Fistral Beach

2Tickets1Hour

[FONT=Arial, sans-serif]Re: Parking Charge Reference number XX[/FONT]

[FONT=Arial, sans-serif]Vehicle registration: XX[/FONT]
[FONT=Arial, sans-serif]POPLA code XX[/FONT]

[FONT=Arial, sans-serif]A Parking Charge Notice (PCN) was issued on XX and arrived at the address of the registered keeper on XX. The invoice is not clear what the contravention actually is, but appears to relate to an alleged overstay of X minutes at Tower Road Car Park, Newquay on XX[/FONT]


[FONT=Arial, sans-serif]An appeal was made to the operator pointing out the following:[/FONT]

[FONT=Arial, sans-serif]X hours parking was paid for, in cash, on the XX. X Hours XX minutes has been calculated based simply on the time stamp of their photographs which are taken at the point of entry to and exit from the car park therefore, reasonable and fair grace periods were not been applied here.[/FONT]

[FONT=Arial, sans-serif]In addition to this, the PCN was not issued in the correct time frame. The BPA Code of Practice clearly states that the PCN must be delivered to the keeper within 14 days. The PCN is dated XX which is 15 days since the parking incident took place. The PCN then had to be posted and delivered so they have failed to meet this requirement. [/FONT]


[FONT=Arial, sans-serif]There was no admission as to who was driving the vehicle on this occasion and no assumptions can be drawn.[/FONT]



[FONT=Arial, sans-serif]The[/FONT] [FONT=Arial, sans-serif]appeal to ParkingEye was rejected and they provided [/FONT][FONT=Arial, sans-serif]PO[/FONT][FONT=Arial, sans-serif]PLA code XX[/FONT] [FONT=Arial, sans-serif]Therefore [/FONT][FONT=Arial, sans-serif]I am now writing to you and would be grateful if you would please consider the following:[/FONT]

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2Tickets1Hour

Unable to copy and post the 2nd draft, just keep getting this message:

The following errors occurred with your submission

1. Unable to post your message. Please try again.

Have no idea why, links removed and have tried to do it in really small sections. It just blocks the IP address after a certain number of attempts. 3rd time this has happened so frustrating to have to get it sorted again.

So looks like will have to go alone and just submit what we have to POPLA. To summarise the letter covers:

* Grace Period not being properly applied
* The NTK is not compliant with the Protection of Freedoms Act 2012 (POFA) due to the dates and wording used
*The Operator has not shown that the individual who it is pursuing is in fact liable for the charge
* Insufficient Signage

Just wanted to thank you all for the advice and information on here.

2Tickets1Hour

One more question though please, the vehicle has actually been sold this week - does this need to be mentioned?

Redx

2Tickets1Hour wrote: »

One more question though please, the vehicle has actually been sold this week - does this need to be mentioned?

its irrelevant , as the keeper was the keeper on the day

Umkomaas

2Tickets1Hour wrote: »

One more question though please, the vehicle has actually been sold this week - does this need to be mentioned?

Irrelevant. This is nothing to do with the vehicle, all to do with the driver or keeper.

2Tickets1Hour

That makes sense, thank you.

2Tickets1Hour

Appeal to POPLA was successful!

2Tickets1Hour

While the appellant has raised a number of grounds for appeal, my report will focus solely on grace periods, as this supersedes the other aspects of the appeal. I can see from the Automatic Number Plate Recognition (ANPR) system images provided by the operator, that the appellant’s vehicle entered the site at 10:29. The operator has provided a system print out which shows the appellant purchased three hours parking time at 10:36. Section 13.2 of the British Parking Association (BPA), Code of Practice states, “You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go”. Therefore, from the evidence provided I am satisfied it had taken the appellant seven minutes to purchase a ticket, which I deem to be a reasonable grace period. As the appellant purchased three hours parking time at 10:36, it would allow the appellant to remain on site until 13:36. From the ANPR images provided I can see that the appellant exited the car park at 13:41. From this, I can see that the appellant exited the car park five minutes after the parking time expired. Section 13.4 of the BPA, Code of Practice states, “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”. I acknowledge that the operator issued the Parking Charge Notice for an 12 minute overstay overall however, based upon the evidence provided I am satisfied that the appellant purchased a parking ticket within a ‘reasonable’ period in line with Section 13.2. As such, I consider the appellants overstay to fall within a ‘reasonable’ period in line with Section 13.4. Therefore, I conclude the PCN was issued incorrectly. As such, I allow this appeal.

2Tickets1Hour

Very grateful for the advice and information on here - such a relief - Will stay well away from Fistral beach in future!

Redx

well done

as I said , GRACE PERIODS of clause #13 of the BPC CoP applied

good to see that an assessor saw that and mentioned it