Author Topic: <8 mins between entering and leaving, fined for no payment  (Read 114 times)

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Hi,

I received a parking charge today. The car is mine, and it is me driving etc. Everything is fair and the time frame of it being sent is within limits etc.

However, I would like to appeal to the parking company but wanted to run it by you guys first. My points being:

  • The total time from entering to leaving is 00:07:58, so less than 8 minutes
  • I have two kids under 10 that I had to sort out
  • I was trying to book the parking on the app, but my phone was playing up. We started walking to where we were going.
  • When I still couldn't get parking booked on the app/website as we were walking, I went back to my car and moved it.

I feel the short space of time is a little aggressive and I was hoping they might at least give me some kind of smaller payment deal instead of the full £60.

Appreciate any opinions or advice, thanks.

PC company = I Park Services Ltd

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Re: <8 mins between entering and leaving, fined for no payment
« Reply #1 on: »
Can you post up the PCN redacting only personal info.

Where is the location?

« Last Edit: Today at 12:10:15 pm by insatiable »

Re: <8 mins between entering and leaving, fined for no payment
« Reply #3 on: »
Anything on the back?

Re: <8 mins between entering and leaving, fined for no payment
« Reply #4 on: »
Apologies, I have updated the link above with the full 3 page document. Thx

Re: <8 mins between entering and leaving, fined for no payment
« Reply #5 on: »
I don't think you will be able to argue the 5 minutes consideration period, that's in the code of practice unless you can successfully argue the car park is big enough to warrant a longer consideration period. The ntk is quite vague about the location, it gives a postcode but that's quite an area and covers at least 2 separate car parks, this could be a defence point meaning the the ntk is is not POFA compliant. I'd change your original post as you've clearly identified the driver. The driver should always be referred to in the 3rd party.

Trouble is I Park are IPC members and as such neither they or IAS are likely to grant your appeal. They will probably give up around the time they have to pay the court fee but that will be after the debt collectors letters which can be ignored and eventually an LOC which can't be ignored.
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Re: <8 mins between entering and leaving, fined for no payment
« Reply #6 on: »
So, basically email them, but expect to pay in full? That is kind of what I figured, but thought I would ask :)

Re: <8 mins between entering and leaving, fined for no payment
« Reply #7 on: »
The NtK does not appear to be compliant with Schedule 4 Paragraph 9(2)(f) which requires that the NtK;

warn the keeper... blah blah blah... the creditor will, if all the applicable conditions under this Schedule are met, have the right to recover from the keeper so much of that amount as remains unpaid;


The warning that 'the parking operator must meet the conditions of schedule 4' is missing from the NtK - this is mandatory wording.

Re: <8 mins between entering and leaving, fined for no payment
« Reply #8 on: »
So, basically email them, but expect to pay in full? That is kind of what I figured, but thought I would ask :)

Not necessarily, just don't expect 1st and 2nd stage appeals to work, especially if relying on nuanced interpretation of the legislation, it's extremely unlikely the operator or IAS would agree that the NTK is not POFA compliant. If you play the long game you can probably avoid paying this. Usually if you submit a defence before the court date they discontinue the case.
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