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« on: January 29, 2025, 11:24:23 am »
Hi all, looking for some guidance on how to proceed with a UKPA Parking Charge Notice (PCN) that I received for an alleged overstay of 21 minutes at The Colonnades, Croydon. I appealed to POPLA, but my appeal was rejected, and I’m unsure what my next steps should be.
The Situation:
• The driver entered the car park, parked, and went about their business.
• This is a maximum stay car park (3 hours), monitored by ANPR cameras.
• Upon returning to the car, the driver was delayed in leaving due to torrential rain and managing a distressed 8-week-old baby alongside a 3-year-old child.
• The total time on site (from ANPR entry to exit) was 3 hours 21 minutes, resulting in a PCN for overstaying by 21 minutes.
• The driver believed the parking period started when they parked, not when they entered, so they aimed to leave by what they thought was the correct time.
Appeal to UKPA & POPLA Decision:
• The UKPA appeal was rejected, so the driver escalated the case to POPLA.
• POPLA acknowledged the grace period of 10 minutes, but said that since the overstay was 21 minutes, the charge was valid.
• They also stated that the new Private Parking Sector Single Code of Practice (Oct 2024) allows some discretion but does not require UKPA to reduce or cancel the charge.
• POPLA rejected any further legal arguments, stating that they could not consider new points beyond those raised in the initial appeal.
Issues with the PCN:
1. ANPR captures entry/exit, not actual parking duration – the time spent finding a space and safely leaving is not accounted for.
2. Grace period should have been applied more fairly, given the circumstances.
3. Mitigating factors ignored – severe weather, caring for an infant, and ensuring a safe departure were not considered.
Next Steps & Advice Needed:
• Should I ignore the charge? How likely is UKPA to escalate to a County Court claim?
• Would the landowner be able to cancel the ticket? How do I find out who owns the car park?
• If taken to court, do I have a strong defence? Any advice on whether this is worth fighting further?
I have attached redacted copies of the PCN, the appeal, and the POPLA decision, as well as photos of signage where possible. Any guidance would be greatly appreciated—thanks in advance!
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