**win** Parking notice advice

KeithP

pmh78 said:

I have had a read of the ipc code of conduct...

You mean Code of Practice.

pmh78 said:

...it does not mention any amount of time only the work reasonable.

What does that mean?

pmh78 said:

What if the driver I rented to become a patron but realised the establishment was closed so drove off?

I don't understand. You rented a driver?

Sorry to be harsh, but you are not going to get good advice if you continue with this lack of attention to detail.

Coupon-mad

Just do what the NEWBIES thread says then ignore them and come back of they try a small claim.

pmh78

sorry, replied using my phone so it had autocorrected on my behalf, I should have checked it 

I meant to say that I had read the ipc code of practice and section 13.1 covers grace periods on private land. It does not mention a time but uses the phrase sufficient consideration period to make an informed decision to enter or remain on the private land. I could mention that the BPA defines this clearly as 5 minutes.

My second point was meant to read, what if the driver parked and intended to become a patron but noticed that the establishment was closed and left. How can they become a patron if the establishment was not open?

Sorry for not proof reading before posting earlier. I will contact the land owner first thing so they are aware of the situation and ask them to cancel the notice. Failing that I will follow the newbie guide and use the appeal template as the registered keeper.

Coupon-mad

And then ignore them and come back if you get a court claim.   In fact I would change the template appeal and state that the driver is disabled and attach a copy of their Blue Badge and state that 4 minutes is not reasonable to give a disabled driver the opportunity to read signs and leave - which the driver did as quickly as they could when they realised the establishment was closed.

Fruitcake

Don't forget to complain to the landowner, the IPC, and your MP.

D_P_Dance

Read this

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

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation. 

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up,

Just as the clampers were finally closed down, so hopefully will many DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

pmh78

I will raise it withe the ipc and my local mp, as pointed out by a friend the evidence provided does not show that the car was parked as the car is in different positions in the two photos. The second shows the car trying to leave and rejoin the main road. Not sure if that matters.

Umkomaas

pmh78 said:

I will raise it withe the ipc and my local mp, as pointed out by a friend the evidence provided does not show that the car was parked as the car is in different positions in the two photos. The second shows the car trying to leave and rejoin the main road. Not sure if that matters.

A very large majority of parking charges are issued on the basis of two snap shots - entry and exit - via ANPR camera technology. It's a very debatable issue as entry and exit photos do not prove any form of parking, but that case hasn't been won. Slowly PPC signage is being amended from 'Parking' to 'Stay' to get over the issue. 

But to answer your question, the using the photos won't harm the case, rather assisting it in my view as no one, even the fittest, could possibly park up, and do whatever they wanted to do, then leave. Get your complaints in .... and please update the forum on progress. I expect there will be a number of readers interested in how you get on. 

Fruitcake

Yes it matters. On the balance of probabilities the car was not parked, but the driver was indeed trying to leave after deciding not to park.
Do either of the photos show reversing lights on, or anything else that would help your case?

I suggest you get pics of the site and signage as soon as possible in case the scammers decide to take this further. Obviously park elsewhere and visit on foot, but take photos from the perspective of a driver entering and leaving in similar light conditions.

D_P_Dance

 It's a very debatable issue as entry and exit photos do not prove any form of parking, but that case hasn't been won

THERE HAS BEEN SOME PROGRESS

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