Derry car parks continue to mistakenly issue fines

Parking fines continue to be issued to Derry drivers incorrectly due to problems with the ANPR system that regulates car parking charges at car parks across the city.

The most affected car parks are Lesley Retail Park, Crescent Link and the Riverfront Complex.

The main two companies operating these systems are Smart Parking and Civil Enforcement, both of which are based in England and as such have no jurisdiction here as NI operates under different legislation.

In NI, it is the driver of the vehicle who is liable for any parking charges, not the registered keeper. As the burden of proof is on the claimant, these companies must provide evidence that the registered keeper was the driver of the vehicle at the time of the alleged contravention.

Once challenged on this legislative differentiation the companies generally overturn the appeal.

Smart Parking currently operates a two-hour waiting limit at Lesley Retail Park, imposing £100 fines on motorists who stay longer.

Motorists are given the option of paying a £60 fine within 14 days.

Local man, Brian McParland, is one of the drivers who has recently received a fine after parking at Lesley Retail Park.

However, Brian denies being the driver of the vehicle at the time and has explained it was two separate visits by another driver on his insurance policy, over two separate days, that were not logged by the camera correctly.

Brian contacted the Consumer Council NI regarding the parking charge notice (PCN) invoice that he received in the post on Saturday May 6.

The vehicle is registered to Brian, however Brian has explained he was not driving the car at this time.

The PCN claims the car was parked for 15 hours which Brian strongly denies.

Brian said: "The Automatic Number Plate Recognition (ANPR) system is recorded as 20.02.12 with a departure time recorded as 11.02.24 which I can only assume based on a 24 hour clock mode is the next morning 15 hours later.

"This would suggest the car was parked overnight at this particular car park that I will strongly defend did not occur.

"As an Estates Manager of a large college in the city, one of my own duties is the management of the CCTV system of various campuses with appropriately 500 cameras.

"I am fully aware of faults that can occur with CCTV NVR recording units, cameras and ANPN technology such as the one at the retail park.

"Therefore on this occasion I would suggest the car entered this particular car park on two separate times within a 24 hour period however did not record the time the vehicle left the car park on the first occasion shortly after 20.02.12."

Brian also suggested that the companies that have their car parking spaces managed by Smart Parking should be advised of these issues that potentially could have implications for their own customers.

Brian added: "I am the registered keeper of this vehicle however I would strongly deny that I was driving the car on the mentioned dates and times and I would ask that they provide the necessary "clear" evidence that it was I driving the car on the date the disrupted infringement occurred.

"The general advice to the general public is, if you receive such a PCN which is an invoice and not fee is that you should not contact Smart Parking to lodge an appeal and simply ignore it however personally my preference is that some form of complaint or appeal should be recorded.

"I would like the Consumer Council NI to liaise with this private parking company on my behalf as the registered keeper of the car and as a frustrated member of the general public in receiving such an invoice (PCN) and the stress that such an issue can cause."

Brian also reached out to Foyle MLA Mark H Durkan who said "erroneous parking charges at the retail parks are well documented" and continue to "cause frustration for many motorists, particularly those living in the surrounding areas."

Mr Durkan said: "My office deals with these charges and subsequent appeals on a near daily basis.

"It's my understanding that the APR system continues to mistakenly flag vehicles for overstaying the maximum hours of permitted free parking, resulting in parking charges from the company Smart Parking.

"This serious fault reared its head a number of years ago and it would appear that issues remain with the system on site.

"This added and unnecessary financial burden is the last thing people need through their door during these tough times.

"I would advise anyone who has been impacted not to make any contact with the park company but instead to contact my office or the Consumer Council for assistance. I will continue to liaise with management to find a resolution to this ongoing problem."