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#Post#: 114532--------------------------------------------------
Windsor Street Surface Car Park - Overstay "Fine" -
Smart Parking
DIR By: ParkingOutrage
Date: March 26, 2026, 2:11 pm
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Hello,
I have unfortunately managed to attract two parking fines in the
space of a few weeks. I will likely post about the other one as
well, but I'm more confident of winning a court case in that one
so this one needs to be priority.
Firstly: I messed up. In both cases I tried to appeal before
discovering this site and identified myself as the driver. Yeah.
I know. What can I say, some things you learn the very hard way.
I will use third person as suggested in the rules, though it may
be redundant.
What happened
On 11th February at 12.15, the driver arrived at the Windsor
Street Surface Car Park in Stratford Upon Avon. The car park in
question is small with some tight turning circles when full.
There are also a number of bays that are reserved for the use of
local businesses. At the time of parking, the car park was very
near full. The driver spent a bit of time navigating to a space
as a result, and was extra careful to check that they were in an
appropriate bay and not a reserved one.
A payment option at this car park is RingGo which the driver
used. They initially had some trouble getting on to the app,
and, when on, they exited the app by accident while trying to
ensure they had the right car park listed. This is due to there
being several car parks in the area including one of a very
similar name (Windsor Street Shoppers Car Park as opposed to
Windsor Street Surface Car Park). Having satisfied that they had
now found and paid for the correct car park, they exited the
car. The time the payment went through, according to the
receipt, was at 12.24, 9 minutes after being shown on the ANPR
camera at the entrance.
The initial payment made was for 2 hours. Having received a
notification from RingGo that the parking was due to expire in
10 minutes at 14.16, the driver then used the app to extend the
booking by an hour. At 15.16, the driver then received a second
text stating the parking was due to expire in 10 minutes at
15.16. The driver headed back to the vehicle and the ANPR camera
shows the car leaving at 15.26.Shortly after, a Notice To Keeper
was received stating an overstay of 11 minutes.
Appeal grounds
I, the Vehicle's Keeper, appealed the fine almost immediately on
the grounds that a good faith attempt to pay correctly for the
time used. This was evident in the fact that the driver paid and
then followed the text instructions from the parking service.
The overstay was prior to payment rather than a late return to
the vehicle and was a reflection of actual time parked and not
entry and exit time into the car park.The appeal was rejected on
the grounds that if additional time was needed it could be paid
for. This rejection completely ignored the circumstances
presented as the delay was in paying, not in returning to the
car.
Advice needed
I don't see the point in taking this to the IAS, as I feel
strongly that they'll take the stance that fine should be upheld
as an overstay occurred.If I'm going to pay the fine, I would
like to do so before it increases soon. BUT. Ideally, I would
like to not pay the fine as I feel this is unfair in an instance
where a good faith attempt to pay correctly for the parking was
made. What I am unsure of is a) what the likelihood is of this
going to court and b) the likelihood of a judge finding in their
favour.
Supporting Evidence
I have collated all supporting evidence, with redacted sensitive
details, into a Google Drive folder found here:
HTML https://drive.google.com/drive/folders/1BTjU4_kLbz_xie31Mrs1GSQ7o_QSemx2?usp=sharingThe<br
/>folder includes:
Correspondence between myself and the company
Proof of purchase of parking
Google maps screenshots showing the tight parking space and
highlighting reserved bays in yellow[/li]
Many thanks in advance for your time. Please let me know if I
can provide any further supporting information.[/li]
#Post#: 114533--------------------------------------------------
Re: Windsor Street Surface Car Park - Overstay "Fine"
- Smart Parking
DIR By: ParkingOutrage
Date: March 26, 2026, 2:17 pm
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Apologies for formatting inaccuracies.
Tried to fix one thing. Broke everything. Hopefully this is now
at least readable.
#Post#: 114542--------------------------------------------------
Re: Windsor Street Surface Car Park - Overstay "Fine"
- Smart Parking
DIR By: jfollows
Date: March 26, 2026, 3:17 pm
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Remember that they’re not “fines”, they are invoices for payment
under contract law because of the contract the driver entered
into by reading signs, agreeing to their terms and parking.
#Post#: 114545--------------------------------------------------
Re: Windsor Street Surface Car Park - Overstay "Fine"
- Smart Parking
DIR By: ParkingOutrage
Date: March 26, 2026, 3:59 pm
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Thanks! I do keep forgetting this.
Any thoughts on pay vs ignore?
#Post#: 114546--------------------------------------------------
Re: Windsor Street Surface Car Park - Overstay "Fine"
- Smart Parking
DIR By: ParkingOutrage
Date: March 26, 2026, 4:00 pm
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Thanks, I do keep forgetting this!
Any thoughts on pay vs ignore?
--- Quote from: jfollows link ---
>
> Remember that they’re not “fines”, they are invoices for
payment under contract law because of the contract the driver
entered into by reading signs, agreeing to their terms and
parking.
>
--- End Quote ---
#Post#: 114548--------------------------------------------------
Re: Windsor Street Surface Car Park - Overstay "Fine"
- Smart Parking
DIR By: ixxy
Date: March 26, 2026, 4:29 pm
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Could do with seeing the back of the PCN, does it refer to POFA
anywhere? Not that it makes much difference if you outed
yourself as the driver. The entrance sign is pretty hidden in
the bush in the photo, that could have also been an avenue of
appeal. SMART jumped ship to the darker side of parking when
they moved to the IPC and you're right it's unlikely any appeal
to IAS would succeed.
I can't see this going to court to be honest, you were one
minute over the grace period. They might threaten court but if
they do and you engage they will almost definitely drop it
before paying the court fee. Strictly speaking you breached the
Ts & Cs but in this case you clearly tried to comply and got it
wrong by 60 seconds in a 3 hour paid parking period. I'm not
always sympathetic to some of the blatant attempts to wriggle
out of paying a properly issued PCN, in this case though I'd say
don't pay em a penny, make them work for it.
#Post#: 114552--------------------------------------------------
Re: Windsor Street Surface Car Park - Overstay "Fine"
- Smart Parking
DIR By: ParkingOutrage
Date: March 26, 2026, 5:05 pm
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Thanks. And yeah. I'd like to think that if I just genuinely
forgot and that caused me to overrun, or if I'd thought "no one
will notice if I take an extra 5 mins" then I'd take it on the
chin as my error. But this was a genuine attempt to pay
correctly and it leaves a pretty sour taste in my mouth to
receive a PCN for it.
Of course, if everyone here is of the stance that regardless of
best intent, I messed up and it is what it is, then I'll just
have to deal with it.
Will look into back of the PCN tomorrow.
--- Quote from: ixxy link ---
>
> Strictly speaking you breached the Ts & Cs but in this case
you clearly tried to comply and got it wrong by 60 seconds in a
3 hour paid parking period. I'm not always sympathetic to some
of the blatant attempts to wriggle out of paying a properly
issued PCN, in this case though I'd say don't pay em a penny,
make them work for it.
>
--- End Quote ---
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