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#Post#: 105584--------------------------------------------------
Overstay Due to Gridlock Traffic in Car Park - Premier Park PCN,
Purley Cross Retail Park
By: SpacedEngineer Date: January 12, 2026, 2:25 pm
---------------------------------------------------------
Hi all,
Looking for advice on how best to handle a parking charge notice
received from Premier Park for an alleged overstay at Purley
Cross Retail Park (pics of letter linked below).
The PCN alleges that the driver overstayed the permitted parking
time by 16 minutes, but this only occurred because the car park
was completely gridlocked. The driver returned to the car in
good time and spent well over an hour sitting in the vehicle
attempting to leave, barely moving due to congestion throughout
the whole car park.
The driver was not parked or shopping, they were actively trying
to exit the car park the entire time, long before the 3 hour
limit was up. However, a good chunk of time the driver was sat
in the car in the parking spot because the congestion was so bad
that the driver could not even exit the spot. The driver did
eventually get out of the spot but then equally spent an
inordinate amount of time queueing to leave the car park.
The driver took a short video at the time showing the gridlock
and lack of movement, as they were concerned they might be
penalised despite having no way to leave sooner.
The PCN appears to be based solely on ANPR entry/exit times to
the site itself rather than the parking spot.
The driver sent the following complaint to the retail park
management company, Green & Partners, yesterday:
[quote]I am writing to you as the landowner/managing agent for
Purley Cross Retail Park to request cancellation of a parking
charge notice issued unfairly.
The alleged overstay occurred only because the car park was
completely gridlocked. The driver returned to the vehicle in
good time and then spent well over an hour attempting to exit,
with traffic barely moving due to severe congestion throughout
the site.
The vehicle was not parked beyond the permitted period. The
driver was in the vehicle and actively attempting to leave, but
was prevented from doing so by congestion within the car park.
The charge has been issued purely on ANPR entry/exit timestamps,
which do not reflect this reality.
Video evidence recorded at the time showing the gridlock is
available if required.
I ask that you instruct your parking contractor to cancel this
PCN. I would appreciate written confirmation once this has been
done.[/quote]
This morning, the driver received the below reply:
[quote]Unfortunately, this has nothing to do with us. You will
to speak to the company who issued you the ticket.[/quote]
The driver is now seeking advice on what the next steps should
be. Escalate with the management company? Appeal the PCN
formally with the PPC? If the latter, should any of the below be
focused on in the appeal:
[list]
[li]No actual parking took place during the overstay[/li]
[li]ANPR misuse (exit time ≠ parking time)[/li]
[li]Frustration of contract / impossibility to comply[/li]
[/list]
Something to note: Unfortunately the original PCN was sent to
the registered keeper of the vehicle, who filled out a Transfer
of Liability form naming the driver. So, the driver has been
named to the issuer of the PCN. The original issue date was 24th
December.
Thanks in advance for any help.
Pics of PCN:
Front:
HTML https://ibb.co/Sw7SbGsy
Rear:
HTML https://ibb.co/mCMWByPb
#Post#: 105622--------------------------------------------------
Re: Overstay Due to Gridlock Traffic in Car Park - Premier Park
PCN, Purley Cross Retail Park
By: jfollows Date: January 13, 2026, 1:41 am
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You’re already discussing this on MSE, aren’t you?
#Post#: 105623--------------------------------------------------
Re: Overstay Due to Gridlock Traffic in Car Park - Premier Park
PCN, Purley Cross Retail Park
By: SpacedEngineer Date: January 13, 2026, 1:47 am
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Yes, I was advised to post here too
#Post#: 105624--------------------------------------------------
Re: Overstay Due to Gridlock Traffic in Car Park - Premier Park
PCN, Purley Cross Retail Park
By: jfollows Date: January 13, 2026, 2:07 am
---------------------------------------------------------
It seems to me that you don’t need to over-complicate this, you
appeal as the driver on the points you stated, that essentially
you returned to your car and were prepared to leave well within
time, but were prevented from doing so.
These companies have a habit of not caring about the truth but
just the money, so if your appeal is rejected you will follow up
with POPLA including a still from your video. If POPLA doesn’t
uphold your appeal you wait for them to start the court process
which they generally use to frighten you and discontinue
eventually. It’s a well trodden path.
