The parking operator issued the Parking Charge Notice because the motorist had exceeded the 90-minute maximum stay period.
The motorist explained that they did stay longer than 90 minutes but had parked at a time when the terms and conditions did not apply. Therefore, they had not exceeded the allowed time.
POPLA examined the evidence provided by the parking operator which included copies of the signs at the car park. The signs set out a 90-minute maximum stay applying daily between 10.00am and 23.59pm.
Automatic Number Plate Recognition (ANPR) cameras recorded the motorist’s vehicle entering the car park at 09.30am and exiting at 11.15am.
The motorist’s total stay was 105 minutes, but the parking restrictions only came into effect 30 minutes after they entered the car park. The motorist was only parked for 75 minutes while the restrictions applied. If it was the operator’s intentions that no-one could stay for more than 90 minutes, even if their parking time began prior to the parking restrictions becoming applicable, this was not clear on the signs.
POPLA allowed the appeal and required the parking operator to cancel the Parking Charge Notice because the motorist stayed for less than 90 minutes during the period in which the terms and conditions applied.