Those GSV images are of no use. They show that at the time it was operated by Group Nexus. Now it is operated by Bank Park.
As the Notice to Keeper (NtK) is PoFA compliant, they can transfer liability from the
unknown driver to the
known Keeper, so there is nothing to be gained by not identifying the driver. However, if the payment of £2.80 is the tariff for 2 hours of parking and the Parking Charge Notice (PCN) has been issued for a recorded stay of 2:10, then they have breached the PPSCoP. They are required to allow a 10 minute 'grace period' and the vehicle has not breached it. Forget the 34 seconds as that is de minimis and would probably be laughed out of court if they tried to insist on a breach of contract over it.
Can you get your bank to provide you with an actual time the transaction for parking was made? If they intend to rely on the 'period of parking' to be from entry to exit by ANPR camera, they are incorrect in their allegation of a contravention.
So in your case we have:
• Tariff paid for exactly two hours beginning at the moment the driver confirmed payment (20:10).
• ANPR says the car was “on site” for 2:10:34, so the “overstay” is 10 minutes 34 seconds.
• The driver left late only because of a mechanical parking brake fault.
• No paper ticket (electronic permit system), but you have proof of payment via bank statement.
That fits
National Car Parks Ltd v HMRC [2019] EWCA Civ 854* perfectly — the contract began when payment was confirmed, not at ANPR entry. Meaning:
Contract end = 22:10.
• PPSCoP 5.2 requires a minimum 10-minute grace period to leave after paid time expires.
• The actual “overstay” past the paid period is only 34 seconds — well within grace, and not actionable.
Here’s how I’d phrase that in the keeper’s appeal:
Dear Sir/Madam,
I am the registered keeper of vehicle [VRM] and dispute your Parking Charge Notice [Ref] dated [date].
On 1 August 2025, the driver paid for two hours’ parking at 20:10 via your on-site payment machine. No paper ticket was issued, as the payment system operates electronically, but proof of payment is attached (bank statement extract).
Your ANPR images record the vehicle on site for 2 hours 10 minutes 34 seconds. This includes a short, unavoidable delay in leaving the car park due to a mechanical parking brake fault. This delay does not constitute a breach of contract for two reasons:
1. When the contract began – In
National Car Parks Ltd v HMRC [2019] EWCA Civ 854, the Court of Appeal held that in a pay-and-display car park, the parking contract is formed at the moment the customer accepts the terms by completing payment and confirming via the machine. Entry into the car park does not form the contract.
• Applying this principle here, the driver’s paid period ran from 20:10 to 22:10.
2. Mandatory grace period – Section 5.2 of the Private Parking Single Code of Practice (17 February 2025) requires a minimum 10-minute grace period after paid time expires to allow the driver to leave the site. Your own evidence shows the vehicle exited just 10 minutes and 34 seconds after the paid session ended — well within the minimum requirement.
In light of the above, I require you to cancel this Parking Charge. If you refuse, I will only engage with the IAS, given its lack of independence, in order for you to incur the cost of paying for the appeal. However, I will robustly defend any claim you may choose to issue, and will seek my full costs under CPR 27.14(2)(g) for unreasonable behaviour.
Yours faithfully,
[Name]
Registered Keeper
Come back when it is rejected.