#Post#: 109933--------------------------------------------------
Re: Overstay Due to Gridlock Traffic in Car Park - Premier Park
PCN, Purley Cross Retail Park
By: SpacedEngineer Date: February 16, 2026, 6:04 am
---------------------------------------------------------
Hi all. As expected, Premier Park has rejected my appeal. Here
is their response, where they do not really address any of my
points at all.
[quote]Thank you for your appeal against the above Parking
Charge Notice (PCN). We have carefully considered your appeal,
however on this occasion the appeal has been rejected for the
following reason;
Whilst we note your comments and reason for appeal, we can
confirm that the maximum stay period within this car park is 3
hours. As your vehicle was on site for 3 hours and 16 minutes,
this was an overstay of 16 minutes. The signage on site clearly
sets out the terms and conditions of parking, including the
maximum stay period. There are no exceptions to these terms and
we can therefore confirm that this PCN has been issued
correctly.
Please note, a new notice will automatically be generated and
sent to you, as the liability has been transferred in to your
name, as the Driver of the vehicle. This is for your records
only and does not allow you to appeal again internally or
transfer liability. You now have 14 days from the date of your
new notice to make payment at the reduced fee of £60.00. If
payment is not received within 14 days, the fee will increase to
the full amount of £100.00.
We have considered this PCN and found that it does not fall
under the category of Annex F the Appeals Charter of the Single
Code of Practice. Therefore, if no further evidence is provided,
we will deem this to be our final decision.
You have now reached the end of our internal appeals procedure
and therefore you now have two options; you can either pay or
appeal to POPLA - you cannot do both:
You can pay the total amount due as shown above via the
following payment options;
Call us on: 01302 513232
Pay online: www.pcnpayments.com
Send a postal order: Premier Park Ltd, PO Box 624, Exeter, EX1
9JG
Or, you can appeal to an Independent Appeals Service, POPLA
(Parking on Private Land Appeals) using the POPLA reference code
provided above. Please note, should you decide to appeal to
POPLA and your appeal is subsequently rejected or you withdraw
your appeal, the option to pay a discounted amount will no
longer be available (if applicable) and the full amount of the
PCN will become due. Please note, if you pay the PCN prior to
appealing to POPLA, your appeal will be withdrawn as you will
have accepted liability in full.
If you decide to appeal to POPLA, you will need to visit their
website, www.popla.co.uk where further details of how to appeal
(either online or by downloading the relevant forms) can be
found. If you are unable to access their website, please call us
for further information on how to obtain the forms. Please
ensure your POPLA Reference Number, as noted above, is quoted on
all correspondence to POPLA. You have 28 days from the date of
this email to submit an appeal to POPLA. If you appeal to POPLA
we will suspend recovery activity on the PCN and the charge will
not increase until the appeal has been determined.
By law we are also required to inform you that Ombudsman
Services (www.ombudsman-services.org) provides an alternative
dispute resolution service that would be competent to deal with
your appeal. However, we have not chosen to participate in their
alternative dispute resolution service. As such should you wish
to appeal then you must do so to POPLA, as explained above.
If you do not make payment or submit an appeal to POPLA within
the relevant timeframe, the outstanding PCN may be passed to our
appointed debt collection agency for further action. All costs
associated with this process will be added to the amount
outstanding.[/quote]
This was my appeal:
[quote]I dispute this Parking Charge Notice in full as it is
founded on a false premise: no parking breach occurred.
The location offers three hours of free parking. The vehicle did
not remain parked beyond that period. The driver returned to the
vehicle over an hour before the free parking allowance had
expired and attempted to leave the site. However, the entire
retail park was gridlocked, with congestion throughout the
internal road layout and at the exits, preventing vehicles from
leaving.
The vehicle was therefore not parked beyond the permitted time.
It was occupied and in transit, delayed solely by traffic
conditions within the site. Time spent stationary in a queue
while attempting to exit a congested car park does not
constitute “parking”.
Your charge relies entirely on ANPR entry and exit timestamps.
These do not measure parking time and do not account for
unavoidable congestion preventing egress. Any interpretation
that treats forced exit-queue time as chargeable parking time is
unreasonable and unsustainable.
The delay was entirely outside the driver’s control and arose
from conditions within the car park itself. The driver had no
ability to influence the pace of traffic or leave sooner.
