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  • FIRST POST
    • KEKL
    • By KEKL 13th Jul 17, 3:24 PM
    • 2Posts
    • 0Thanks
    KEKL
    Change in Hours of Operation
    • #1
    • 13th Jul 17, 3:24 PM
    Change in Hours of Operation 13th Jul 17 at 3:24 PM
    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
    Last edited by KEKL; 13-07-2017 at 4:35 PM. Reason: following advice from anothe poster on content
Page 1
    • Quentin
    • By Quentin 13th Jul 17, 3:29 PM
    • 33,044 Posts
    • 17,007 Thanks
    Quentin
    • #2
    • 13th Jul 17, 3:29 PM
    • #2
    • 13th Jul 17, 3:29 PM
    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
    • By Fruitcake 13th Jul 17, 3:35 PM
    • 40,419 Posts
    • 80,738 Thanks
    Fruitcake
    • #3
    • 13th Jul 17, 3:35 PM
    • #3
    • 13th Jul 17, 3:35 PM
    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?
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Coupon-mad
    • By Coupon-mad 13th Jul 17, 3:43 PM
    • 50,755 Posts
    • 64,156 Thanks
    Coupon-mad
    • #4
    • 13th Jul 17, 3:43 PM
    • #4
    • 13th Jul 17, 3:43 PM
    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.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • KEKL
    • By KEKL 13th Jul 17, 4:36 PM
    • 2 Posts
    • 0 Thanks
    KEKL
    • #5
    • 13th Jul 17, 4:36 PM
    • #5
    • 13th Jul 17, 4:36 PM
    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.
    Last edited by KEKL; 13-07-2017 at 4:38 PM. Reason: responding to other questions
    • Coupon-mad
    • By Coupon-mad 13th Jul 17, 4:42 PM
    • 50,755 Posts
    • 64,156 Thanks
    Coupon-mad
    • #6
    • 13th Jul 17, 4:42 PM
    • #6
    • 13th Jul 17, 4:42 PM
    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.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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