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Messages - ixxy

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1
When you paid for the parking is not relevant, this is not pay and display. Your parking (as far as the parking company is concerned) started when the driver passed the camera and ended when they exited. To avoid a PCN the driver needed to pay for the entire stay (less the 10 minute grace period). Your argument based around when the parking was purchased will not win an IAS appeal.

The only defence I can see here is if you still have the ticket from the machine and it does definitively state an expiry time as opposed to the duration of parking paid for. Probably still won't win an IAS appeal but would give you a reasonable defence in court.

2
Private parking tickets / Re: Barnet Hospital PCN
« on: April 19, 2026, 03:53:35 pm »
Depends really, on the face of it the driver didn't comply with terms and conditions put in place by the hospital. Lack of parking is a major issue at lots of hospitals. So unless you have other grounds for appeal like poor or inadequate signage or the PCN isnt POFA compliant (to all intents and purposes for appeals it is) you have 3 choices.
1. Start the long road to hoping they give up. You'll need to appeal which will be rejected, appeal to POPLA, which will probably be rejected. Ignore the debt collectors letters whilst keeping an eye out for the letter of claim that will need to respond to. Then you'll need to file a defence and probably attend a mediation call. Then if you're lucky the will discontinued the case, if not if you lose in court you'll be out of pocket to the tune of £300.
2. Name the driver and pass liability to them.
3. Pay it before the discount period ends.

The best option though is PALS.

3
Do you have grounds to appeal, no, at least not strong ones. Its the drivers responsibility to be aware of and comply with the contract they have entered into. Unlit signs, didn't know there were restrictions, didn't actually park won't get a PCN cancelled at appeal stage. Claiming forbidding signage therefore no contract won't either but may have some traction in court.

It may say five minutes on the PCN but in reality it will be 5 minutes and some seconds so outside of the consideration period so that won't work. Not being able to see the car in the images isn't unusual at night, the camera picked up the plate going in and out and that's what mattered unless you are disputing being there or your plates were cloned which you are.

You might get it cancelled if you explain  you were picking up a gym member who forgot to register you, but it's far from a given.

In reality appeals are unlikely to succeed from what you've given us so far, they will be followed by debt collectors and a letterof claim. There's a good chance it won't proceed to court if it's defended but that means engaging with the legal process later.

Personally I'd be having a long hard conversation with the gym goer, especially if several people's generosity has resulted in PCNs.

4
Thank you, not a POPLA win as such, the operator withdrew (which admittedly is odd), we don't know why.

5
It worked last week with an ECP appeal.

Could you link to that case please.

6
Just copy it directly.

I am expecting this POPLA appeal to be successful.

Really, how many appeals to POPLA using this defence do you need to see rejected to concede that POPLA at least doesn't agree with you? Use the defence as a holding position on the road to (hopefully) discontinuation but stop,suggesting to people tha they have strong grounds to appeal using this argument, time and time again we are seeing these appeals rejected.

7
The minimum 10 minute grace period only applies if you were parked in accordance with the Ts & Cs, e.g. there was a free stay period, you paid to park or you registered. Otherwise it's a minimum 5 minute consideration period, they are different and are not added together.

8
We need to see the PCN letter, front and back. Whether the camera is working or the rules still apply. Obviously the camera was working well enough to get you in and out. For future reference if there is no free stay on the signage the minimum consideration period is 5 minutes, 1 second more and you'll get a PCN.

9
I've given you my advice as have others. In my opinion it is far from conclusive that the argument that wording the NTK invalidates the ability to hold the keeper liable. It is unfortunate that some individuals like to portray it as a clear breach of the act when in reality they have no basis for  aking that assertion. Whilst it's fun to be rude about the private parking companies and call POPLA assessors capabilities into question, this is what they do for a living. They have access to in house and external legally trained people. It also easy to buy into the conspiracy theory all PPCs are dodgy as he'll, some are, particularly the smaller ones, but the bigger ones are professional run and work with clients like supermarkets, the NHS, universities etc. that have proper contract teams and legal bound tender processes. Its not the wild west people like to portray.

10
Private parking tickets / Re: EuroCarParks, Sainsburys, overstay
« on: April 01, 2026, 07:31:26 am »
The PCN also quite clearly states that if the driver is not identified they will pursue the keeper. The key issue here is whether the NTK has to have the exact wording contained within the legislation or not. Some people on here believe the wording needs to be exact, others are not so sure and the private parking companies and the independent appeals services certainly don't think that is the case.

So until a claim  gets to court that is solely defended on this basis and wins we don't really have definitive answer (and even then its not binding on other claims). So if a keeper doesn't want to pay a PCN and has no proper grounds to appeal then it makes for an official sounding appeal which will help,run the clock down until a claim is possibly issued. If on there other hand there are better grounds for appeal, clear breach of the code, NTK issued too late, signage issues, frustration of contract etc. , its much better to use those arguments as they might actually get an appeal granted and if it isn't the keeper is no worse off.

11
There is  no keeper liability in Scotland, doesn't mean they won't try court for that sort of money, especially if the have evidence of a deliberate attempt to defraud, I.e. the tape over the plate. That was not a clever move.

12
Appeal, this PCN is actually beatable at appeal, it genuinely isn't POFA compliant for once having been issued too late. Appeal along the lines of you are appealing as the keeper. You have no intention of naming the driver as there is no legal requirement to do so. As they do not know who the driver is and they issued the PCN outside of the 14 day period they cannot hold the keeper liable for the PCN under the protections of freedoms act 2012. As such they can not pursue you the keeper, and you expect them to cancel it. They might reject the appeal, as might IAS but you actually have strong defence grounds as long as you give them no indication who the driver was.

13
Next steps is you sit back and wait for the debt collectors (which you can ignore) followed by a letter of claim which you  ant ignore. Nothing else constructive you can do now. Your appeals were rejected.

14
I doubt very much that wording implies there is no max stay for customers. The key wording is on the signage, that's the contract. Does that mention there is no max stay for customers, most supermarkets word it so the max stay is specifically for customers shopping in store.

15
The Assessor has once again misrepresented compliance with PoFA.

In your opinion, would appear POPLA don't agree.

OP you can complain to POPLA but I'd save the  cost of the stamp personally and sit back saving your energy for when the letter of claim arrives.

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