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I overstayed in a car park, but during a free parking period - can I fight the PCN?
I received a PCN from Parking Eye for overstaying. I paid for 120 minutes and stayed 147 minutes. We planned to pay for any excess when we left by buying an extra ticket. When we tried to do this (on two machines) the coins we blocked. Someone informed us that the machine was off as it was after 6pm and parking was free after that time, as the sign confirmed. I have contested the charge on these grounds, but this has now been refused on the grounds of not paying the extra. Despite my explanation they seem to have completely disregarded my reasons and now demand payment. They also inform me that I have reached the end of the internal appeals procedure and my only recourse is POPLA. I also understood that if I appealed to Parking Eye then I would still be allowed the original 14 days settlement period. This is now not the case. What would you recommend? I'm photographed entering site at 16:02 and exiting at 18:44.
Asked on 4 September 2017 by lentos
Answered by
Honest John
What they say was 'overstay' was, in fact, free parking. The two hours you paid for took you to past six o'clock. So, on the facts, if you take your case to POPLA, you should win.
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