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POLPA stage - Park Direct UK in Uxbridge
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Definitely send it in. You never know how they will handle the grace period point (although at the time of your parking event I think that the BPA hadn't introduced the grace period requirement).
We have seen fewer than half a dozen WHOPLA appeal results (there's about 3.5 thousand in the pipeline) so we are building up a picture with each appeal result we see. So far, it's not been encouraging.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
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.Private Parking Firms - Killing the High Street0 -
Got my appeal decision - I won!
I'll paste the full response below but just want to say thanks again to everyone who helped :TWe confirm that we have considered the appeal, taking into account all of the evidence at hand and applying the prevailing legislation and with reference to the BPA Code of Practice, and have decided to allow the appeal on this occasion. This means that the Appellant does not need to make payment to the Car Park Operator and the Parking Charge Notice (“PCN”) must be cancelled.
Reasons for allowing the Appeal
• The Paragraph 13 of the BPA Code of Practice requires that a reasonable grace period should be given to allow motorists to enter the car park and decide whether to stay or go, and also to leave the car park. Upon reviewing the evidence received from both parties, it appears that the Appellant has not been given a sufficient grace period in which to read the signage and depart from the car park. Accordingly the Appeal is allowed.
To the Appellant
As the Appeal has been allowed, you do not need to make payment of the PCN. The Car Park Operator must cancel the charge and cease all collection activity in relation to this PCN.
To the Car Park Operator
As the Appeal has been allowed, you must now cancel the PCN and cease all collection activity in relation to this PCN.
This is the final decision in this Appeal. We are not able to respond to any future correspondence from either party, nor are we able to provide any information to either party over the telephone.0 -
Congrats on your win; but it's ridiculous that it took POPLA/BPA/WH 11 months to rule on a 42/58 seconds stay.0
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