initial parking

Redx

A very quick Google search found this judgment , read the part about the green button

https://www.google.co.uk/url?sa=t&source=web&rct=j&url=https://assets.publishing.service.gov.uk/media/5943b2ae40f0b63e0800025b/National_Car_Parks_Ltd_v_HMRC_.pdf&ved=2ahUKEwjIpfjGn8zyAhWBZMAKHb1aBvUQFnoECCQQAQ&usg=AOvVaw0Jb_8NjRmQq6UXITgg9UN7

The regular members on here have read thousands of posts , so the information sticks 😁

Fruitcake

This is the "waiting for a space is not parking" case at Fistral Beach Redx was referring to.

Parking Prankster: Waiting for a space is not Parking. ParkingEye lose in court. Beware of snakes at Fistral Beach (parking-prankster.blogspot.com)

cambi0

Fantastic thank you all. I think I have found the landowner via the council business rates so will get that in motion as well. Using the above info and based on the fact that the vehicle left before the 10 minutes post parking in accordance with the BPA code of practice gives me renewed hope!.

Now I just need to compile it all into a sensible format I can refer to for appeal and then court case - I'm finding that is the hardest part, time-consuming as too much information!

cambi0

right, popla appeal drafted, another proof read and I'll upload as a pdf. any interest in posting it here, if anyone has time to critique would be v grateful.

I'm sceptical it will fly because of the BPA removing grace period before parking but one never knows - I think I have thrown the kitchen sink on that point, along with all the other great info in the newbies posts.

edit: have also sent letter to the landowner (no response so far) and complained to mp (and filled in consultation before it closed with my angry head on)

Have been reading the threads here, you regulars are legends! loved the C-M trip to southampton!

cambi0

So, much to my surprise (and to be honest slight disappointment as I'm still furious), the popla appeal was successful - I'll add to the relevant popla appeals post the details. In short, I threw the kitchen sink based on the templates, however, the assessor actually ignored the likely illegal practice of ANPR timing from vehicle entry and applied a bit of common sense to the grace periods.

Now I shall continue to waste IPs time by chasing up a SAR and anything else I can think of.

Bravo and thanks to the forum members!

Le_Kirk

Nice one!      

Coupon-mad

Very good.  You are still fuming so make a direct difference with your case:

How about asking your MP to use your case as an example and ask the newly named DLUHC if they are aware that the BPA CoP was changed in 2020 to make the consideration period fall away if the person stays?  This cannot continue and is ludicrously unfair, as a driver must as a matter of contract law be fairly allowed the initial 'grace' time before they pay their money and the parking contract starts (except in a 'ticket on arrival at barrier' situation, which is rare).

Ask your MP to show the DLUHC that even POPLA are unhappy with this, as your case shows, and had to apply a common sense approach that surely must continue to be reflected in the new statutory CoP in 2022, with the intended consideration period PLUS ten minutes grace at the end, both applying (except for ticket on entry barrier car parks, which never generate 'overstay' PCNs anyway).

cambi0

good idea - I shall do exactly that.

In case of use to others, I can pm the salient parts of the appeal (the whole thing is lengthy and uses the excellent templates).

edit: and c-m you must have read my mind as I pointed out the only way this BPA consideration time removal is vaguely legally fair is to either provide a time of entry to the consumer at the ticket machine/ app directly from the anpr or (but it would require investment on their part!) have an entry and exit barrier. An unfair contract is unlikely to win in court...