DCB legal - Letter of claim

Coupon-mad

Is this just the WS or should there be anything else I should be sending also?

Yes, the whole evidence bundle, exhibits and costs assessment that you see in the first thread by @aphex007

That's what you copy and edit to suit.  You don't send a WS without exhibits!

helpadviseneeded

Hi all. 

A quick question please. Should there be a time difference on the PCN of issue time & first seen. 

I’m just collating the exhibits & noticed on the pcn the time is the same? I thought there was a grace time period or does this not apply if private car parks? 

Coupon-mad

A minimum 5 minute Consideration period is required under the Code of Practice.  Read it and quote from it.

helpadviseneeded

I have checked online, is this what you are referring to?

Code of Practice - Independent Appeals Service

The most updated one is Version 7 1st November 2019 which I have screenshot and tried to attach unsucesfully.
OR do I need to refer to an earlier version which covers Dec 2016?

The 2019 version states:

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.

Trainerman

OR do I need to refer to an earlier version which covers Dec 2016?

You need the one that was current at the time of your incident

Coupon-mad

And obviously it is not the IPC Code that I meant, because UK Parking Control Limited are not and never were in the IPC.

Umkomaas

helpadviseneeded said:

I have checked online, is this what you are referring to?

Code of Practice - Independent Appeals Service

The most updated one is Version 7 1st November 2019 which I have screenshot and tried to attach unsucesfully.
OR do I need to refer to an earlier version which covers Dec 2016?

The 2019 version states:

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.

But you're quoting from the IPC Code of Practice. UKPC are  not IPC AOS members, they are BPA members. So you need to check out the BPA version, relating to the time of the parking event.  You cannot use IPC documents.  

helpadviseneeded

sorry i was unaware and searched for the code of practice online and it bought that one up. 

helpadviseneeded

Coupon-mad said:

And obviously .....

clearly not 'obvious' to me - apologies 

helpadviseneeded

i've found it
Do i screenshot and add to my exhibits and refer to it as the time of issue and time seen are both the same on the PCN?

Just adding it here in case it helps anyone else in the future. This is the most relevant as it was Dec 2016.

https://www.britishparking.co.uk/write/Documents/AOS_Code_of_Practice_October_2015_update_V6..pdf


13 Grace periods
13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without having their vehicle issued with a parking charge notice.
13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.
13.3 You should be prepared to tell us the specific grace period at a site if our compliance team or our agents ask what it is. 13.4 You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.