HX car park - Grace period court claim

andyutd08

This should be helpful to you. I have been in court today defending my pcn which was given to me for being 82 seconds over the 10 minute grace period. The good news is I won the judge ruling was that the grace period start time should not be from when you drive in the car park (when there ANPR clocks you) but should start from when you are parked. So hopefully this means you will get the same result

Redx

Agreed , especially if its a pay and display car park, where the act of paying at the PDT machine is when the parking period starts

Umkomaas

andyutd08 wrote: »

This should be helpful to you. I have been in court today defending my pcn which was given to me for being 82 seconds over the 10 minute grace period. The good news is I won the judge ruling was that the grace period start time should not be from when you drive in the car park (when there ANPR clocks you) but should start from when you are parked. So hopefully this means you will get the same result

Well done, good result.

The OP should be aware that your case will have no bearing on the outcome of theirs. They will need to put over the argument, not anticipate a Judge doing it for them. In fact another Judge might find in the opposite direction. Such is the risk of litigation.

Pinksox17

Help needed! I went to the car park in question with the aim of recording my entry and exit, the PDT machine time, as well as signage, as suggested by a previous post. I've arrived to discover that the car park has changed hands to a new management company, and as such all the signage is completely different (and, far clearer, in my opinion). I had already tried to access online pictures of the signage prior to making this journey (as I live an 80 mile around trip from the car park in question) without success.
Obviously there will be a WS submitted, but I no longer have access to the other evidence I was planning to attach. It's literally just happened, so I'm at a loss as to what to do next.

All suggestions welcomed.

Umkomaas

Have you tried Google Street View, where there is 'time machine' to rewind back through preceding years?

Le_Kirk

Have you tried searching for other posters defending claims at the same car park? If you do find some, send a PM to the posters and see if they have pictures they would share with you.

Pinksox17

Thank you both for your suggestions. I tried both of these things before making the trip to the car park, as going myself was really a last resort, due to the distance. I feel reassured that I'm not missing anything obvious. I'll do the best that I can with the information that I have.

Pinksox17

Hi all, I just wanted to let you know that I won my case today. Unfortunately, I didn't realise that I had to serve the schedule of costs at least 24 hours in advance, so I didn't get to claim anything. However, I'm just relieved to have the brain space back, and one less thing to keep me awake at night.

The judge felt that the case was inappropriately brought to court "De minis", and that it was the kind of case that would have succeeded at appeal. She felt that when the Claimant had received my "lengthy" defence, they had an opportunity to cancel the penalty, which they failed to do. Along with that, and other factors, she dismissed the case.
I did use the abuse of process recommendations, but the judge did not mention this in her summing up.

Thank you for all your helpful comments and critiques. The wealth of information available on this forum is invaluable.
I will post the court report as soon as I have the information available to me.

Le_Kirk

Nice result - even if you didn't obtain your costs.