WY parking enforcement / Gladstones court papers - advice on line of attack!

Ben_Richards

Good evening all! Hope everyone had a good weekend!

I previously posted on pepipoo re the LBC (wont let me post link as im a new user) and now the court papers have arrived! I would very much appreciate your opinions on the best line of fire.
Overview - we received a £90 windscreen type NTD for an "overstay" (of 4 minutes 52 secs) in a pay and display car park. My wife was actually in the car park within time, but was 9 months pregnant and struggling. The "warden" could see her approaching / waving and entered into dialogue. My wife pointed out (although it was blindingly obvious!) That she was heavily pregnant, yet he responded by printing out the ticket and saying something along the lines of "well ive printed it now so your gonna have to pay".
The ticket and all subsequent threats etc were ignored (i have done this successfully many times in the noughties and didnt realise general consensus had changed) and we then received the LBC to which i replied (in my pepipoo thread mentioned above, i could cut and paste from there?).
We then received another demand which seemed to backtrack from the LBC. I replied to this with pictures of the laughable signage and an explanation that no contract could be formed as a result. We then recieved the court papers on Friday (i have already acknowledged on MCOL).
So, on to the points of attack. I would be very greatful of any advice here, as im not sure which pointer is the strongest line and which are the best arguments from a legal standpoint -
1.My wife was pregnant, which is a protected charectaristic.
2.The warden made no effort to mitigate, he didnt adhere to the grace period for leaving.
3.They have no idea who the driver was.
4. The signs - these are absolutely dreadful, even by ppc standards. There are approx 10 signs in the car park, but only the 2 smallest mention WY Parking Enforcement. The bigger signs are either marked "Local Car Parks" or carry no ppc name or logo at all. Some state that the parking charge is £60 yet some £90. The obligatory small print about "the contract" isnt even there! There is no real indication that WY parking has anything to do with the site at all. I will do my best to upload pics of the signs asap.

I have copies of every letter sent, pictures of all signs at the time, plus the original pay and display ticket and NTD.

Thanks in advance everyone. Keep fighting the good fight :cool:

pappa_golf

4 minutes 52 secs is well within the recomended guidelines set by there ATA , which is the BPA , to quote : "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. "

Coupon-mad

Wow, LCP are a completely different company!

WY Car Parks should be easy enough to beat, especially given the [STRIKE]IPC[/STRIKE] (edit - correction = BPA) CoP about grace periods after paid-for time.

pappa_golf

wy = bpa (I think ?)


yup bpa , quiet as hell for many yrs but dipping toe this year (11)

Ben_Richards

Yes, the paragraph (point 13.4 of current BPA code of practice) concludes "the grace period at the end of the parking period should be a minimum of 10 minutes". Given the circumstances, this should have also been extended surely?

Ben_Richards

Yes WY parking is BPA

Ben_Richards

Thanks for speedy responses guys. In my initial defense (which i will begin to compile tomorrow) do i include pictures etc? Or do i save that for the witness statement?

Redx

save all evidence , pictures and witness statements for later on

read the BARGEPOLE posts linked in post #2 of the NEWBIES sticky thread

and no matter which CoP they follow , your grace period is allowed under their rules , its well within time REGARDLESS of the lady`s "condition"

but your defence will and should be based on more than grace periods

pappa_golf

Ben_Richards wrote: »

Yes, the paragraph (point 13.4 of current BPA code of practice) concludes "the grace period at the end of the parking period should be a minimum of 10 minutes". Given the circumstances, this should have also been extended surely?

extended?? hell they did not even meet it "4 minutes 52 secs"


a complaint to the BPA me thinks ,

Ben_Richards

Ho guys,
Question - according to POFA sections 7 and 8 the NTD / NTK both have to specify "the period of parking to which the notice relates". Does this mean it has to explicitly say the time period of the offence / in which the "offence" took place?
Cheers y'all

Ben_Richards

For example - between x and y times?