Hi,
I’ve made an appeal to Popla, the outcome is attached below. What other options are available to me as the citizen advice bureau seems to be a long process?
Regards.
POPLA assessment and decision
12/11/2024
Verification Code
6062334426
Decision
Unsuccessful
Assessor Name
Rachel Hankinson
Assessor summary of operator case
The parking operator has issued a Parking Charge Notice (PCN) for not purchasing the appropriate parking time.
Assessor summary of your case
The appellant has raised their grounds of appeal, which have been summarised: • They took their mother to Coventry health centre and paid £1.80 for an hour • Their mother collapsed and the doctors had to attend to her urgently • The ticket expired when the ambulance arrived, so they renewed this at 4:38pm • They left site before the ticket expired • They believe that the extenuating circumstances surrounding the incident warrant the PCN being cancelled • If further evidence or information is required, they can be contacted After reviewing the parking operator’s evidence pack, the appellant reiterates their grounds of appeal in further detail regarding the circumstances and mentions the 10 minute grace period. They feel that the grace period should be clearly displayed in an accessible and visible location. The appellant has provided their payment as evidence towards their appeal. The above evidence will be considered in making my decision.
Assessor supporting rational for decision
When assessing an appeal, POPLA considers if the parking operator has issued the parking charge notice correctly and if the driver has complied with the terms and conditions for the use of the car park. The appellant explains that they took their mother to Coventry health centre and paid £1.80 for an hour. They state that their mother collapsed, and the doctors had to attend to her urgently. They believe that the extenuating circumstances surrounding the incident warrant the PCN being cancelled. I appreciate that this may not have been a purposeful breach of the terms, and the appellant would be concerned about their mother. There is a human side to parking appeals and, like in this instance it can make the refusal of an appeal uncomfortable. POPLA can consider whether a parking contract was formed and, if so, whether the motorist kept to the conditions of the contract. It must be recognised that even if a motorist presents us with circumstances setting out genuine reasons, we are unable to allow an appeal by the way of goodwill on behalf of the parking operator. Signage on site makes it clear that parking tariffs apply Monday to Sunday 6am until 6pm and failure to comply with the terms would result in a £70 PCN being issued. The appellant says that the ticket expired when the ambulance arrived, so they renewed this at 4:38pm. They left site before the ticket expired. I acknowledge the appellant’s evidence of their payments and whilst I appreciate that they purchased parking time for up to 2 hours, they exceeded this by 17 minutes. As no further payment was made, the appellant became liable for a PCN. The British Parking Association (BPA) has a Code of Practice which set the standards its parking operators need to comply with. Section 13.3 of the Code of Practice requires parking operators to allow the driver 10 minutes to leave if parking is permitted for a limited amount of time or on paid car parks. In this case, the appellant exceeded the paid parking time and the 10 minute grace period. I note that the appellant feels that the grace period should be clearly displayed in an accessible and visible location. However, there is no requirement for the grace period to be displayed on signage. I note that the appellant says that if further evidence or information is required, they can be contacted. I can base my assessment only on the evidence presented. POPLA’s role is to determine if the PCN was issued correctly. It is not within POPLA’s remit to gather evidence. If the appellant intended to rely on particular evidence to support their appeal, they would have to ensure it was provided along with their original appeal submission. Within their comments to the operator’s evidence, the appellant has reiterated their grounds for appeal in further detail. Whilst I appreciate the appellant’s comments, as I have already addressed these grounds as part of my assessment, such comments have no bearing on POPLA’s outcome. As such, I have no further comments to make about these grounds at this stage. Based on the evidence provided by both parties towards the appeal, I am satisfied that a breach occurred as the appellant did not make a valid payment for their full parking stay. I conclude that the PCN was issued correctly and therefore, the appeal is refused.
Your POPLA appeal is now complete
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Unhappy with the outcome?
You cannot challenge POPLA's decision. However, there are alternative routes to resolve your dispute. You may wish to seek advice from the Citizen's Advice Bureau or seek independent legal advice.
