13 minute overstay PE

Sciteach

Driver overstayed by 13 minutes and they want £60 if paid in 2 weeks 100 if not.

Can I copy and paste the appeal in the newbies thread?

Is it likely to be rejected by popla?
Thanks in advance

Redx

yes use the blue text, but add an extra paragraph about grace periods that will also feature in any future popla appeal and any future court case

you will find examples of this by examining my posts on this matter over the last few months , then copy and paste , or use any other members adapted blue text appeal that includes it

https://forums.moneysavingexpert.com/discussion/5693951

nothing is guaranteed at popla, but GRACE PERIODS is certainly the main starting point and should (in theory) win

bear in mind the appeal is from the keeper, so doesnt really matter what the "driver" may or may not have done , because the PPC has sent the NTK to the keeper, so must follow POFA2012 as well as the BPA CoP for it to stick

Sciteach

Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either rely on the POFA 2012 and offer me a POPLA code, or cancel the charge.

Should you have obtained the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

Clause #13 of the BPA CoP applies here and this appeal, any subsequent appeal and also any court case will have this as a prominent argument as to why this invoice should be cancelled

I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.



Yours faithfully,


I've copied and pasted from the thread you suggested. I don't know what clause 13 is. Is it about grace periods?

nosferatu1001

Have you oooked it up? Google is your friend...

Sciteach

Ok so it doesn't stipulate a specific amount of time for a grace period but uses the word reasonable. Is 13 minutes a 'reasonable' amount of time to wrestle 2 kids into their car seats and load up the shopping for which i have no receipts?

Redx

no its not , but you have not done the research to the facts behind what I said

ie:- clause #13 of the BPA CoP applies, with 2 grace periods,(NOT ONE) so do the work and tell us what you think THEY mean, AFTER submitting the template I linked you to (also reading that thread and other "overstay" threads so you know WHY we are telling you this)

how many grace periods apply ?

how many clauses in clause #13 apply ?

so their total overstay is one figure, so in your example above , how much applies to that which is deemed "reasonable" AND IN HOW MANY PERIODS ? (in my first reply I used the words GRACE PERIODS - notice the S on the end (plural) ?

no idea why people get it wrong so often and always assume there is just one

in contrast , WHAT would a council have to deem as "reasonable"

please look for the facts behind WHY I wrote what I wrote , ask yourself these questions so you know WHY you are appealing on those grounds

and as the appeal is from the KEEPER, why does it matter what the driver did ? (the driver is not appealing)

Coupon-mad

Sciteach wrote: »

Ok so it doesn't stipulate a specific amount of time for a grace period but uses the word reasonable. Is 13 minutes a 'reasonable' amount of time to wrestle 2 kids into their car seats and load up the shopping for which i have no receipts?

The BPA Code of Practice, para 13, tells you, so get reading in readiness. No link, Google it.

Any other ParkingEye Grace Periods POPLA appeal, will show you what we mean.

Search this forum - not Google this time - for those words in bold above, and change the search to 'show POSTS' (never 'threads' it's too much to read!). You will soon learn from other similar ones; we do this all the time and the wording is standard for POPLA, pretty much.