PCN from NPE for 95 second stop- at IAS stage

Jenni_D

The usual purpose of the grace period is for the driver to review the available signage and determine whether they wish to be bound by the contractual terms (which would include the payment terms or terms of use); if they don't then they leave without having made any payment or otherwise validating their visit.

But as said above, check the CoP to see what the IPC actually say.

GeauxTigers

Jenni_D said:

The usual purpose of the grace period is for the driver to review the available signage and determine whether they wish to be bound by the contractual terms (which would include the payment terms or terms of use); if they don't then they leave without having made any payment or otherwise validating their visit.

But as said above, check the CoP to see what the IPC actually say.

13 Consideration and Grace Periods on Private Land
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. 

I am not sure what my site falls under. There is no need to pay for parking if you are a patron at the pub. If you are not a patron no parking is allowed. I think 13.1 but then unsure if 13.3 also applies... though i've read the signs and there is no mention of a grace period not applying

Fruitcake

Is this the place? Please note the prominent entrance signage



Anyone want to see some inadequate signs? These are just to the left of the right hand pillar in the image above.

GeauxTigers

Fruitcake said:

Is this the place? Please note the prominent entrance signage



Anyone want to see some inadequate signs? These are just to the left of the right hand pillar in the image above.

Yes. This is the place. In the appeal rejection letter from the parking company they write “This area is private land, as per the signage at the entrance of the roadway.” 
... There is no signage at the entrance of the roadway.... there are (the second attached image) two small signs stating that it's private once you are on the road. And in the images they gave me in my parking charge, there is a car parked on the footpath blocking this sign!

I'm not going crazy am I? 

GeauxTigers

Should also add that there is another parking sign with the terms and conditions just behind the first tree that you can see on the right hand side of the first image!

fisherjim

If this were to get to court I cannot see it lasting 5 minutes before it were thrown out, just pure chancers after cash.

Fruitcake

No you are not going crazy.

Unregulated parking companies deliberately use inadequate signage to make entrapment zones. Motorists don't see the signage because they are too wordy, small font, cluttered, and placed where they won't be seen.

The unregulated parking trade associations are funded entirely by the unregulated parking companies and will rarely find fault with the activities of their paymasters.

This sign you mentioned is a case in point.

Coupon-mad

There's your evidence to start your IAS appeal...which will be in your own words with LOTS of evidence to make them give up, as I explained here:

https://forums.moneysavingexpert.com/discussion/comment/78661698#Comment_78661698

You were asking on another thread for a template for an IAS appeal.  Guess why there aren't any?  Because that is NOT the way to win an IAS appeal or encourage the PPC to offer no contest.  Evidence is.

GeauxTigers

Just to let everyone know that the IAS accepted my appeal.

The parking operator tried to argue that 95 seconds was sufficient time to read the T&C and also that the courts had defined parking as stopping for any period of time, so basically they were saying you can't even stop here without getting a ticket, even if you're reading the t&c!! Got that in my second response to the operator and its worked!! 

Delighted as I thought the IPC appeals route never worked!

Redx

It hardly ever works , so well done , you have a rare win at the IAS !!  👍👍