For these reasons, I require that this Parking Charge Notice is
cancelled. No payment will be made.[/quote]
With my appeal, I sent screenshots of the video I took at the
time showing the extent of the gridlock, since they didn't
accept video files.
My next step is to escalate the appeal with POPLA. Any tips or
things I need to know?
#Post#: 109940--------------------------------------------------
Re: Overstay Due to Gridlock Traffic in Car Park - Premier Park
PCN, Purley Cross Retail Park
By: InterCity125 Date: February 16, 2026, 8:44 am
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Same appeal points to POPLA.
Point out that 'time on site' is not 'period of parking'.
Did you have a picture of the T&Cs we can look at?
#Post#: 110589--------------------------------------------------
Re: Overstay Due to Gridlock Traffic in Car Park - Premier Park
PCN, Purley Cross Retail Park
By: SpacedEngineer Date: February 21, 2026, 10:06 am
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Sorry for the delay. I've just returned to the car park to snap
a pic of the sign (see link below). Anything here I should
mention in my POPLA appeal? Thanks in advance!
HTML https://imgbox.com/E6xIie6K
#Post#: 110638--------------------------------------------------
Re: Overstay Due to Gridlock Traffic in Car Park - Premier Park
PCN, Purley Cross Retail Park
By: InterCity125 Date: February 22, 2026, 2:52 am
---------------------------------------------------------
Yes - the sign uses the term, "Maximum stay 3 hours".
The term is therefore open to considerable interpretation in the
circumstances.
As a driver you can reasonably interpret the sign as meaning '3
hours parking' whereas the parking operator is clearly using the
argument of '3 hours time on site' (due to their use of ANPR
camaras at the entrance / exit).
This clearly falls into the realms of the legal principle of
Contra proferentem.
Suggest that you do a quick search for 'Contra proferentem' to
familiarise yourself with the principle - it's actually straight
forward.
So, in your case, the operator states that the maximum stay is 3
hours - they are the party setting out the ambiguous term which
means that you are the party who can reasonably interpret that
term - your interpretation is that the term means 3 hours
parking and not 3 hours on site.
Under Contra proferentem your interpretation should prevail in
the dispute since your interpretation is justifiable in the
specific circumstances.
Suggest that you draw up your POPLA appeal based on your
original appeal and then we can add an additional paragraph
setting out the above.
#Post#: 110639--------------------------------------------------
Re: Overstay Due to Gridlock Traffic in Car Park - Premier Park
PCN, Purley Cross Retail Park
By: jfollows Date: February 22, 2026, 3:10 am
---------------------------------------------------------
It’s an utterly ludicrous PCN, I agree with
[member=6750]InterCity125[/member], there’s no way you’re going
to end up paying a penny but they force you to jump through
hoops for no justifiable reason in case you accidentally happen
to provide them with your credit card details.
It’s not surprising but it’s just another example of a
disreputable industry run by cowboys who state untruths as facts
and have no regard for the truth.
You can only laugh when they say they have “carefully considered
your appeal”.
#Post#: 110667--------------------------------------------------
Re: Overstay Due to Gridlock Traffic in Car Park - Premier Park
PCN, Purley Cross Retail Park
By: SpacedEngineer Date: February 22, 2026, 6:51 am
---------------------------------------------------------
[quote author=InterCity125 link=topic=9473.msg110638#msg110638
date=1771750340]
Yes - the sign uses the term, "Maximum stay 3 hours".
The term is therefore open to considerable interpretation in the
circumstances.
As a driver you can reasonably interpret the sign as meaning '3
hours parking' whereas the parking operator is clearly using the
argument of '3 hours time on site' (due to their use of ANPR
camaras at the entrance / exit).
This clearly falls into the realms of the legal principle of
Contra proferentem.
Suggest that you do a quick search for 'Contra proferentem' to
familiarise yourself with the principle - it's actually straight
forward.
So, in your case, the operator states that the maximum stay is 3
hours - they are the party setting out the ambiguous term which
means that you are the party who can reasonably interpret that
term - your interpretation is that the term means 3 hours
parking and not 3 hours on site.
Under Contra proferentem your interpretation should prevail in
the dispute since your interpretation is justifiable in the
specific circumstances.
Suggest that you draw up your POPLA appeal based on your
original appeal and then we can add an additional paragraph
setting out the above.
[/quote]
Thanks so much for this info. Here is my first draft of an
appeal. Please do let me know if anything should be changed or
added.
