Received a parking charge notice from GroupNexus alleging a 17 minute overstay at a retail park with a 3 hour limit where payment is required thereafter. I have already appealed and received an immediate template rejection.
I have spoken to the retailer and emailed the retail park management in the hopes of getting this cancelled but I have been unsuccessful so far.
I will include the text of my appeal below but I would like to know if my reasoning is sound and if there’s any chance of winning if I appeal to POPLA on the same grounds or what my best option is alternatively?
Thanks
Original PCN:
https://ibb.co/yFbmgNZthttps://ibb.co/21X9dhsqText of the appeal:
I am the registered keeper of the vehicle. I am not obliged to identify the driver and I decline to do so. The notice alleges that the vehicle was on site for 3 hours and 17 minutes. This duration is based on ANPR camera recordings of the vehicle entering and leaving the site boundary, not the time the vehicle was actually parked. You have failed to apply mandatory consideration and grace periods. Under the section 5 of the current parking sector single Code of Practice, you are required to deduct time for arrival and departure from the total time on site. From the Code: Section 5.1: "Where a parking operator assumes a vehicle is parked based on time alone they must allow a consideration period of appropriate duration, subject to the requirements set out at Annex B". Based on Annex B Table B.1, and given that the Gallagher Retail Park has greater than 500 parking spaces, a Minimum Consideration of 10 minutes applies. You have not provided evidence that the driver parked the vehicle and left the premises, paid the applicable parking tariff, or remained stationary for more than 5 minutes to end this consideration period early. Section 5.2: "A grace period as set out at Annex B to this Code must be allowed by the parking operator in addition to the parking period. A parking charge must not be issued during a Grace Period." Again, based on Annex B Table B.1, a 10 minute Grace Period must apply. Based on these periods, it is clear that the vehicle left the site during the grace period and that this parking charge should not have been issued. Please cancel this immediately.
The response was:
Dear Sir/Madam,
Thank you for your correspondence relating to your Parking Charge.
The Charge was issued and the signage is displayed in compliance with The Private Parking Sector Single Code of Practice and all relevant laws and regulations.
Clear signs at the entrance of this site and throughout inform drivers that the maximum stay at this site is 3 hours, and it is not possible to access any part of the premises without passing multiple signs. Please note that payment for parking is required after that, and it is not possible to access any part of the premises without passing multiple signs. Your representations are not considered a mitigating circumstance for appeal.
We confirm the Charge was issued under Schedule 4 of the Protection of Freedoms Act 2012. As full driver details have not been provided, we are holding the registered keeper of the vehicle liable.
In light of this, on this occasion, your representations have been carefully considered and rejected.
We can confirm that we will hold the Charge at the current rate of £60.00 for a further 14 days from the date of this correspondence. If no payment is received within this period, and no further appeal to POPLA is made, the Charge will escalate and further costs may be added. Should you appeal to POPLA, and your appeal is rejected for any reason, you will also lose your right to pay at the reduced rate.
