Defence for 12 minute overstay UKPC

Cbay27

Hello all me again!

I have received a claim form for an overstay by 12 minutes in a 3 hour free car park. I have completed my AoS and have until 11 March to submit my defence. Here is what I have so far...

3. The PCN was originally issued due to an overstay of 12 minutes. According to the British Parking Association (BPA) Code of Practice (2020) this is well within the recommended consideration and grace periods.

’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 a 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.’

‘13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN.’

Kelvin Reynolds, Head of Public Affairs and Policy at the BPA  has also stated that ‘No time limit is specified. This is because it might take one person 5 minutes, but another person 10 minutes depending on various factors, not limited to disability.’

 

At the time in question, the driver had 3 young children; a 4 year old and 1 year old twins.

This involved negotiating a double buggy and securing 3 children safely into car seats so it

is acceptable for it to take longer than the recommended time in this instance. The Shopping

park in question is large and includes 9 retail outlets including Tesco which would also

suggest more than the minimum suggested grace periods.

 

 

Should I include signage as a separate point as I notice its not one of the paragraphs on the template? I have done all this already 4 years ago with Premier Park and would very much like to be successful this time!
Thanks in advance

Cbay27

In my POC it does state reason: parked for longer than the maximum period permitted though?

KeithP

What is the Issue Date on your Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Coupon-mad

Cbay27 said:

In my POC it does state reason: parked for longer than the maximum period permitted though?

Show us the POC minus the VRM.

Cbay27

 Issue date 7th Feb and I filed AoS on 13th Feb 

Coupon-mad

OK, so use the Template Defence.

Cbay27

So am I on the right track with what I have got so far? Include signage?

KeithP

Cbay27 said:

 Issue date 7th Feb and I filed AoS on 13th Feb 

You are right with your Defence filing deadline but there might be something useful here...

With a Claim Issue Date of 7th February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 11th March 2024 to file your Defence.

That's three weeks away. Plenty of time to produce a Defence and it is good to see that you are not leaving it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

Yes on the right track. 

I would state in an extra paragraph as well:

It is denied that the vehicle was in fact 'Parked for Longer Than the Maximum Period Permitted'. On the balance of probabilities the actual 'parking period' was less than that.  The Department for Levelling Up, Housing and Communities ('DLUHC') published in February 2022, a Private Parking Code of Practice (blocked only by the moneymen in the parking industry - and only due to objections about an unrelated clause -  but being reintroduced this year).  That statutory Code stated in the definitions in point 2.24: "parking period : - the length of time that a vehicle has been parked, i.e. left stationary otherwise than in the course of driving, after any relevant consideration period has expired. [...] This is not the period between a vehicle being recorded as entering and departing controlled land."

patient_dream

I think that what Coupon-mad has said above should be game set and match for you
This is clearly an ANPR fix up meaning when you entered the car par park and left. Either is not considered parking

The problem with ANPR is that it actually does not know when you parked, it only records entry and exit

Cbay27

Here is my defence after tweaking. Any more thoughts appreciated. Aiming to submit next Monday. TIA ( I know I need to format before sending.)

3.

a] The PCN was originally issued due to an overstay of 12 minutes. According to the British Parking Association (BPA) Code of Practice (2020) this is well within the recommended consideration and grace periods.

’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 a 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.’

‘13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN.’

Kelvin Reynolds, Head of Public Affairs and Policy at the BPA  has also stated that ‘No time limit is specified. This is because it might take one person 5 minutes, but another person 10 minutes depending on various factors, not limited to disability.’

 

At the time in question, the driver had 3 young children; a 4 year old and 1 year old twins.

This involved negotiating a double buggy and securing 3 children safely into car seats so it

is acceptable for it to take longer than the recommended time in this instance. The Shopping

park in question is large and includes 9 retail outlets including Tesco which would also

suggest more than the minimum suggested grace periods.

 

b] It is denied that the vehicle was in fact 'Parked for Longer Than the Maximum Period Permitted'. On the balance of probabilities the actual 'parking period' was less than that.  The Department for Levelling Up, Housing and Communities ('DLUHC') published in February 2022, a Private Parking Code of Practice (blocked only by the moneymen in the parking industry - and only due to objections about an unrelated clause -  but being reintroduced this year).  That statutory Code stated in the definitions in point 2.24: "parking period : - the length of time that a vehicle has been parked, i.e. left stationary otherwise than in the course of driving, after any relevant consideration period has expired. [...] This is not the period between a vehicle being recorded as entering and departing controlled land."

 

4. The ParkingEye Ltd v Beavis (2015) UKSC 67 case is distinguished

The justification of the decision in this case for their private PCN of £85 was based on prominent and clear signage with the parking charge itself in the largest/ boldest text. The claimaint’s signs have vague/ hidden terms and a mix of small font, such that they should be considered incapable of binding any person reading them under common contract law, and would also be considerered void pursuant to Schedule of the Civil Rights Act (CRA 2015).