Limited time and Grace Period defence

Coupon-mad

There is no date on that article but we know it and have used it since maybe 2014, to my memory.  However, you can't use it effectively because UKCPM are not bound by the BPA.  They are only corporate members, not BPA AOS.

They are in the rival AOS, the IPC and are - in my opinion and experience, and I've faced them in court - one of the greediest, most unreasonable (rarely cancel a PCN) ex-clamper firms you could hope to come across.

NorfolkNewboy

Yes, I appreciate that chances are low of getting it cancelled BUT IPC does have this in their CoC:

17. Grace Periods

17.1 Drivers should be allowed a sufficient amount of time in order to park and read any signs in order that they may make an informed decision as to whether or not to remain on the site before any enforcement action is taken by you or your agents.

17.2 Drivers should be allowed a sufficient amount of time to leave a site after a pre-paid or permitted period of parking has expired.

Obviously 17.2 doesn't apply.
I quoted both BPA & IPC in my request for cancellation.

Apologies for any perceived annoyance in my previous response: I thought you were saying that we'd "left the site" to go to the beach (which was the reason for entering the carpark). Later I realised you meant that we had driven away.

fisherjim

NorfolkNewboy said:

Yes, I appreciate that chances are low of getting it cancelled BUT IPC does have this in their CoC:

17. Grace Periods

17.1 Drivers should be allowed a sufficient amount of time in order to park and read any signs in order that they may make an informed decision as to whether or not to remain on the site before any enforcement action is taken by you or your agents.

17.2 Drivers should be allowed a sufficient amount of time to leave a site after a pre-paid or permitted period of parking has expired.

Obviously 17.2 doesn't apply.
I quoted both BPA & IPC in my request for cancellation.

Apologies for any perceived annoyance in my previous response: I thought you were saying that we'd "left the site" to go to the beach (which was the reason for entering the carpark). Later I realised you meant that we had driven away.

Of course you should try that with the PPC but they are unlikely to run with it due to the time you stayed and the fact they are nasty greedy muppets,

I doubt very much the IAS will go with it they are in bed with the scam and your charge will then go up to the maximum.

Your two choices then will be ignore and get a court claim or pay the higher charge.

It's all down to you, unfair, yes of course it is and we all want to see you win but from experience the chances are very slim.

Though maybe you could persuade a judge that the "consideration period" was acceptable as it isn't actually limited on any signage, it's a gambol. 

Coupon-mad

Up to you but you won't win at IAS (no chance at all, despite the IPC CoP because you don't get unlimited time) so you are choosing to fight this in court.

As you didn't pay the £3 daily rate I think it will be a hard one to win in court and the cost if you lose is a total of £200ish.

Jenni_D

This might be one of those rare occasions where the pragmatic choice is to take the early payment bribe.

NorfolkNewboy

Jenni_D said:

This might be one of those rare occasions where the pragmatic choice is to take the early payment bribe.

Sadly I agree.
It does seem stiff for 21 minutes of "trying to understand their T&Cs" but I don't want the hassle of debt collectors letters and court business. Prior to Covid we used to get away to Europe in our motorhome for a month at a time and I wouldn't want to be tethering a laptop to a mobile phone to research and submit information when I could be enjoying my twilight years  :'(

Good luck to anyone else who needs to take these folk on in the future.

I have yet to write to my MP: what happened to that bill which was being debated a couple of years ago?

Coupon-mad

Imminent, as I said here:

https://forums.moneysavingexpert.com/discussion/comment/78935866#Comment_78935866

I can't add more detail.

Jenni_D

NorfolkNewboy said:

Jenni_D said:

This might be one of those rare occasions where the pragmatic choice is to take the early payment bribe.

I have yet to write to my MP: what happened to that bill which was being debated a couple of years ago?

The Parking Code of Practice Bill 2019 is now law, but it requires the setup of an appeals service and the publishing of the Code of Practice - so the law is not yet enacted. We expect that this should all be resolved this year.

1505grandad

Also wandering why the following is applicable:-

"9. No Planning Permission from Redcar & Cleveland Borough Council for Pole-Mounted ANPR Cameras

and no Advertising Consent for signage"

yet the car park is:-

"Euro Car Parks’ NtK simply claims “the vehicle was parked at West Street Car Park – Newbury.”

EDIT  -  APOLOGIES  -  POSTED ON WRONG THREAD!!

NorfolkNewboy

Email sent to MP who used to be Minister for Transport so should be aware of this in its entirety.

Fingers crossed .