Wife's had one of these through today..apparently staying 1:45 in a carpark with a 1:30 limit. The notice and photo evidence says she left at 12:25pm but she has a reciept from the shop who's car park it is for 12:29..I'm thinking I can challenge this, as the evidence is incorrect. How do I know the camera times haven't been altered to get her caught? Any advice? £45 if paid within 14 days of the notice.

When did she get there?

The fact the shop receipt is actually later appears to make it worse rather than better

She not sure what time she arrived. The letter has pictures with time stamps in them..but the times are incorrect so how do I know the images haven't been tampered with? Everything now a days is pretty much synced with some kind of internet connection, my mobile for example displays the exact same time as my laptop and the works PC etc..for a sophisticated anpr system to be quite a few minutes out would surprise me..unless the timings were altered.

Head over to:

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

Lots of info on this site.

If you post on there they will help/advise you. Keep you receipt too.

You'll have much better chance complaining to the site owners - if you can prove that you were there shopping then they are more likely to get the penalty dropped.

Is it actually a Penalty Charge Notice, or a Parking Charge Notice?

 

Penalty means it is an official 'fine'.

Parking means it is an 'invoice', and purely a civil matter.

 

If it is 'Parking', then you can fight it on the basis that the 'charge' must be a genuine pre-estimate of losses incurred by the owner of the car park, caused by your alleged overstay.  I would very much doubt that overstaying by 15 minutes caused a £45 loss to the owners...

 

Go to the Pepipoo forums, lots of helpful advice on there.

Yep, go back to the shop and ask them why they are fining you for shopping there.

The other thing is that the shops time stamp on the receipt could be wrong.

But as above if she was spending money they are not losing out.

The other thing is that the shops time stamp on the receipt could be wrong.

But as above if she was spending money they are not losing out.

 

Or the ANPR camera's clock is wrong  or both! 

 

Did you get the notice within 14 days of the overstay?

Did you get the notice within 14 days of the overstay?

Is this relevant?

It's not a police-issued NIP

Is this relevant?

It's not a police-issued NIP

 

Correct, it is not relevant. There is no time limit as it can take sometime for the third party to get the keeper details from the DVLA.

How much did she spend there?  Is she a regular customer of theirs?

I would ring the store number (likely to be on the goods receipt), obtain the Store Manager's name, do a polite but firm appeal letter to the parking operator, stating how much she spent, how often she shops there (maybe list recent dates visited and amounts spent) and cc. in the Store Manager, asking whether he/she wishes to lose a (loyal /regular etc etc) customer, send paper copies and email, chances are Store Manager will make one phone call and quash it!

This worked well with my local B&Q, where I was spending c.£60 a week for umpteen weeks whilst renovating my present home, and inadvertantly overstayed my welcome just once!

Good luck

Richard

Correct, it is not relevant. There is no time limit as it can take sometime for the third party to get the keeper details from the DVLA.

 

 

It is relevant. There is a time limit for posted invoices (as opposed to tickets stuck on the car)  (14 days) for the parking company to claim that the registered keeper is liable under Protection of Freedoms Act 2012.  If they exceed 14 days then the driver is liable.The parking company only knows the registered keeper (from the DVLA) and the registered keeper has no obligation to pass the driver's details on . It makes it more difficult for the parking company to pursue the claim. 

 

(4)The notice must be given by—

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

This is of course only relevant in England and Wales - in Scotland the law is far more sensible and the driver is the one responsible.

Was in time although it was only sent through the post so she could claim it never arrived...

My personal view is that she overstayed and that's the way it is but I do think £45 quid for 15 minutes is taking the pish as bit!

Was in time although it was only sent through the post so she could claim it never arrived...

 

 

See point 6, in the POFA section , it is assumed to have arrived two working days after posting. Anyway go to Pepipoo website they will be able to offer better advice.

I've sorted it. Got it reduced to £20. It was her own fault..

Just Scotland,

but if you google 

It was in Saturday November 8th 2014 Scottish Sun, but you can not read the whole article if not subscribed.

(there are articles from October in the Dundee Courier & Advertiser online in the lead up to the case being heard in the Forfar Court.)

 

So, Google,

Scottish Sun, 'Parking fee legal big axed'.

Or similar, 

you will see where UKPC were going to be taking  car owners to court for not paying 'Penalty Charges' issued for parking in a Dundee Retail Park, i take it for overstaying.

well the charges of £152 they issued when they were not paid the original Penalty.

 

There is a quote in the article from 

'Lawyer Michael Green who specialises in Private Parking Charges, said UKPC got cold feet over the action-which was for £8 more than the charges.

He added:

"This shows parking firms don't want their entire business model declared unlawful. 

Now they'll continue to issue suspect charges like candy."

'UKPC were not available for comment last night.'

Edited 9 November, 201411 yr by goneoffSKi

Looks promising

http://www.dailymail.co.uk/news/article-2807735/Could-millions-parking-fines-overturned-Legal-battle-launched-win-refunds-motorists-hit-illegal-charges-supermarket-hospital-car-parks.html