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Private parking tickets / Re: Parkingeye - PCN Received for driving in and out of car park out of hours!
« on: August 04, 2025, 10:19:15 am »
Hi @b789 @jfollows
I’ve finally had a response from POPLA and my appeal was successful!! A huge thanks for all your help, especially the appeal template, very much appreciated 🙏
I’m really glad that I stuck to it in the end, saved a £100, but even more importantly, got what I think is the correct decision 😊
Please see below the assessor’s findings, in the hope that it might help someone else:
Assessor supporting rational for decision
I am allowing this appeal and will detail my reasoning below: By issuing a PCN the parking operator has implied that the terms and conditions of the private land have not been met. When an appeal is brought to POPLA, the burden of proof begins with the parking operator to demonstrate the breach they claim has occurred. I must therefore assess the terms and conditions of the site, any relevant code of practice, or legislation to determine if the PCN has been issued correctly. In this case the operator has issued the PCN for remaining at the car park for longer than the stay authorised or without authorisation. In the appeal it was explained that the driver of the vehicle had pulled over to take a short break. They state the signage at night is totally illegible. After entering the dark site, the appellant had a closer assessment of the signs, with a torch, and left after. The appellant has provided images of the car park at night which demonstrate the site is pitch black. The Private Parking Sector Single Code of Practice (The Code) sets the standards its parking operators need to comply with. Section 5.1 of the Single Code of Practice states that parking operators must allow a consideration period of appropriate duration, subject to the requirements set out in Annex B to allow a driver time to decide whether or not to park. In this case the appellant was on site for 5 minutes. I would consider it reasonable as the site was dark to take some time to read the terms. I am satisfied once they discovered the terms of the site they left within the consideration period. I must allow the appeal. I note the appellant has raised other issues as grounds for appeal, however, as I have decided to allow the appeal for the reason above, I did not feel they required further consideration.
I’ve finally had a response from POPLA and my appeal was successful!! A huge thanks for all your help, especially the appeal template, very much appreciated 🙏
I’m really glad that I stuck to it in the end, saved a £100, but even more importantly, got what I think is the correct decision 😊
Please see below the assessor’s findings, in the hope that it might help someone else:
Assessor supporting rational for decision
I am allowing this appeal and will detail my reasoning below: By issuing a PCN the parking operator has implied that the terms and conditions of the private land have not been met. When an appeal is brought to POPLA, the burden of proof begins with the parking operator to demonstrate the breach they claim has occurred. I must therefore assess the terms and conditions of the site, any relevant code of practice, or legislation to determine if the PCN has been issued correctly. In this case the operator has issued the PCN for remaining at the car park for longer than the stay authorised or without authorisation. In the appeal it was explained that the driver of the vehicle had pulled over to take a short break. They state the signage at night is totally illegible. After entering the dark site, the appellant had a closer assessment of the signs, with a torch, and left after. The appellant has provided images of the car park at night which demonstrate the site is pitch black. The Private Parking Sector Single Code of Practice (The Code) sets the standards its parking operators need to comply with. Section 5.1 of the Single Code of Practice states that parking operators must allow a consideration period of appropriate duration, subject to the requirements set out in Annex B to allow a driver time to decide whether or not to park. In this case the appellant was on site for 5 minutes. I would consider it reasonable as the site was dark to take some time to read the terms. I am satisfied once they discovered the terms of the site they left within the consideration period. I must allow the appeal. I note the appellant has raised other issues as grounds for appeal, however, as I have decided to allow the appeal for the reason above, I did not feel they required further consideration.