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NCP PCN - Market Parade, Gloucester
glosandy
Posts: 71 Forumite
OK, this is now getting beyond a joke - the 5th PCN I've been asked to help on.
This time it is for overstaying at the above location.
Incident 11/07, Date of Sending 24/07, Receipt 26/07, Assumed Date of Service 26/07 - just in?
ANPR shows vehicle entering and exiting after 1hr17 mins.
The Driver paid for 1 hours parking.
So, as per Newbie thread an immediate appeal will be lodged by the Keeper based on the cut & paste template. I would however like to add reference to BPA COP2012v7 Jan 2018, around Section 13 Grace Periods. 13.2 and 13.4 would seem to me to indicate the allowance of two 10 minute minimum grace periods, one on entering the car park and one on leaving. Therefore the 17 minute overstay is under this minimum allowance.
I have been to the Car Park, and believe me the signage is beyond a joke. It took me a good 10-12 minutes just to read the T&C's let alone all the other signage blurb, all in an annoyingly small font.
How would the insertion of the following go down?
Clause 13 of the BPA Code of Practice 2012 - Version 7, January 2018 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.
So, here we go again...
Regards
Glosandy
This time it is for overstaying at the above location.
Incident 11/07, Date of Sending 24/07, Receipt 26/07, Assumed Date of Service 26/07 - just in?
ANPR shows vehicle entering and exiting after 1hr17 mins.
The Driver paid for 1 hours parking.
So, as per Newbie thread an immediate appeal will be lodged by the Keeper based on the cut & paste template. I would however like to add reference to BPA COP2012v7 Jan 2018, around Section 13 Grace Periods. 13.2 and 13.4 would seem to me to indicate the allowance of two 10 minute minimum grace periods, one on entering the car park and one on leaving. Therefore the 17 minute overstay is under this minimum allowance.
I have been to the Car Park, and believe me the signage is beyond a joke. It took me a good 10-12 minutes just to read the T&C's let alone all the other signage blurb, all in an annoyingly small font.
How would the insertion of the following go down?
Clause 13 of the BPA Code of Practice 2012 - Version 7, January 2018 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.
So, here we go again...
Regards
Glosandy
0
Comments
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Nope...one day late; because 12th July is day one and therefore 25th July is day 14.OK, this is now getting beyond a joke - the 5th PCN I've been asked to help on.
This time it is for overstaying at the above location.
Incident 11/07, Date of Sending 24/07, Receipt 26/07, Assumed Date of Service 26/07 - just in?0 -
Cheers Castle. Now, as my brain's turned to fudge, would you indulge me - the failure to notify with 14 days means they have failed POFA2012, and should it got to a POPLA appeal it should be successful?
Thanks.0 -
Only if they do not know who the driver is.0
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... and can count. We have seen unsuccessful PoPLA appeals where the assessor has failed the 11 plus.
You need to spell it out.
11/07 = day 0
12/07 = day 1
13/07 = day 2
14/07 = day 3
...
...
24/07 = day 13 = date of sending, deemed received two working days later.
25/07 = day 14
26/07 = day 15, date of receipt, out of time.
Seriously, you need to do it as above but type ALL the dates and days in. I mean it, type them ALL in.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
NCP appeal lodged.0
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RESULT - NCP appeal successful, parking charge has been cancelled!!!
Basically they didn't have a leg to stand on - overstay a total of 17 minutes, quoted Clause 13 of the BPA COP and hey presto!
One down, five still to go...0 -
Nice one - well done!0
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