ECP ANPR PCN - overstay - M&S Teddington

[Jonb71]

My wife stayed in M&S Teddington Carpark managed by Euro Car Parks. Maximum stay is 90 minutes.
 

Ticket 1 paid @ 09:55 for £2 allowing her to park until 11.25am. @ 10:22 realised she'd be longer so bought another £2 ticket allowing her to park until 11:52am.
Car officially left @ 11:55:49, 3 minutes 49 seconds after second ticket had expired - there was a queue to exit the car park where number plate recognition took place.
 

PCN notice to keeper dated 19/08/20 arrived for me as vehicle owner showing entry and exit times stating vehicle parked longer than maximum period allowed.
Date of event: 14/08/20       Date issued: 19/08/20
Requests payment to be made within 28 days of date issued by 16/09/20, discounted to £50 is paid by 02/09/20.

Q1: Is there a rule for car exiting 3 mins 49'' after? She was in the car leaving but there was a queue to get out of the car park so ANPR took time when finally exited.

Q2. Irrespective of q1, attached council planning link http://www2.richmond.gov.uk/PlanData2//Planning_Search.aspx#results shows that whilst there is permission for the ANPR granted on 15/04/2019, that it was written off along with signage on 06/01/20 as planning was never validated. Does this make all PCNs issued invalid and therefore no need to pay or even acknowledge, whether there is signage or not as the signage is illegal without planning? Have I understood this correctly so just ignore?

 

I received a PCN from same car park a year ago, ignored all letters, including the debt recovery letters, and eventually they just stopped being sent.

Guidance and thoughts appreciated on this one if same process applies - thank you

[lookinforinfo]

If it was only the 3 minute delay in leaving that caused the ticket to be issued then that was wrong.

Motorists are allowed at least 10 minutes grace.

However I was not able to access the M&S car park to see if there are time restrictions ie 3 hour maximum stay for example.

 

As for the ANPR camera, it is unclear whether the application was for a second camera that was refused or a different camera replacing the one that already had permission granted. However there appears no doubt that they never received permission for their signs to be erected. It follows therefore that the signs should not be there and PCNs should not be issued.

 

There is little point in appealing to PE , they will find a reason to justify their actions.

Your best course of action is to write to M&S Head office complaining that you have been charged by PE for overstaying by 3 minutes.

 

This was caused by delays at the exit and in any event, PE is obliged by Law to grant motorists at least 10 minutes grace.

If you want to add that they have no reason to even issue tickets since their signs have never been granted permission by the Council, that is up to you.

 

If the 3 minutes is the reason for issuing the ticket, a claim for breach of your GDPR by PE would be in order.

 

For confirmation if you could please post up your PCN front and back along with completing the questions below