Change in Hours of Operation

KEKL · 13 July 2017 at 3:24PM

Are the following reasonable to use in a defence where the vehicle was parked from 8.42am to 9.14am:
1) The parking controls had previously operated from 9am for > 20 years. There is no signage alerting to change of operable hours although noted that the very small parking signs do state the hours of operation.
2) Local resident bays control parking from 9am therefore no expectation that a new operator would change the hours of operation.

This is for a CEL case with PCN/NTK through the post.

Many thanks

Quentin · 13 July 2017 at 3:29PM

That won't work.

Everyone is politely asked to read the newbies FAQ thread near the top of the forum before starting a new thread

Go there now for advice on how to deal with this

Edit your post to remove details of who was driving

Fruitcake · 13 July 2017 at 3:35PM

Please read the Sticky thread for NEWBIES then send the BPA template in blue, from the keeper.

What happened on the day is irrelevant so 3) is of no use to you.

Operators are required to allow a reasonable bedding in if Ts and Cs have changed, so not warning motorists beforehand is a breach of the BPA CoP so would be one of several appeal point at the second stage appeal, PoPLA.

Do not reveal the driver's identity, not even on here, so never say I parked or I used to park etcetera.

Was this a windscreen ticket or PCN/NTK through the post?

Coupon-mad · 13 July 2017 at 3:43PM

Are the following reasonable to use in a defence

Do you mean to defend a court claim?

Or just first appeal for a recent PCN?

Either way, other CEL threads show you that templates are used, for appeal or defence v CEL.

KEKL · 13 July 2017 at 4:36PM

I couldn't find anything specifically referring to change of hours so want to know if this is relevant. This is to defend a court claim.

Coupon-mad · 13 July 2017 at 4:42PM

OK, so your defence can be based on the usual templates you see used on other CEL threads. The you could add a quote you will find in the BPA Code of Practice, about the need to make signage clear, especially if enforcement is new or the terms have changed.

If yours is a 12th June claim you MUST email this to the CCBC tomorrow morning, to avoid a default loss. We know lots were issued a month ago and you are nearly out of time to defend, if so.

Change in Hours of Operation

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