[quote]I submit this appeal against the Parking Charge Notice
issued by Premier Park. I dispute the charge in full. No parking
breach occurred. The driver returned to the vehicle well before
the three-hour free parking period expired and attempted to
leave the site, but was prevented from doing so by extreme
congestion affecting the entire retail park. The vehicle was not
parked beyond the permitted time; it was occupied and attempting
to exit. The operator relies solely on ANPR entry and exit
timestamps, which do not measure parking time and do not account
for unavoidable gridlock within the site. Contemporaneous video
evidence is provided to support this appeal.
1. No Parking Breach Occurred
I dispute this Parking Charge Notice in full because no parking
breach occurred.
The location offers three hours of free parking. The vehicle did
not remain parked beyond that period. The driver returned to the
vehicle well over an hour before the three-hour free parking
allowance expired. The engine was started and the driver
immediately attempted to leave the site, but the entire retail
park was completely gridlocked. Congestion extended throughout
the internal road layout and across all lanes and exit routes.
Vehicles were unable to move despite drivers being present and
actively attempting to exit.
The vehicle was therefore not parked beyond the permitted time.
It was occupied, engine running, and attempting to leave the
site. Time spent stationary in a traffic queue while trying to
exit a congested retail park does not constitute “parking”. At
no stage did the driver choose to remain parked beyond the free
allowance. The vehicle was physically prevented from exiting
through no fault of the driver.
2. ANPR Entry/Exit Timestamps Do Not Measure Parking Time
The operator’s case relies entirely on ANPR entry and exit
timestamps. ANPR records the time a vehicle enters and leaves
the site perimeter. It does not record:
• when the vehicle parked in a bay
• when the vehicle vacated the bay
• whether the vehicle was in transit
• whether the vehicle was trapped in congestion
The operator has chosen a monitoring method that measures “time
on site”, not “time parked”.
In this case, the ANPR system simply recorded that the vehicle
was unable to exit due to severe congestion. It does not and
cannot establish that the vehicle remained parked beyond the
permitted period. Treating unavoidable exit-queue time as if it
were deliberate parking time is fundamentally flawed and does
not demonstrate any breach of the stated maximum stay.
3. Extreme Site-Wide Congestion – Video Evidence
Contemporaneous video evidence was taken at the time and is
provided to POPLA. The footage clearly shows:
• Extreme and unnavigable congestion extending throughout all
internal lanes.
• Vehicles stationary across the entire site.
• No cars moving.
• The vehicle positioned in a traffic lane, not in a parking
bay.
• The driver queuing in a line of traffic, completely unable to
leave.
The vehicle was not parked. It was in a live traffic lane, in a
queue, with the engine running, awaiting the opportunity to
exit. The driver had no ability to influence the pace of traffic
and no alternative exit route available. The delay was entirely
outside the driver’s control and arose solely from conditions
within the site itself.
4. Frustration of Contract / Impossibility of Performance
Even if the operator asserts that “maximum stay” refers to total
time on site (which is disputed), performance of the alleged
contract was rendered impossible.
The driver attempted to leave before the expiry of the free
parking period. Timely exit was prevented by extreme congestion
within the retail park.
Where performance becomes impossible due to circumstances beyond
a party’s control, the contract is frustrated. The driver cannot
be held liable for failing to leave within three hours when exit
was physically prevented by conditions on the operator’s own
site.
The operator cannot monetise congestion that occurs within its
own managed premises and is outside the motorist’s control.
5. Ambiguity of “Maximum Stay 3 Hours” – Interpretation in
Favour of the Consumer
The signage states: “Maximum stay 3 hours”. It does not define
whether this refers to 3 hours parked in a bay, or 3 hours total
time on site measured by ANPR. These are materially different
interpretations.
A reasonable motorist would interpret “maximum stay” as
referring to parking time — the period during which the vehicle
occupies a bay.
The signage does not clearly warn motorists that unavoidable
time spent queuing to exit due to site-wide congestion will be
treated as chargeable parking time.
Where a contractual term drafted by the operator is ambiguous,
it must be interpreted against the party who drafted it. Any
ambiguity regarding the meaning of “maximum stay” must therefore
be resolved in favour of the consumer.
In this case, the reasonable interpretation is that the maximum
stay refers to parking time. The vehicle did not remain parked
beyond three hours.[/quote]
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