 hours, and not only was the overstay a maximum of three minutes and thirty one seconds, this seems excessively strict.

The driver would very much appreciate any advice on whether there are grounds to appeal considering the vehicle was not actually parked before the allotted time. The driver accepts the car was not driven out of the car park until three minutes past the allotted time, but this appears to be an excessively strict and unreasonable application of the rules - especially as the driver had returned to my car before the allotted time had run out and moved it to open the boot.

Many thanks in advance for your thoughts.

Alistair