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  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    edited 21 June 2016 at 2:45PM
    13 Grace periods
    13.1 Your approach to parking management must allow a
    driver who enters your car park but decides not to park,
    to leave the car park within a reasonable period without
    having their vehicle issued with a parking charge notice.
    13.2 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.
    13.3 You should be prepared to tell us the specific grace period
    at a site




    they will or course reply "10 mins"






    https://www.theaa.com/newsroom/news-2015/private-parking-grace-period.html
    Save a Rachael

    buy a share in crapita
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 21 June 2016 at 3:54PM
    you need to wake up and smell the coffee too

    this topic isnt about "parking" , its about a money-making sc@m using honeytraps to lure in the "victims" and make things so difficult for them that they break a rule and can be sent an excessive charge via an invoice a few weeks later , making their exit from said honeytrap as difficult as possible and preferably as costly as possible , especially for a newbie who hasnt learnt the topic and knows the pitfallsl

    ie:- its about making money (profit) - not about parking and certainly not about common sense

    by "ringing the friend lawfully" they were trespassing on private land without the owners permission and failed to meet the terms and conditions of being allowed to remain on the site , hence this invoice in the post and subsequent refusal and popla appeal

    a mobile phone call does not indicate where the car was, only the phone, if they triangulated it to a cell, so not even the actual place the call was made from, hence the term "mobile phone"

    the public roads issue and yellow lines issues are not relevant , neither is the phone call , its all a pre-cursor to trepassing on private land without payment, hence this invoice

    the popla appeal will centre on the following

    no landowner authority
    poor signage that fails the BPA CoP
    grace periods on either side of the time the vehicle was "parked"
    "time on site" is not "parking time" (plus failure to mention this on the signage)
    not related to the Beavis case
    NTK flaws and issues (if this applies)
    non-compliance with POFA2012 (if this applies)
  • bod1467
    bod1467 Posts: 15,214 Forumite
    In other words ... the alleged period of parking was 12 minutes (except this wasn't parking, it was time on site). The BPA CoP as mentioned earlier mandates a grace period, and this applies equally to both:

    - entry (to find a parking space, park up, and read the signs to decide if the driver wishes to agree to the terms)

    - exit (to return to the car, leave the parking space, drive to the exit and leave the car park)

    A reasonable person (which includes judges, and should also include POPLA) would expect 10 minutes grace period for each stage, so 20 minutes total.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    NO , the second grace period , is only AFTER the end of the parking


    in this case , 10 mins to read signs , decline offer and leave SITE
    Save a Rachael

    buy a share in crapita
  • Coupon-mad
    Coupon-mad Posts: 151,776 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Unless the contract with the landowner sets a different, longer grace period of course! e.g. 15 minutes is fairly common and could be alleged in any POPLA appeal and put them to strict proof to the contrary.

    I like doing that - alleging a grace period off the top of my head - because then a mere witness statement doesn't cut it! You don't have to KNOW the grace period, just say you reasonably believe it is 15 minutes due to the driver's local knowledge and put the PPC to strict proof within the landowner contract itself (a witness statement not being enough for this purpose) to prove it is not.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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