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  • FIRST POST
    • Pachamama
    • By Pachamama 16th Jul 17, 8:09 PM
    • 10Posts
    • 5Thanks
    Pachamama
    Tower Road Newquay PCN
    • #1
    • 16th Jul 17, 8:09 PM
    Tower Road Newquay PCN 16th Jul 17 at 8:09 PM
    Hi there,
    Firstly, sorry for replying to NEWBIES thread, I did so from the top of the page and so genuinely didn't see request to start new thread...Apologies!!
    Anyway, maybe someone can help. I am thinking of using template on MSN to fight ticket.
    However, should I include as a reason for unfairness that we paid for 4 hours? They have us down as 4 hours 11 mins from entry to exit but as it took us 3 or 4 mins to get a ticket they can't possibly have given us the 10 minutes grace period from expiration. We had two young children with us, 7 months and 3 year-old if that makes any difference for grace period. Problem is that we no longer have the ticket and they haven't stated on what basis they are fining us. The £60 reduction is up on 18th so I need to deal with this asap. Thanks in advance for any advice.
Page 2
    • Pachamama
    • By Pachamama 13th Sep 17, 10:37 PM
    • 10 Posts
    • 5 Thanks
    Pachamama
    Hi, the assessment isn't too long so I've just copied it all, hope this helps. Thanks again all.

    Assessor summary of operator case
    The operator has issued the Parking Charge Notice (PCN) as the appellant failed to purchase sufficient parking time.

    Assessor summary of your case
    The appellant has raised numerous grounds for appeal as follows: • The operator has not provided a grace period in line with the British Parking Association (BPA) Code of Practice • The signage at the site is inadequate as it does not advise that the parking period commences on entry to the site. The appellant advises that they took time at the start of the parking period to review the signage and purchase the appropriate tariff, and explains that they were delayed leaving the site due to traffic. The appellant has provided evidence to support his appeal.

    Assessor supporting rational for decision
    The operator has provided photographic evidence of the appellant’s vehicle, entering the car park at 11:53, and exiting at 16:05, totalling a stay of four hours and 11 minutes. The appellant has raised concern with the signage, explaining that it does not indicate that parking time starts upon entry to the site. In relation to grace periods, Section 13.2 of the British Parking Association (BPA) Code of Practice explains that: “You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission, you should still allow them a grace period to read your signs and leave before you take enforcement action.” The operator has provided evidence of the payment made by the appellant, showing that the ticket was purchased at 11:59. I consider six minutes a reasonable period in which to park the vehicle, review the signage, and make a payment to entitle them to park. In relation to grace periods when leaving the car park, Section 13.4 of the BPA Code of Practice states that “You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.” The payment made by the appellant indicates their permitted time expired at 15:59. The appellant left the car park at 16:05, six minutes after. As this does not exceed the minimum ten minutes required at the end of the parking contract, I consider that the PCN has been issued incorrectly. Accordingly, I must allow this appeal.
    • Umkomaas
    • By Umkomaas 13th Sep 17, 10:48 PM
    • 15,432 Posts
    • 24,135 Thanks
    Umkomaas
    Great evidence, supporting our advice to holiday period Newquay parking cases to appeal strongly on Grace Periods. Now if we know the 'low down' on GPs, then so should PE.

    They know full well that they had absolutely no justification for requesting your data from the DVLA because you had no case to answer (but chanced it in the hope your naivety would nett them £100). Deplorable in the extreme.

    Before I type much more on this - are you up for a much bigger fight with PE, via complaints to the BPA, the DVLA, and the ICO, with a potential issuing of a small court claim for a breach of the Data Protection Act in unreasonably accessing your data? Or are you content to wipe your brow and be relieved this is all over for you?

    Your call - but you could pull £750 from them, but only if you're up for it, and all the work involved.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Redx
    • By Redx 13th Sep 17, 10:50 PM
    • 16,487 Posts
    • 20,647 Thanks
    Redx
    well done

    so like I clearly said to you in post #3 , GRACE PERIODS - CLAUSE #13 won it for you and that assessor has said as much when they analysed the two periods for you

    6 minutes to park and six minutes to leave (or thereabouts) is definitely within clause #13 limits and proves that PE are trying it on

    if you wish to have a go back at them , then they actioned your dvla data without "just cause" and you could consider claiming for a DPA breach

    there is plenty of information on such a fightback action on here and you have 6 years to gather the evidence and do so

    and you should also complain to your local MP and to STEVE DOUBLE MP (for newquay) and enclose a copy of the popla decision as evidence , also asking them to support the private members bill currently going through parliament and mentioned on here by bargepole recently
    Last edited by Redx; 13-09-2017 at 10:52 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
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