ECP ANPR overstay by 11 minutes - BPA OS CoP v9 - Appeal as Driver or Keeper?

motor_saver

Fully agree that a pcn after 11 minutes is petty.. 

Nevertheless my point is that with the previous rules, with previous rules it was easy to demonstrate that 11minutes beyond maximum allowed stay was well within the grace period. 

Maybe as you say I might be overthinking it.. 
 

kryten3000

11 minutes is "de minimis", and issuing a charge for an 11 minute overstay is greed pure and simple.  

The vehicle was certainly not parked for longer than the maximum stay + 10 minutes and the operator can't prove otherwise.

Cars don't magically teleport from the entrance into a space.

motor_saver

Of course cars don't fly just yet.. that's why I was surprised of the definition of parking period in the new CoP. Anyhow, let's see what POPLA says.. 

Coupon-mad

motor_saver said:

Of course cars don't fly just yet.. that's why I was surprised of the definition of parking period in the new CoP. Anyhow, let's see what POPLA says.. 

i was 'surprised' by it too, but in a bad way.  That clause is appalling. Compare it to the REAL intentions of the DLUHC Code (2022).

Same clause...completely twisted to suit the scammers.

There's lots more like that. The new Government are aware.

motor_saver

Thanks @Coupon-mad

A quick update from me. 

ECP has withdrawn the appeal. Last night I submitted my appeal to POPLA and this morning I received confirmation that the appeal has been withdrawn. I am 'surprised' again to see such a quick turnaround! 

Good that we are now aware of the difference in the definition of the parking period in the new CoP. 

 

Gr1pr

They know that it probably wouldn't go well for them so they withdrew early doors to save themselves the popla fee 

Just a case of trying it on and if you will blink first 

Personally i don't see that it matters plus when the mandatory MHCLG CoP is implemented the old ones will be binned