Spring parking PCN

rms22

As per the British Parking Association Code of Practice, a compulsory Consideration and Grace period is stipulated in which a motorist can consider the terms and conditions and change their mind about parking.

 13.1 The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.

Your evidence must include the duration of the alleged contravention.

Is this ok to add to the template and send over via email ? Context is the PCN does not state the duration the vehicle was there for and there are no ANPR Cameras.

rms22

or would it be better to exclude that??

Coupon-mad

It's fine, you won't get a detailed reply anyway, just a template rejection.

Le_Kirk

you must provide them with a reasonable consideration period to leave

It's a grace period before leaving and, assuming you are using the most up-to-date version of the COP, that is what 13.1 states, however, academic as @Coupon-mad writes, it will be rejected.  Never hurts to be accurate though.

rms22

Ok so I've had the rejection email. I've been reading the newbies thread again, so just appeal at popla stage.

What amunition can I use for appealing?

The site is Bradgate Park car park. Unlit car park with small signs, no anpr. Isn't there a cooling off period where you are allowed to decide upon the t&cs?

Umkomaas

What amunition can I use for appealing?

As often posted by forum stalwart @Fruitcake, these are the key points to include in any POPLA appeal:

1) Non-PoFA compliant NTK/NTH
2) Not the driver/not the person who may be liable for the charge
3) Not the landowner
4) No standing to issue charges in their own name
5) Inadequate signage
6) BPA CoP failures

All covered in the NEWBIES FAQ Announcement, third post.

rms22

I'm going with the following points of appeal:

1)      Grace Period: BPA Code of Practice–non-compliance

2)      Signs in this car park are not prominent, clear or legible from all parking spaces

3)      No Evidence of Landowner Authority - the operator is put to strict proof of full compliance with the BPA Code of Practice

4)      No Evidence of Period Parked – NtK does not meet PoFA 2012 requirements

5)      The operator has not shown that the individual who it is pursuing is in fact the driver who may have been potentially liable for the charge

I've got everything ready to submit but there are a couple of things I wanted to run by you good folk.

Is the following wording ok as part of point 1:

It is therefore argued that Spring Parking have merely put forward a singular incident date and time which neither provides, infers or puts forth with any evidence of duration and as such serves as a wholly unreasonable grace period.

(relating to the point that on the NTK they've merely put forward a date/time of incident and there is no mention of duration)

and on point 4

Spring Parking Ltd does not provide any direct evidence of its alleged violation. It is not in the gift of Spring Parking Ltd to substitute “entry/exit” or “length of stay” in place of the POFA requirement - “period of parking” - and hold the keeper liable as a result.

I require Spring Parking Ltd to provide evidence to show the duration that the vehicle in question was parked on the date/time and at the location stated in the NtK.

If this looks ok I think I am ready to send it.

Coupon-mad

I wouldn't bother with 4.

And on what basis are you using para 5 - are you saying the NTK is non-POFA?

rms22

Coupon-mad said:

I wouldn't bother with 4.

And on what basis are you using para 5 - are you saying the NTK is non-POFA?

I'm a bit confused, are you saying not to use point 4 at all ? ( No Evidence of Period Parked – NtK does not meet PoFA 2012 requirements )

I was under the assumption that the way it is written means the NtK isn't POFA compliant if it doesn't mention period parked.

KeithP

But the point is that PoPLA have never shown any interest in challenging a PCN where there is 'No Evidence of Period Parked'.

Experience has therefore led to the opinion - it's not worth mentioning.