Napier Parking - Claim Form

youngie24

Not_A_Hope said:

Any contract they allege you entered into is in the small print on the Private Land sign. Unfortunately I cannot read it.

Most car parks and their trade associations suggest there should be a grace period. Usually 10 minutes. I don't know if you have referred to this is your witness statement especially if you were only there for 3 minutes.

Put them to strict proof the period you were there and ask what grace periods were in place. 

I have reposted using the claimants exaggerated photos and how they zoomed in .. I was not sure if the 10 minute ruling ? 

youngie24

tboo said:

So you parked here

https://www.google.com/maps/@53.5665698,-0.0814333,3a,75y,300.53h,92.36t/data=!3m6!1e1!3m4!1s14voYwzZh5UF178YNBnL8Q!2e0!7i16384!8i8192

or was it here

https://www.google.com/maps/@53.566449,-0.0823965,3a,75y,355.75h,82.11t/data=!3m6!1e1!3m4!1sh6RWAfJ-JdT2XRPEYzKBuA!2e0!7i16384!8i8192

rather than here

https://www.google.com/maps/@53.5666461,-0.0813492,3a,75y,333.78h,91.55t/data=!3m6!1e1!3m4!1sqH33cJ9mkgLrWJN0sT2olQ!2e0!7i16384!8i8192

As it was private land. can you post the signage.

tboo said:

So you parked here

https://www.google.com/maps/@53.5665698,-0.0814333,3a,75y,300.53h,92.36t/data=!3m6!1e1!3m4!1s14voYwzZh5UF178YNBnL8Q!2e0!7i16384!8i8192

or was it here

https://www.google.com/maps/@53.566449,-0.0823965,3a,75y,355.75h,82.11t/data=!3m6!1e1!3m4!1sh6RWAfJ-JdT2XRPEYzKBuA!2e0!7i16384!8i8192

rather than here

https://www.google.com/maps/@53.5666461,-0.0813492,3a,75y,333.78h,91.55t/data=!3m6!1e1!3m4!1sqH33cJ9mkgLrWJN0sT2olQ!2e0!7i16384!8i8192

As it was private land. can you post the signage.

It’s the 2nd link photo but It was before the barrier .. they have used the wrong car park in their witness statement as they have two car parks either side of their building 

youngie24

Claimants witness background and evidence of helps 

youngie24

Claimants resins I am liable 

youngie24

Claimants conclusion of me 

Redx

youngie24 said:

Not_A_Hope said:

Any contract they allege you entered into is in the small print on the Private Land sign. Unfortunately I cannot read it.

Most car parks and their trade associations suggest there should be a grace period. Usually 10 minutes. I don't know if you have referred to this is your witness statement especially if you were only there for 3 minutes.

Put them to strict proof the period you were there and ask what grace periods were in place. 

I have not mentioned it in my witness statement as I was not aware of a 10 minute ruling 

The grace periods are defined in the IPC CoP , of the version in force on the day of the incident , so not necessarily a 10 minute rule , not for private parking or private land

The new CoP due next year by the dhulg should finalise grace periods for all

Jenni_D

Contract started 23/5/18 for a duration of not less than 12 months.

PCN was 04/10/19, so >16 months after contract start; >4 months after the minimum contract term.

Is there any mileage in requiring them to prove that the contract was still in effect?

Not_A_Hope

The IPC code of practice v6 (01.06.17 to 01.11.19)which therefore covers the date of the alleged offence states:-

15. Grace Periods

1. 15.1  Drivers should be allowed a sufficient amount of me to park and read any signs so they may make an informed decision as to whether or not to remain on the site.

2. 15.2  Drivers must be allowed a minimum period of 10 minutes to leave a site after a pre-paid or permitted period of parking has expired. 

I cannot easily follow what you have included in your defence or witness statement but please take any opportunity to bring this to the judges attention. Put them to strict proof of the duration you were on site and ask why they haven't complied with there trade associations code of practice in force at the time.

Redx

As above , if 1) is in play , it's an unauthorised and unpaid time on site , no 10 minutes rule , no defined time at all , it's subjective , what is reasonable under the circumstances

If 2) is in play , it's an authorised time on site by permit or payment , followed by a minimum of 10 minutes to leave after the authorisation finishes , a grace period

youngie24

Not_A_Hope said:

The IPC code of practice v6 (01.06.17 to 01.11.19)which therefore covers the date of the alleged offence states:-

15. Grace Periods

1. 15.1  Drivers should be allowed a sufficient amount of me to park and read any signs so they may make an informed decision as to whether or not to remain on the site.

2. 15.2  Drivers must be allowed a minimum period of 10 minutes to leave a site after a pre-paid or permitted period of parking has expired. 

I cannot easily follow what you have included in your defence or witness statement but please take any opportunity to bring this to the judges attention.

 Thank you and that is most helpful I haven’t mentioned that as that is the 1st I have seen but I will certainly use it