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Hi all, looking for some guidance on how to proceed with a UKPA Parking Charge Notice (PCN) that I received for an alleged overstay of 21 minutes at The Colonnades, Croydon. I appealed to POPLA, but my appeal was rejected, and I’m unsure what my next steps should be.

The Situation:
   •   The driver entered the car park, parked, and went about their business.
   •   This is a maximum stay car park (3 hours), monitored by ANPR cameras.
   •   Upon returning to the car, the driver was delayed in leaving due to torrential rain and managing a distressed 8-week-old baby alongside a 3-year-old child.
   •   The total time on site (from ANPR entry to exit) was 3 hours 21 minutes, resulting in a PCN for overstaying by 21 minutes.
   •   The driver believed the parking period started when they parked, not when they entered, so they aimed to leave by what they thought was the correct time.

Appeal to UKPA & POPLA Decision:
   •   The UKPA appeal was rejected, so the driver escalated the case to POPLA.
   •   POPLA acknowledged the grace period of 10 minutes, but said that since the overstay was 21 minutes, the charge was valid.
   •   They also stated that the new Private Parking Sector Single Code of Practice (Oct 2024) allows some discretion but does not require UKPA to reduce or cancel the charge.
   •   POPLA rejected any further legal arguments, stating that they could not consider new points beyond those raised in the initial appeal.

Issues with the PCN:
   1.   ANPR captures entry/exit, not actual parking duration – the time spent finding a space and safely leaving is not accounted for.
   2.   Grace period should have been applied more fairly, given the circumstances.
   3.   Mitigating factors ignored – severe weather, caring for an infant, and ensuring a safe departure were not considered.

Next Steps & Advice Needed:
   •   Should I ignore the charge? How likely is UKPA to escalate to a County Court claim?
   •   Would the landowner be able to cancel the ticket? How do I find out who owns the car park?
   •   If taken to court, do I have a strong defence? Any advice on whether this is worth fighting further?

I have attached redacted copies of the PCN, the appeal, and the POPLA decision, as well as photos of signage where possible. Any guidance would be greatly appreciated—thanks in advance!

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if, as a mother, you needed for extra time due to caring for an 8-week-old baby and a 3-year-old child, this matter likely falls under "indirect discrimination" based on sex under the Equality Act 2010, This is because women are more likely to be primary caregivers. Additionally, considerations around reasonable adjustments and exceptional circumstances should have been taken into account.

Thinking aloud, this might be a tough sell to a judge (this isn't a comment either way on whether or not it should be). I can see some judges being reluctant to find that the application of a blanket grace period meets all the criteria for indirect discrimination set out in 19(2), based on sex and the associated argument that women are more likely to be caregivers.

If such an argument were to be made, I wonder if it would be strengthened by prefacing it with an argument that the contract was frustrated based on the need to provide some sort of immediate support to the baby.

With the EA argument, my mind is drawn to judges often wanting an easy life, and wanting to be led to decisions less likely to draw unusual scrutiny - they might find the frustration argument the easiest of the two to make, it being a more thoroughly trodden path in similar cases.