Lack of fair consideration "grace period" defence, successful case query.

lycosfreak

Good Afternoon,

I have followed the amazing Newbies thread (thank you) and have reached the stage of the court summons.  I have Acknowledged Service after 5 days and am now constructing my defence.

I wont be posting details of my case for now, but my case is pretty simple, 

The driver of my registered vehicle received a lack of fair consideration "grace period" for the short (within their own ATA guidelines) period the vehicle was recorded at the alleged parking contravention. 

I am currently writing my defence and am struggling to find any successful cases that have used this defence.

Can someone please direct me to any cases they know of, that i can use.

Many thanks

Gr1pr

Definitely NOT a "summons "  ,  you mean a civil court claim 

A grace period of at least 10 minutes to leave after parking is defined in the appropriate Code of Practice that was in effect on the incident date,  especially with BPA AOS  members  , assuming that is what you are asking about 

For successful court claims on here,  put the title of a very well known Queen song into the search box, top of the forum

Its initials are , A O B T D  !

Le_Kirk

A few more details would certainly help; where did this occur (we might have come across it before),  what sort of parking establishment (shop, hospital, pub/restaurant, garage, airport)? Who is the PPC and which solicitor? Different strategies apply!
Did you mean "grace period" to be applied after leaving the parking spot (or time expired) and before passing the ANPR camera. This is to be considered a minimum not a target OR did you mean "consideration period" the time allowed to read the ts&cs before deciding whether to stay or leave - but again it is a minimum.

KeithP

lycosfreak said:

I have followed the amazing Newbies thread (thank you) and have reached the stage of the court summons.  I have Acknowledged Service after 5 days and am now constructing my defence.

Hello and welcome.

What is the Issue Date on your Claim Form?

Can you please show us a picture of the Particulars of Claim - with all your personal detail hidden of course.

Who is the Claimant?

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

lycosfreak

Gr1pr said:

Definitely NOT a "summons "  ,  you mean a civil court claim 

A grace period of at least 10 minutes to leave after parking is defined in the appropriate Code of Practice that was in effect on the incident date,  especially with BPA AOS  members  , assuming that is what you are asking about 

For successful court claims on here,  put the title of a very well known Queen song into the search box, top of the forum

Its initials are , A O B T D  !

Yes the time recorded in the NTK is substantially less than 10 minutes, It was in a residential area, requiring a permit, not car park in London.  Its National Parking Control and they are BPA members.  DCBLegal are the legal team.

There is a valid reason the driver was there and not by their own BPA definition "parking" well within the recommended grace period.

Thorndorise

Just to check....National Parking Control? Is this National Parking Control Group? I can't find a National Parking Control - if NPC group limited they are IPC members (sorry if they are not, just checking)!

lycosfreak

Le_Kirk said:

A few more details would certainly help; where did this occur (we might have come across it before),  what sort of parking establishment (shop, hospital, pub/restaurant, garage, airport)? Who is the PPC and which solicitor? Different strategies apply!
Did you mean "grace period" to be applied after leaving the parking spot (or time expired) and before passing the ANPR camera. This is to be considered a minimum not a target OR did you mean "consideration period" the time allowed to read the ts&cs before deciding whether to stay or leave - but again it is a minimum.

 It was in a residential area, requiring a permit, not car park in London, so no barriers.   Its National Parking Control and they are BPA members.  DCBLegal are the legal team. 

Yes the grace period/consideration period before it is considered parking. The driver was there for a valid reason for a brief period, well under 5 minutes and was not parking.  The driver came, did something important and promptly left. 

lycosfreak

Thorndorise said:

Just to check....National Parking Control? Is this National Parking Control Group? I can't find a National Parking Control - if NPC group limited they are IPC members (sorry if they are not, just checking)!

National Parking Control Group Ltd

Thorndorise

Le_Kirk said:

A few more details would certainly help; where did this occur (we might have come across it before),  what sort of parking establishment (shop, hospital, pub/restaurant, garage, airport)? Who is the PPC and which solicitor? Different strategies apply!
Did you mean "grace period" to be applied after leaving the parking spot (or time expired) and before passing the ANPR camera. This is to be considered a minimum not a target OR did you mean "consideration period" the time allowed to read the ts&cs before deciding whether to stay or leave - but again it is a minimum.

Just to be clear then they are IPC members, not BPA (sorry, they are members of both but they are Approved Operator Scheme AOS of IPC).

What Le_Kirk said above about consideration vs grace....sounds like you were 'parked' for a very short period (well under 5 mins) - DCB Legal won't have the appetite for this!

At this stage it is moot, however do read this post https://forums.moneysavingexpert.com/discussion/6579192/dcb-legal-and-possibly-other-dras-a-potential-way-to-get-them-to-drop-hands/p1 on data privacy, as NPC don't have justification based on their poor privacy notice to share your personal details with any Debt collectors or solicitors as they have not named them in their PP.

regardless of which ATA they are under it sounds as though you have been given a ticket under 5 mins, this is the standard consideration period...however I believe there is a caveat in their Code of Practice that means that if you 'park' the vehicle - i.e. leave it, then you are deemed parked and the consideration period ends. BUT, that is absolute unregulated nonsense and a route to moneymaking, I think it's fair to say if you were less than 5 mins they're trying it on!!!

Coupon-mad

Not BPA AOS then. 

Gr1pr

Not "parked " either, just stopped on official business,  possibly like the Jopson case 

Not a grace period at the end of a legitimate parking period,  but a consideration period at the start 

NPC Group are IPC AOS members  , as are another 2 with similar names