Azure Parking tickets for stopping a few mins in car park

Coupon-mad

Consideration and Grace periods are PROPERLY set out by the DLUHC (now MHCLG) in the temporarily withdrawn Statutory Code of Practice from 2022.

Consideration periods are disingenuously given lip service in the Trade Body codes. Sadly those are the Codes that the so-called appeals services look at.  Not the MHCLG one because the industry blocked it.

Please show a picture of the front & back of the Notice that we assume arrived by post.

Danny30

Coupon-mad said:

Consideration and Grace periods are PROPERLY set out by the DLUHC (now MHCLG) in the temporarily withdrawn Statutory Code of Practice from 2022.

Consideration periods are disingenuously given lip service in the Trade Body codes. Sadly those are the Codes that the so-called appeals services look at.  Not the MHCLG one because the industry blocked it.

Please show a picture of the front & back of the Notice that we assume arrived by post.

Hi @Coupon-mad, please find front and back attached.

Coupon-mad

Danny30 said:

please find front and back attached.

Thanks!

As was said on another Azure Parking thread:

The NTK fails PoFA because there is no invitation to the keeper to pay the charge as required by 9(2)(e)(i)

Also, there is no "period of parking" specified as required by 9(2)(a).

Danny30

Coupon-mad said:

Danny30 said:

please find front and back attached.

Thanks!

As was said on another Azure Parking thread:

The NTK fails PoFA because there is no invitation to the keeper to pay the charge as required by 9(2)(e)(i)

Also, there is no "period of parking" specified as required by 9(2)(a).

Great, thanks @Coupon-mad. Should I wait until the Popla appeal to mention those points?

Just so I know for the future, how is the invitation to the keeper usually worded?

Also is a Period for the parking required for any car park, even a non payment one?

LDast

Danny30 said:
Just so I know for the future, how is the invitation to the keeper usually worded?

Also is a Period for the parking required for any car park, even a non payment one?

If you really want to know the answer to your questions, please feel free to have a read PoFA, in particular the paragraphs mentioned above:

https://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

The answers to your questions are in there.

Zbubuman

Quite an old case but doesn't hurt to mention. 

The Legal defintion of parking comes from Lord Greene’s judgment Ashby v Tolhurst (1937). He held:

"You take a car park ticket in order to obtain permission to park your car at a particular place, and parking your car means, I should have thought, leaving your car in the place. If you park your car in the street you are liable to get into trouble with the police. On the other hand, you are entitled to park your car in places indicated by the police or the appropriate authorities for the purpose. Parking a car is leaving a car and, I should have thought, nothing else."

Subject to interpretation as the above case and statement relates to the location of the car and who was responsible for it whilst at that location, but you can also use it on the basis that you never left the vehicle, engine was still running , etc. 

Danny30

Hi, I am still awaiting a Popla code to be sent. In these circumstances where one has the golden ticket mentioned above, should I allude the point to them when requesting my Popla code as they may decide to cancel before needing to go to Popla, or should I just ask for the code and just send everything as usual to Popla?

Umkomaas

Just use the standard appeal, because no matter what you say to any PPC, the response is always a rejection. Don't tip them off about any failure, keep your powder dry for POPLA. 

6liuxa

LDast said:

Why do you keep referring to "fines" and "penalties"? For every occurrence of those words in all the paperwork you have received, I will give you £100.

The actual date you received the notices is irrelevant. It is the "deemed" date you were served which is two working days after they were sent (or issued). Count the number of days from the alleged contravention to the issue date of the notice and then add two working days to that. If the number is greater than 14, then they cannot transfer liability from the unknown driver to the known keeper as long as the known keeper hasn't already blabbed the unknown drivers identity earlier, inadvertently or otherwise.

Starting the Fight (Appeal) again, this time going "by the book"

is the day inclusive on the clock.

Example:

Contravention Date:                                18 Sep

Date on the "Parking Charge" letter        1 Oct

Date of serve (Calculates +2):                   3 Oct

Making it:                                                 14 / 15 / 16 days

Questions:    

1. How to calculate?
2. What is the practical use or workflow if it is over 14 days?

Coupon-mad

I don't understand the question.

When to appeal is shown in the NEWBIES FAQS thread, where I already tell everyone that the first 14 days is totally irrelevant.