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  • Umkomaas
    Umkomaas Posts: 43,424 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    1. Our Client's cause of action is that you breached the terms and conditions of the contract which you entered into by parking your vehicle in the car park for longer than the time paid for.

    2. Our Client is pursuing you as the registered keeper of the vehicle.
    Well, those two are contradictory arguments, especially when you add the following into the mix:
    3. Our Client does not intend to rely on Schedule 4 of Protection of Freedoms Act 2012.
    Utter drivel. They have no idea.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Umkomaas
    Umkomaas Posts: 43,424 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    clairey262 wrote: »
    I might be completly wrong on this but i've not found anywhere on the BPA where a grace period states 10 mins...
    Where have you been looking? A bit worrying if you missed this.
    Grace periods
    13.1 If a driver is parking without your permission, or at locations where parking is not normally permitted they must have the chance to read the terms and conditions before they enter into the ‘parking contract’ with you. If, having had that opportunity, they decide not to park but choose to leave the car park, you must provide them with a reasonable grace period to leave, as they will not be bound by your parking contract.
    13.2 If the parking location is one where parking is normally permitted, you must allow the driver a reasonable
    grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes.
    13.2.a Vehicles are not permitted to park under the grace period in spaces designated to specific users for example Blue Badge holders. At all times vehicles must have appropriate and valid permit e.g Blue Badge on display for enforcement officer to inspect.
    13.3 You must tell us the specific grace period at a site if our compliance team or our agents ask what it is.
    13.4 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.
    https://www.britishparking.co.uk/write/Documents/AOS/AOS_Code_of_Practice_January_2018.pdf
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    agreed, I said the BPA CoP, where CoP means Code Of Practice


    specifically, clause #13 of the CoP
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    read that by all means


    but you should have read the BPA CoP when this thread was started, especially after you found out the issue was GRACE PERIODS
  • Yes I agree, I should have. I didn’t, but I have now... the forum is very daunting when you first become a member.


    So I guess I will just have to wait until I get issued with court now?
  • Coupon-mad
    Coupon-mad Posts: 152,631 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yes - and meanwhile, read the 2nd post of the NEWBIES thread so you are ready! This can be beaten.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Received this afternoon from Sir Greg Knight.


    The Rt Hon Sir Greg Knight MP
    House of Commons
    Westminster
    London SW1A 0AA
    Telephone: 0207 219 4077 or 01377 812123
    Email: secretary@gregknight.com





    I thank you for your email and I am pleased to see that you support my Bill.

    I thought you would be interested to know that on the 23rd November this year, my Bill passed its final hurdle in the House of Commons and now goes to the House of Lords for their consideration.

    If approved by the Lords, the Bill will become law and should be in force some time next year.

    I trust you welcome this good news.

    If, however, you have any specific problem now or in the future with any parking company, you should, of course, contact your own Member of Parliament in this regard.

    Kind regards

    Greg Knight
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    clairey262 wrote: »
    Received this afternoon from Sir Greg Knight.

    If, however, you have any specific problem now or in the future with any parking company, you should, of course, contact your own Member of Parliament in this regard.

    Kind regards

    Greg Knight

    Clearly Greg is unaware just how ignorant some of the local
    Members of Parliament are
  • Court Claim update.
    Received Claim form today, I am aware I need to give acknowledgement of service asap, I will spend the next couple of days reading all the defence letters from 2nd post of the NEWBIES thread. I have read some already. I still have no idea what I need to type up but I will keep reading and finding things that are relevant for my case.
    Just a question: The court address on the letter is no where near my home address. Does this mean I would have to travel a good distance when a date is set?
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