ParkingEye Response to Defence Stage

Umkomaas

Apologies, but I failed to mention that the original letters were sent to an old address (which has not been updated on the DVLA), the dates I gave were based on those original letters, however they found my new address (using a credit reference agency) and started the chain of letters again on 05/07/17. So I think they will have escaped the 14 day requirement.

Have you got the original NtK sent to the former address? I don’t think that the period of 14 days changes just because of bad service. The Protection of Freedoms Act 2012 is clear that it’s 14 days from the day following the parking event.

If you haven’t updated your V5C (log book) and driving licence - 2 separate notifications, then you should do so urgently. The driving licence update carries a £1,000 fine if not carried out quickly.

I've read the BPA CoP and would just like to clarify for any other readers in a similar predicament regarding "grace period":

Appendix B, Section B2.1(e) states:
vehicles that have paid for parking and visibly display a payment ticket but have overstayed the ‘paid-for’ time displayed on the ticket by less than 5 minutes −unless they are committing some other breach of the regulations. You may only issue parking tickets after the 5-minute ‘grace’ period has run out.

Appendix B, Section B6.2 (Regarding ANPR - Automatic Number Plate Recognition) states:
If you provide parking facilities to the general public for a fee, your system must allow drivers who have not paid the fee to leave a site within 10 minutes of entering, without having their vehicle registration mark processed for a parking charge.


Therefore, it appears as though if a ticket is purchased, 5 minutes grace period is permitted. However, if no ticket is purchased, 10 minutes is permitted.

Which version of the Code of Practice are you reading? Appendix B is all about signage.

It’s Clause 13 of Section A which covers Grace Periods.

nosferatu1001

OK, can we rewind a bit here?

POst 1 does not contain a defence. It contains an APPEAL, in blue.

OP, please post here, the exact "defence" you submitted. Word for word. Because if you sent the appeal on post 1, you have a lot of work to do now

In terms of valid arguments, unless you have already raised them you cannot add them to your defence now. PE will object and say you need to pay £255 to amend your defence