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#Post#: 115139--------------------------------------------------
Overstay @Sainsburys in Barkingside - Euro Car Parks
DIR By: zeezee
Date: April 2, 2026, 5:04 pm
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Hi
My friend's parents parked and broke down @ the the local
Sainsbury's carpark. They called the AA to get the car back up
and running - & have proof via email from them.
Any advice on the next steps would be much appreciated
>:(
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by Zee Aze
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on Flickr
#Post#: 115144--------------------------------------------------
Re: Overstay @Sainsburys in Barkingside - Euro Car Parks
DIR By: InterCity125
Date: April 3, 2026, 2:33 am
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Could you show the back please?
Do you know what the maximum stay period is?
#Post#: 115211--------------------------------------------------
Re: Overstay @Sainsburys in Barkingside - Euro Car Parks
DIR By: zeezee
Date: April 4, 2026, 12:34 pm
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So the max stay period was 2 hours & the back of the page is
below...
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by Zee Aze
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on Flickr
#Post#: 115226--------------------------------------------------
Re: Overstay @Sainsburys in Barkingside - Euro Car Parks
DIR By: Dave65
Date: April 5, 2026, 4:41 am
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As long as you have the proof of the breakdown, then this could
come under a frustration of contract and you could not leave.
#Post#: 115230--------------------------------------------------
Re: Overstay @Sainsburys in Barkingside - Euro Car Parks
DIR By: InterCity125
Date: April 5, 2026, 5:53 am
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It is only 1 minute over the allowed time.
10 mins grace is allowed at the end of each parking event.
Furthermore, the NtK is not PoFA compliant and therefore keeper
liability cannot occur.
#Post#: 115235--------------------------------------------------
Re: Overstay @Sainsburys in Barkingside - Euro Car Parks
DIR By: zeezee
Date: April 5, 2026, 9:36 am
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Thank you
So shall I appeal in, mentioning these points?
#Post#: 115236--------------------------------------------------
Re: Overstay @Sainsburys in Barkingside - Euro Car Parks
DIR By: DWMB2
Date: April 5, 2026, 10:20 am
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At risk of sounding like a pedant, the overstay was 11 minutes,
not 1 minute. The grace period is not part of the "allowed time"
as such, but rather exactly as it says, a grace period to allow
for things like leaving the car park etc.
The argument from ECP (which to play devil's advocate isn't
entirely without merit) will be that enforcement has to start
somewhere. Arguing de minimis might be hard.
If it were me, for the initial appeal I'd avoid muddying the
waters with PoFA or de minimis be focusing on the fact that the
reason the vehicle overstayed was due to a breakdown. The driver
was prevented from complying with the terms due to circumstances
outside of both parties control. This would seem to be a clear
case of frustration of contract.
If you haven't already, also approach the supermarket to see if
they'll intervene.
#Post#: 115245--------------------------------------------------
Re: Overstay @Sainsburys in Barkingside - Euro Car Parks
DIR By: zeezee
Date: April 6, 2026, 10:01 am
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I have drafted the following letter of appeal - is this ok to
send, bearing in mind that the 8th April is the date to pay the
half amount?
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Re: Appeal for Parking Charge Notice [Ticket Reference Number]
Dear Sir/Madam,
I am writing to formally appeal the Parking Charge Notice (PCN)
referenced above, issued for a minor overstay in your car park
on [Date of Incident]. I do not admit liability for the charge
and request that the PCN be cancelled for the following reasons:
Circumstances Outside of Control – Breakdown
The vehicle overstayed its allowed time due to an unforeseen and
unavoidable breakdown. The driver was unable to leave the car
park within the permitted time because of the mechanical issue,
which was entirely outside of the control of both the driver and
the parking operator. This situation falls under the principle
of "frustration of contract," where the inability to comply with
the terms of the parking agreement was due to an external and
uncontrollable circumstance.
Overstay Duration
The overstay in question was approximately 11 minutes, which is
a very minor infringement in comparison to the total duration of
parking. While I acknowledge the importance of adhering to time
limits, I believe that this small overstay—especially in light
of the exceptional circumstances—does not justify the imposition
of a penalty charge.
Grace Period and Enforcement
I understand that the grace period provided is not considered
part of the "allowed time" but is intended to cover situations
such as departing the car park. It is important to note that the
breakdown occurred during this period and directly led to the
overstay. The enforcement of parking charges should consider the
practicalities of such situations where the driver is physically
unable to leave due to a mechanical issue.
Request for Intervention from the Supermarket
I have also approached the supermarket where the car was parked
and requested their intervention in this matter, as they may be
willing to support the appeal given the circumstances.
In light of these factors, I respectfully request that you
cancel this Parking Charge Notice, as the situation was beyond
the driver's control and the overstay was minimal. I trust you
will take these points into consideration when reviewing this
appeal.
Thank you for your time and attention to this matter. I look
forward to your prompt and favourable response.
Yours faithfully,
#Post#: 115265--------------------------------------------------
Re: Overstay @Sainsburys in Barkingside - Euro Car Parks
DIR By: InterCity125
Date: April 7, 2026, 1:29 am
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I would add a line at the start stating;
This appeal is being made purely as the Registered Keeper of the
vehicle in question.
You could add that you are happy to share evidence with the
operator which supports the breakdown occurrence.
Obviously, if you ultimately provide such evidence, it is vital
that it does not reveal any driver details.
#Post#: 115268--------------------------------------------------
Re: Overstay @Sainsburys in Barkingside - Euro Car Parks
DIR By: DWMB2
Date: April 7, 2026, 2:33 am
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If you've got evidence and can add it to the appeal (I've no
idea if ECP's appeal system allows for attachments) then you
could add the evidence right off the bat - hiding any details
that identify the driver as noted above.
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