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County court - CPM/Gladstones - exhaustion as a defence?

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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As Grandad says, para 5.1 needs adjustment.

    Just changing the word Defendant to driver should do it.
  • kc0793
    kc0793 Posts: 11 Forumite
    Fifth Anniversary First Post
    My understanding is 'grace period' applies when you have permission to park for x number of hours, and you exceed that period by a certain time. Consideration period is right when you enter private land, look at the signs and decide whether to stay there or not. Here is the relevant section of IPC's CoP:
    13.1 Motorists must be allowed a sufficient Consideration Period so they may make
    an informed decision as to whether or not to enter or remain on the Private Land.
    If a Motorist chooses to reject the opportunity by entering or remaining on the
    Private Land without reading terms and conditions, they may be deemed to have
    accepted them immediately.
    13.2 Before a Parking Charge is issued Motorists must be allowed a Grace Period
    save and except when 13.3 is applicable. A Grace Period is a 10 minute period at
    the end of a Permitted Period of Parking.
    13.3 A Grace Period is not required when the Permitted Period of Parking does not
    exceed 1 hour providing that the signage on the site makes it clear to the Motorist,
    in a prominent font, that no Grace Period applies on that land.
  • 1505grandad
    1505grandad Posts: 4,467 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If any of the experts can confirm - I was going by the CoP in force at the time of the parking event i.e. 12/2018 v6.

    The OP is quoting from the latest v7 dated 11/2019
  • Coupon-mad
    Coupon-mad Posts: 162,726 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I agree, only the relevant CoP at the time of the parking event applies.
    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
  • Ralph-y
    Ralph-y Posts: 4,824 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    well don ....

    It would be nice if later this month or so you could pop back to the forum ...  the new draft CoP for private parking is put out for public comments.......  Members of the public will be asked to pass on their comments .... it will help the cause .. and you never know stop people like your good self from being ensnared ...

    Ralph B)

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    kc0793 said:
    Update on this case. My court date (online on Skype) was set for 31 July. A week before got a letter from Gladstones saying they want to discontinue this claim, and that's that. 
    Gladstones chicken out again ???   ... Just serial timewasters
  • Coupon-mad
    Coupon-mad Posts: 162,726 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hooray, well done!

    ANOTHER UKCPM/GLADSTONES ONE BITES THE DUST!
    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
  • Le_Kirk
    Le_Kirk Posts: 26,549 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Whoopee - a WIN.
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They have wasted your time, now waste some of theirs. Read this,  

    https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim
    You never know how far you can go until you go too far.
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