Parking Fine Grace Periods ?

Rae52

grace period parking charge
dear all, I am new here. Being reading all your advice. And will send a letter to parking firm as the time has elapsed to appeal as my husband registered keeper was not driving, this as suggested should allow appeal process to restart. Thank you to all of you for ur advice and template letters, was getting really worried as received debt recovery letter. my question however is, having read the popla report it states you have to leave a reasonable amount of time for you to park, getout of car and return to car and leave car park. I was according to new generation 5minutes over free thirty minutes. It took me a while to park and get out of car, I checked sign made sure I was back in time. So thought I was ok. But hadn't realized clock starts ticking as soon as u enter and stop as u leave. Is there an official grace period as this seems unfair, 100 fine for 5 minutes. Couldnt find a thread to answer it so apolgies if already on there. Any help be much appreciated

Redx

the BPA would say that 5 minutes should be given for reading the signage

a judge recently ruled that finding a spot to park and reading signs did not constitute parking

see here http://parking-prankster.blogspot.co.uk/2014/03/waiting-for-space-is-not-parking.html

so parking is for being stationary in a parking spot , according to that judge and does not include entering or exiting the car park, nor reading signage either

in any case, the punishment is not a genuine pre estimate of loss, assuming a parking contract is in force

https://forums.moneysavingexpert.com/discussion/4835943 post #6

so you appeal it in the usual manner, also stating what I have mentioned too if you like

see this NEWBIES thread for a template and guidance https://forums.moneysavingexpert.com/discussion/4816822

see the flow chart in post #9 here for simpler guidance https://forums.moneysavingexpert.com/discussion/4922055

and thank you for starting your own thread

ps:- its not a FINE , its an invoice , only a court or a judge can fine you

Umkomaas

I'm afraid there is no standard 'grace period'. The BPA Code of Practice requires PPCs to provide a period of grace, but do not define its length. No PPC will tell you what it is.

All that said, this has never been a winning appeal point and so I wouldn't get too hung up over it.

Your husband should now write to NGP and inform them the name and serviceable address of the driver at the time of the parking incident. This should reset the clock, then you can follow the appeals' procedures in the NEWBIES sticky.

Come back if you need any help along the way.

Rae52

Thank you for your help. I have followed the newbie guide which is very helpul, and completed the template for sending a letter to state that the name keeper was not the driver, i will wait for them to send me the new parking charge notice as advised in the post. I will then send an appeal letter as the driver stating the above, and recent case history re grace period. I will also send a letter to the landowner with a complaint asking them to quash the fine, let you know what works. Thanks for advice on forum as was getting worried, and was thinking may have to pay, but now feel stronegr to keep going.Thanks x

Redx

when you do this letter, do not use the word FINE and I suggest you refrain from using it completely

it is a legal term and not applicable in these cases of parking on private land

its important to keep the letters professional, you wont find the word FINE on any of your paperwork as it would be illegal so do not use it yourself either

so yes name the driver (if there was no windscreen ticket) and get a new PCN in their name, then use the appeal template to appeal it as driver (not as RK) , if necessary prepare a popla appeal using the links in the newbies thread too , also mentioning the case I referred to at pranksters website

Ivor_Pecheque

In our case (above, Fistral), one point of defence was that the car park was so overcrowded that we spent 31 minutes trying to find a spot.

The "grace period" for Fistral is 20 minutes. Although Fistral don't make it obvious, I was able to evidence it from an interview, the Briant family (the landholders) had given to the local press, the year before.

The Judge ruled that it was obvious from the rather generous grace period of 20 minutes, that there was obviously a problem with overcrowding. (The PE management system is unable to prevent abuse of the car park - people parking across bays, leaving surf boards in bays etc). We were unable therefore, to read the terms and conditions, and, waiting for a space did not constitute "parking."

He finished by saying that even if we had parked up, he'd find it difficult to justify a loss of £100, which is what PE were claiming.

Hopefully the transcript should be available soon.