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PCN from NPE for 95 second stop- at IAS stage

On 14th September the driver of a car made a stop on a road.
The driver did not exit the vehicle and images provided on the PCN show the passenger door open and passenger exiting the vehicle.
The time of parking given is from 11:58:59 - 12:00:34 (a grand total of 95 seconds) and the reason for issue was non-patron. I have appealed the charge to NPE and been rejected so now onto the IAS stage, but really not sure what my defense should be as I maintain that the Parking Charge should not have been issued as the car was not parked. 

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Comments

  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you read the newbies?  A defence has already been written therein.  Have you complained to your MP?
    You never know how far you can go until you go too far.
  • @D_P_Dance yes i've read the Newbies, but there's so much on there I'm not sure what avenue to take- especially as most of what I could see was people who had actually, legitimately parked. No I haven't complained to MP, will look for that template
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Where exactly did this alleged parking event take place?
  • Lonsdale Gardens, Tunbridge Wells. It is a private road and parking is prohibited (drivers notified by signage along the road) unless you are a patron of the pub on the corner of the road. In the PCN reply to my appeal they state that the road is marked private at the entrance (Driver did not see this sign and I cannot see it on Google Street view) I will be returning to check this. 

    They did not provide me with any proof that the driver was not a patron, and if they weren't I believe that 95 seconds is too short a time to allow someone to read the signage and then drive away after deciding not to enter into the contract.


  • Should say in the NPE reply to my appeal (not PCN)
  • Le_Kirk
    Le_Kirk Posts: 25,096 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The passenger alighted the vehicle to check the parking terms and conditions and thereafter the vehicle drove off, the driver having realised (by virtue of the signs) that it was private.
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If this goes to court consider a counter claim for misuse of data and harassment.

    https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/
    You never know how far you can go until you go too far.
  • Jenni_D
    Jenni_D Posts: 5,469 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    Grace periods ... check the IPC code of practice relevant for the date of the "offence" and use that as one of the IAS appeal points.
    Jenni x
  • Jenni_D said:
    Grace periods ... check the IPC code of practice relevant for the date of the "offence" and use that as one of the IAS appeal points.
    Do grace periods apply when there is no way to pay for parking? So this was a place where parking is only permitted when you use the pub, no way to pay otherwise
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Jenni_D said:
    Grace periods ... check the IPC code of practice relevant for the date of the "offence" and use that as one of the IAS appeal points.
    Do grace periods apply when there is no way to pay for parking? So this was a place where parking is only permitted when you use the pub, no way to pay otherwise
    They make up their own rules, so read the IPC Code of Practice to determine what those rules are.
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