National parking enforcement Ltd N17 6QN

muslimahi

Hi all,

The registered keeper received this PCN for “not parked in a marked parking bay” for 3 minutes 52 seconds.

Just a bit of background: a day after the Turkey/Syria earthquake, the driver received an appeal of donations for the victims that would be cargoed from ICMG- building adjacent to where car is parked. The driver was confused and looking for an entrance to the building and needed to stop there to figure out where that was. Soon enough driver figured out that the car park was the one next to this road and left. The driver saw one of the parking signs but it wasn’t visible enough to be read from the car and it looked like it was for the parking spots rather than the road. 

The IPS code of conduct states 10 minute grace period.

I just want to check that I should appeal (for purposes of court proceeding in future) stating the grace period was not followed? I will include the background story not stating who the driver is. Any other advice on what to Else to include to make the court stage easier would be appreciated. I will the await the rejection and wait the 6 years 😅. Thank you all in advance.

PCN pics:
https://ibb.co/n1n61Tb
https://ibb.co/Ny6px2p

Map view:
https://maps.app.goo.gl/m8dLpJH5Z3ar6mNGA?g_st=ic

Google view pics of signage
https://ibb.co/r3BXFdp
https://ibb.co/m4HhnWt

IPC code of conduct:
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.

Coupon-mad

The IPC CoP says 5 mins consideration (a 'grace' period AFTER a parking session ends is irrelevant).

But even that 5 minutes is ignored by IPC firms who would say parking out of a bay is an immediate ticket.  The IAS will side with thrm but yes, appeal including the background story (not stating who the driver is).  Add that to the template appeal and remove the bit about PDT machines,

Personally I'd try to get this picked up for an article in your local paper.  Best way to see unfair PCNs cancelled!

Second best way is landowner complaint.

muslimahi

Thank you. 

muslimahi

I've receieved the LBA from this finally. I posted about it on FTLA here

I've managed to revisit to take pics here 

Any advice appreciated - I will be drafting a response to LBA and will post in both forums for advice as soon as I've read up a bit more on it

Thanking in advance. 

muslimahi

Reading up it seems like LBA is not the scary one. Its the LBC I should be looking out for. Sending an SAR request is sufficient for this?

KeithP

LBA, Letter Before Action, and LBC, Letter Before Claim, are two alternative names for the same thing.

Do you realise that by posting on two forums you are likely to find yourself with conflicting guidance? Not quite sure how you will resolve that when it happens. Maybe post on a third forum - PePiPoo - two out of three matching solutions may help.

The current guidance on this forum is not to send a SAR at this stage.

Coupon-mad

LBC/LBA same thing and already covered in the NEWBIES thread. Loads of examples to be found with one search of the forum.

muslimahi

Really sorry but I'm a little confused. I have read the newbies thread and it doesn't list what steps to take once we receive a LBA.

Search brings up this post which has the identical LBA from NPE in January. Is this the most recent advice? The OP on there sent a SAR and then ignored subsequent LBAs. 

muslimahi

KeithP said:

LBA, Letter Before Action, and LBC, Letter Before Claim, are two alternative names for the same thing.

Do you realise that by posting on two forums you are likely to find yourself with conflicting guidance? Not quite sure how you will resolve that when it happens. Maybe post on a third forum - PePiPoo - two out of three matching solutions may help.

The current guidance on this forum is not to send a SAR at this stage.

The forum I posted on is the spin off from Pepipoo as its about to go down. They usually advice to post on MSE for private parking PCNs hence my intial post here. For some reason I was unable to post or sign in to MSE so had to create a post on FTLA instead but thankfully that has resolved itself. 

KeithP

muslimahi said:

Really sorry but I'm a little confused. I have read the newbies thread and it doesn't list what steps to take once we receive a LBA.

Doesn't it?

When I look at the first few words of the second post of the NEWBIES thread I see...

Read on from there.

yellowstickers

Big NPE fan here! They are engaged by the Co-op, who have already encountered me ..what case do they think they have that is not destroyed in the first analysis by the five minute consideration period enshrined in English contract law?