Britannia + BW Legal court papers

twhitehousescat

yup , but which grace period? , suggest you look at

Kelvin Reynolds, Head of Public Affairs and Policy at the British Parking Association (BPA) says there is a difference between ‘grace’ periods and ‘observation’ periods in parking and that good practice allows for this.

“An observation period is the time when an enforcement officer should be able to determine what the motorist intends to do once in the car park. The BPA’s guidance specifically says that there must be sufficient time for the motorist to park their car, observe the signs, decide whether they want to comply with the operator’s conditions and either drive away or pay for a ticket,” he explains.

“No time limit is specified. This is because it might take one person five minutes, but another person 10 minutes depending on various factors, not limited to disability.”

The BPA’s guidance defines the ‘grace period’ as the time allowed after permitted or paid-for parking has expired but before any kind of enforcement takes place.

I make that " x grace periods , an unspecified time one in which to park , and a extra fixed time at end to leaved site

twhitehousescat

IloveBritannia wrote: »

v6 as PCN was issued 22/11/2017

and now go back and re read it

IloveBritannia

ingenious!

now, how do I word it in my defence document...?

Redx

IloveBritannia wrote: »

v6 as PCN was issued 22/11/2017

as I repeated above in my edited post

so they cannot allow ZERO minutes to enter, park up , read the signs and comply with any parking rules , not when you consider what Kelvin said

so the real question is, what is a reasonable period to do this in ? 5 mins ? 10 mins ?

as for leaving, the MINIMUM was 10 minutes so what if the exit was blocked by departing vehicles ? etc , think about it

we have been banging on about this for years, just a shame you didnt use popla as this would have been one of the many appeal points raised

many appeals have been won on grace periods alone, never mind court cases


word it similar to the one about new signs and a BPA CoP breach , bearing in mind my comments above

twhitehousescat

in force at the time of your incident


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.

during its lifetime was updated by BPA to inc

Kelvin Reynolds, Head of Public Affairs and Policy at the British Parking Association (BPA) says there is a difference between ‘grace’ periods and ‘observation’ periods in parking and that good practice allows for this.

“An observation period is the time when an enforcement officer should be able to determine what the motorist intends to do once in the car park. The BPA’s guidance specifically says that there must be sufficient time for the motorist to park their car, observe the signs, decide whether they want to comply with the operator’s conditions and either drive away or pay for a ticket,” he explains.

“No time limit is specified. This is because it might take one person five minutes, but another person 10 minutes depending on various factors, not limited to disability.”

The BPA’s guidance defines the ‘grace period’ as the time allowed after permitted or paid-for parking has expired but before any kind of enforcement takes place.

IloveBritannia

twhitehousescat wrote: »

yup , but which grace period? , suggest you look at

Kelvin Reynolds, Head of Public Affairs and Policy at the British Parking Association (BPA) says there is a difference between ‘grace’ periods and ‘observation’ periods in parking and that good practice allows for this.

“An observation period is the time when an enforcement officer should be able to determine what the motorist intends to do once in the car park. The BPA’s guidance specifically says that there must be sufficient time for the motorist to park their car, observe the signs, decide whether they want to comply with the operator’s conditions and either drive away or pay for a ticket,” he explains.

“No time limit is specified. This is because it might take one person five minutes, but another person 10 minutes depending on various factors, not limited to disability.”

The BPA’s guidance defines the ‘grace period’ as the time allowed after permitted or paid-for parking has expired but before any kind of enforcement takes place.

I make that " x grace periods , an unspecified time one in which to park , and a extra fixed time at end to leaved site

This seems absolutely brilliant, do you think I can just copy this entire paragraph and sick it into my defence?

IloveBritannia

I meant stick it...

Redx

no , the grace period aspect should be paraphrased and referenced such that later down the track the details can be in your WS and evidence pack

this is a defence, not war and peace !! lol


see points 11 and 12, make it like those , short and sweet

twhitehousescat

use your voice and have printout for judge , I will link in a minute

IloveBritannia

Redx wrote: »

this is a defence, not war and peacee !! lol

Redx, point taken :rotfl: