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Britannia + BW Legal court papers

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Comments

  • I've just noticed that BWL in their PoC got the issue date of PCN wrong by 6 days, they have actually put down the date of the alleged contravention instead. Does it make their claim any less valid?
  • reading back to first post , pics in / out 15 mins difference is that correct OR NOT
  • It is THAT Britannia which is suing me, based in Poole Rd, Poole
  • to be exact, the difference was 3 hours 17 minutes but they only allowed 3h free parking with 10 minutes grace period on top.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 20 November 2018 at 8:39PM
    BRIT are BPA members so they dont "allow a 10 minutes overstay on top"

    they are signed up to the BPA CoP, which means they are bound by clause #13 , which allows TWO grace periods , one before , one after, which could be 7 minutes to park up and 10 minutes to leave


    so that is an EXTRA BREACH of the BPA CoP (clause #13)
  • thank you Redex , a point missed by the OP at appeal time , but worth mentioning on the day
  • this could be in the current CoP since early this year, the CoP at the time states that grace period should be a minimum of 10 minutes :(
  • Castle
    Castle Posts: 4,859 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    multiple britania parkings in the uk , can i give you https://beta.companieshouse.gov.uk/company/08182990/filing-history
    Britannia Parking Group Ltd-a different company, (and a different legal entity).
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 20 November 2018 at 8:47PM
    which CoP are you using for clause #13 ?

    the OCT 2015 CoP applies here
    13 Grace periods

    13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without having their vehicle issued with a parking charge notice.

    13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.

    13.3 You should be prepared to 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.
    so 13.2 + 13.3 are the unstated minutes for the initial grace period, PLUS 13.4 details the leaving time is a MINIMUM of 10 minutes (but could be longer)

    so let us assume 7 minutes for 13.2 + 13.3 and over 10 minutes to leave = 17 minutes


    voila !!!
  • v6 as PCN was issued 22/11/2017
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