PCN issued in pub car park

M03

comeandgo said:

Why do you think an occupied car is different from an unoccupied one?

I would class a car with someone it it as 'waiting' or 'loading', rather than being parked. Eg double yellow lines allow loading/unloading, but prohibit parking (length of time is subjective). I really only added that info in case it made any difference to the situation

Redx

M03 said:

Redx said:

My point here is , what legal grounds do you have for contesting the NTK PCN to Parking Eye , to Popla , plus in court  ?  , because I do not see one that will fly in anything that you have written so far

Hi, I must admit, I am not following. Are you suggesting that I should not appeal and pay? I was under the impressions that all private PCNs should be challenged?

Also, I very rarely drive to a pub, I walk, get public transport, or a taxi, so that I can drink

That choice is yours to make , but Parking Eye are hard to beat if they have complied with POFA and all the other legal points I mentioned

It's a harsh lesson in modern private parking , stay off private property unless you have permission to be there , even council's only allow ten minutes , unless you have a blue badge ( disability )

I am giving you the facts after 8 years of experience on this forum regarding private parking companies and having advised thousands of members here , you can take my advice and observations , or not , but I would never tell you what to do , just offer an honest opinion , especially after Parking Eye beat Beavis 3 times , in 3 different courts , Google his name

Give us something to work with , a valid legal argument

M03

Redx said:

The BPA CoP version 8 Clause 13 allows a minimum of 5 minutes !  Look it up !

Thanks, I read this in the newbie post, but 35 minutes sounds like it is pushing the boundary of this. Advice on this is welcome of course

Redx

M03 said:

Redx said:

The BPA CoP version 8 Clause 13 allows a minimum of 5 minutes !  Look it up !

Thanks, I read this in the newbie post, but 35 minutes sounds like it is pushing the boundary of this. Advice on this is welcome of course

With the previous versions of the BPA CoP , we used to advise arguing 2 grace periods of ten minutes grace each , making up to 20 in total , difficult to argue 35 minutes apart from a mechanical breakdown

patient_dream

M03 said:

Redx said:

The BPA CoP version 8 Clause 13 allows a minimum of 5 minutes !  Look it up !

Thanks, I read this in the newbie post, but 35 minutes sounds like it is pushing the boundary of this. Advice on this is welcome of course

There are many pubs who employ parking companies and that depends on their location.

Here is just one of them who nearly went bust.
https://www.dailypost.co.uk/news/north-wales-news/loggerheads-mold-car-park-fines-13774891

First step is to talk to the landlord in a nice fashion and ask him to cancel. 

The problem with pubs is that they simply don't understand that parking companies will ruin their business and one day they will wake up and wonder where the customers went.

With a new covid lockdown threatened, many pubs will be killed off anyway.

Redx

M03 said:

comeandgo said:

Why do you think an occupied car is different from an unoccupied one?

I would class a car with someone it it as 'waiting' or 'loading', rather than being parked. Eg double yellow lines allow loading/unloading, but prohibit parking (length of time is subjective). I really only added that info in case it made any difference to the situation

If it were true , the Jopson case would cover it , but I believe that a judge would disagree with your interpretation , would say that the driver should actively seek out the signs considering the time factor involved ! Maybe ten minutes grace at most , but the loading and unloading is more about goods than people

patient_dream

Redx is right and whilst this forum is totally against paying, there are times that it would be best as PE represent themselves well in court 

I still say a chat to the landlord as a customer or a future customer.

You will not know unless you ask and he may cancel it.   Lanlord first

Coupon-mad

Yep you have to at least try to see if the pub will cancel it, especially if you go in as a patron with a copy if the PCN and chat politely, as a customer, and say how shocked you were and is there anything they can do, blah...blah.

When doing a quick errand or waiting for someone or loading /unloading, absolutely NEVER do that in a private car park.  Any non-Council land is private. No special meaning to it.  Just avoid car parks.

Always wait on street.  A side road, even on a single or double yellow line (honestly, it's not illegal to stop and you would never get a PCN because Councils can't use cameras for parking enforcement).

Next time avoid car parks, as we do, unless using the shop/pub/facility. Anywhere on street is fine and safe except red routes and no loading lines, zigzags and taxi/bus stands/stops, of course.

Thrugelmir

patient_dream said:

M03 said:

Redx said:

The BPA CoP version 8 Clause 13 allows a minimum of 5 minutes !  Look it up !

Thanks, I read this in the newbie post, but 35 minutes sounds like it is pushing the boundary of this. Advice on this is welcome of course

The problem with pubs is that they simply don't understand that parking companies will ruin their business and one day they will wake up and wonder where the customers went.

To a pub where parking was possible perhaps. Wouldn't be any need to restrict parking in many places if the privilege wasn't abused. Not that people seem to care where they park these days. Often in highly dangerous locations close to road junctions. 

patient_dream

Thrugelmir said:

patient_dream said:

M03 said:

Redx said:

The BPA CoP version 8 Clause 13 allows a minimum of 5 minutes !  Look it up !

Thanks, I read this in the newbie post, but 35 minutes sounds like it is pushing the boundary of this. Advice on this is welcome of course

The problem with pubs is that they simply don't understand that parking companies will ruin their business and one day they will wake up and wonder where the customers went.

To a pub where parking was possible perhaps. Wouldn't be any need to restrict parking in many places if the privilege wasn't abused. Not that people seem to care where they park these days. Often in highly dangerous locations close to road junctions. 

I agree, trouble in the UK is too many cars and lack of parking spaces.

But be in no doubt that these parking companies go hunting for places like pubs as they also have run out of spaces to operate in.
ANPR in a pub is plain stupidity and the landlord should pull out the plug

Trouble now is the landlord has signed up to a very expensive "get out" contract and each day he will lose customers and wonder why,

That's the thing about us Brits, we just walk away