Does an operator have to prove that they have applied consideration period and grace period?

Heighliner

For example when the operator is stating a 20 minute overstay.
But when the consideration period and grace period is factored in its actually 8 minutes.
Does POPLA give a monkeys?
Given the burden of proof is with the operator, if they are not applying those periods, wouldn't they be breaking their code of practice pledge?

Umkomaas

I refer you to answers on your other thread (of which I guess this is a spin-off?), you won't get anywhere looking for loopholes, this is an unregulated industry with a poor appeals infrastructure.

KeithP

Heighliner said:

For example when the operator is stating a 20 minute overstay.
But when the consideration period and grace period is factored in its actually 8 minutes.
Does POPLA give a monkeys?
Given the burden of proof is with the operator, if they are not applying those periods, wouldn't they be breaking their code of practice pledge?

Wouldn't you still expect a PCN for that eight minute overstay?

Heighliner

If the operator states that they provide 10 minutes for consideration and 10 minutes for grace period then that's 20 minutes.  So if they then say the overstay is 20 minutes.  There is the potential that the 20 minutes is within their grace periods and they haven't in my opinion proved that it isn't.

KeithP

But my question was...

KeithP said:
Wouldn't you still expect a PCN for that eight minute overstay?

I cannot see that you have answered that.

Heighliner

It is really bugging me that the PCN and subsequent emails state an 20 minute overstay - when technically it wasn't.

KeithP

Why won't you answer the question?

Heighliner

KeithP said:

Why won't you answer the question?

Yes you would receive a PCN for 8 minutes.

My point is that the ANPR machine shows entry and exit times in milliseconds. Yet the operator quotes an overstay of 20 minutes, which it wasn't, according to the BPA code or practice.


I am fully expecting to have to fork out £60 to £100.

Umkomaas

Heighliner said:

KeithP said:

Why won't you answer the question?

Yes you would receive a PCN for 8 minutes.

My point is that the ANPR machine shows entry and exit times in milliseconds. Yet the operator quotes an overstay of 20 minutes, which it wasn't, according to the BPA code or practice.


I am fully expecting to have to fork out £60 to £100.

Why?

Which parking firm is involved?

Car1980

An operator (which is just an ordinary limited company like any other) can breach the voluntary code as much as they like. It's voluntary.

Their trade body can hand them a sanction point if they wish. Or they may not.

Breaching the code may or may not lead to POPLA cancelling the invoice.

Breaching the code never leads to the IPC's appeals body cancelling the invoice.

If the invoice went to county court the judge should find in your favour if there was a code breach. But then again, they may not. Or decide minor breaches don't really matter.

This is the difference between trying to cancel a Penalty Charge Notice backed up by actual legislation, and a company invoice backed up by absolutely nothing except contract law and a small bit of legislation related to keeper liability.

Car1980

I am fully expecting to have to fork out £60 to £100.

Why would you do that? It's just an invoice pleading for free money.