Grace Period

Quentin

Everyone is asked to read up on this in the newbies faq thread near the top of the forum before starting a new thread

Go there now to get an understanding of the game you are now caught up in

All advice on how to deal with this is there, together with a template appeal to use.

The_Deep

Hav to read the cases in the link I posted earlier? Also read this

https://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html

If you cannot park you have not contracted to park. It really is that simple.

read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

and, if you have not already done so, complain to your MP, they know all about these scammers.

Umkomaas

Allowed Duration
0 hours 0 minutes

That’s normally PE ‘shorthand’ to suggest there was some kind of terminal/keypad either in the store or as part of the Pay & Display machine which requires a VRM input. Either it was inputted incorrectly or not at all.

Obviously being unable to find a parking spot gave the driver no capacity to even see a keypad, or the requirement to use it.

You need photos of their signage - if no mention on them about the need to input VRM, then they have no grounds to pursue. If the signs include the requirement, then lack of space to park to allow the driver to make any input = frustration of contract.

MistyZ

Agent_Gibbs wrote: »

So I'm going to appeal this PCN but do I have to state my reasons to PE or just say I wish to appeal?

You simply appeal. Use the template in the Newbies' thread, the one that is in blue text. It's a carefully worded means to an end i.e. a way of getting the POPLA code. Don't add anything or make any changes.

Agent_Gibbs

MistyZ wrote: »

You simply appeal. Use the template in the Newbies' thread, the one that is in blue text. It's a carefully worded means to an end i.e. a way of getting the POPLA code. Don't add anything or make any changes.

I've used the template from the Newbies thread and have had the acknowledgement email back from PE.
Sit back and wait now

Coupon-mad

No sitting back. Find this evidence, it will kill it off:

Agent_Gibbs wrote: »

I do have a dash cam and also GPS tracker as well, so will look further into this.

rachity

Redx wrote: »

see the BPA CoP , january 2018 edition, clause #13 (download and read it)

looking for a space is not parking so frustration of contract comes into it

BUT , for now , the KEEPER appeals it as KEEPER (no blabbing about who was driving) , on the PE website , using the blue text template from the NEWBIES sticky thread

then take it to popla

Agent_Gibbs wrote: »

Yes I see what mean about "frustration of contract" and also clause 13 states a "reasonable grace period to leave" so 12mins acceptable.

Also is it correct that POPLA will not accept an appeal unless there has been an appeal to PE first?

Redx wrote: »

it could be argued that 10 minutes is the "grace period", according to the BPA CoP, but there is also the ten minutes to leave, especially if no parking was possible , hence the argument of frustration of contract bolted onto grace periods


I am sure that whilst waiting for a space the driver was blocked in and so had trouble exiting the car park as well !!!


PE lost this argument in court 5 years ago

http://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html

Stricly speaking, frustration of contract is when an (unanticipated) supervening event occurs after a contract is formed.
Like Taylor -v- Caldwell (1863)

Coupon-mad

rachity, your posts are curiouser and curiouser. As is your signature.

Are you legally qualified?

rachity

Coupon-mad wrote: »

rachity, your posts are curiouser and curiouser. As is your signature.

Are you legally qualified?

Lol, no.
Sort of self-taught, though I did do Cilex for a time. (Had to postpone due to illness, but I intend to recommence soon.)

Coupon-mad

Sort of self-taught...read some books when you had time on your hands?