PCN 1 Minute over grace or consideration period? Help please

IhateFines

Hi all a family member managed to get themselves a PCN for the reasoning of No Permit whilst going to meet an old friend for the first time. The car park is part of an apartment building for residents who pay a monthly fee to park there and said family member was stopped there for a total of 11 minutes and 17 seconds according to the pictures taken by Ocean Parking. The family member (driver of the vehicle) is disabled and was driving a Motability registered vehicle and took time time to find a disabled space due to needing to get their mobility equipment out but due to ongoing works within the car park, 2 of the 5 disabled spots were cornered off, with the remaining 3 spots occupied. By the time the driver had found a suitable spot to park / get out and read the terms of parking and understand them, they decided against parking as payment was required by downloading an app or through a telephone number and they did not have their bank card and so got back into the car and parked on the street outside. 

The notice looks PoFA compliant.

This is what I have drafted up for them so far. 

Dear Sir/Madam,

I am writing to formally appeal the Parking Charge Notice *** issued to my vehicle, ***, on 21/01/2025. I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

The driver (who shall not be named) is a Blue Badge holder and, due to the ongoing construction work, was unable to access a designated accessible parking space. As per the Equality Act 2010, individuals with limited physical mobility are entitled to reasonable adjustments, including access to suitable parking spaces. In this instance, the lack of accessible spaces meant the driver needed extra time to locate an alternative space where mobility equipment could be safely unloaded, allowing for the safe and independent access to the car park signage. 

Furthermore, the driver required a reasonable period to fully comprehend and act upon the signage available in the car park. Given the nature of the work being undertaken and the lack of immediate accessible spaces, the time taken to find a suitable spot, unload the necessary mobility equipment, and ensure proper understanding of the signage should be considered as reasonable and within expectations for a Blue Badge holder.

I respectfully ask that you cancel the parking charge in light of these circumstances. The driver was acting in compliance with the intentions of accessibility laws, and it would be unreasonable to penalise them for needing extra time due to a situation beyond their control.

IhateFines

This is the signage from the car park.

Gr1pr

Looks OK to me , especially as its about the consideration period and the EA2010

Clearly the signage hasn't been updated since Ocean moved from the BPA to the IPC last year 

IhateFines

Gr1pr said:

Looks OK to me , especially as its about the consideration period and the EA2010

Clearly the signage hasn't been updated since Ocean moved from the BPA to the IPC last year 

Thank you the only thing I'm confused about is whether they'd class it as consideration or grace period? Since per the new CoP set out by BPA the consideration time based on Annex B would only be 5 minutes but grace period would be 10 minutes

Gr1pr

Grace period is at the end of an authorised period of parking  ( which never happened here  )

Consideration period is at the beginning after entering private property 

They are different words for different points on a timeline, in this case only a consideration period occurred 

Enter and stop , Consideration,  rejection,  exit the property 

Coupon-mad

IhateFines said:

Gr1pr said:

Looks OK to me , especially as its about the consideration period and the EA2010

Clearly the signage hasn't been updated since Ocean moved from the BPA to the IPC last year 

Thank you the only thing I'm confused about is whether they'd class it as consideration or grace period? Since per the new CoP set out by BPA the consideration time based on Annex B would only be 5 minutes but grace period would be 10 minutes

But a disabled person needs more time by law, and the CoP says that too.

IhateFines

Coupon-mad said:

IhateFines said:

Gr1pr said:

Looks OK to me , especially as its about the consideration period and the EA2010

Clearly the signage hasn't been updated since Ocean moved from the BPA to the IPC last year 

Thank you the only thing I'm confused about is whether they'd class it as consideration or grace period? Since per the new CoP set out by BPA the consideration time based on Annex B would only be 5 minutes but grace period would be 10 minutes

But a disabled person needs more time by law, and the CoP says that too.

That's understandable and as expected Ocean Parking have rejected the appeal negating any of the parts about a disabled person needing more time by law and by the new CoP but mainly focusing on the no permit aspect, is it even worth appealing to IAS (I know the newbie thread say's its a waste of time). The tenant of the apartment checked their lease and there is no mention of any parking restrictions or parking management firm and Ocean Parking took over a few months after the tenant had moved in, so was wondering if they could in anyway do anything about this PCN? Only problem is they stupidly have been paying £10 per month per vehicle despite having unrestricted parking access as per their lease, so by them agreeing to the monthly charge would that negate the fact they should have had access to unrestricted parking?

Coupon-mad

IhateFines said:

Coupon-mad said:

IhateFines said:

Gr1pr said:

Looks OK to me , especially as its about the consideration period and the EA2010

Clearly the signage hasn't been updated since Ocean moved from the BPA to the IPC last year 

Thank you the only thing I'm confused about is whether they'd class it as consideration or grace period? Since per the new CoP set out by BPA the consideration time based on Annex B would only be 5 minutes but grace period would be 10 minutes

But a disabled person needs more time by law, and the CoP says that too.

That's understandable and as expected Ocean Parking have rejected the appeal negating any of the parts about a disabled person needing more time by law and by the new CoP but mainly focusing on the no permit aspect, is it even worth appealing to IAS (I know the newbie thread say's its a waste of time). The tenant of the apartment checked their lease and there is no mention of any parking restrictions or parking management firm and Ocean Parking took over a few months after the tenant had moved in, so was wondering if they could in anyway do anything about this PCN? Only problem is they stupidly have been paying £10 per month per vehicle despite having unrestricted parking access as per their lease, so by them agreeing to the monthly charge would that negate the fact they should have had access to unrestricted parking?

Wow they need to stop that arrangement immediately and tell the MA to do one.

Ignore Ocean.

IhateFines

Coupon-mad said:

IhateFines said:

Coupon-mad said:

IhateFines said:

Gr1pr said:

Looks OK to me , especially as its about the consideration period and the EA2010

Clearly the signage hasn't been updated since Ocean moved from the BPA to the IPC last year 

Thank you the only thing I'm confused about is whether they'd class it as consideration or grace period? Since per the new CoP set out by BPA the consideration time based on Annex B would only be 5 minutes but grace period would be 10 minutes

But a disabled person needs more time by law, and the CoP says that too.

That's understandable and as expected Ocean Parking have rejected the appeal negating any of the parts about a disabled person needing more time by law and by the new CoP but mainly focusing on the no permit aspect, is it even worth appealing to IAS (I know the newbie thread say's its a waste of time). The tenant of the apartment checked their lease and there is no mention of any parking restrictions or parking management firm and Ocean Parking took over a few months after the tenant had moved in, so was wondering if they could in anyway do anything about this PCN? Only problem is they stupidly have been paying £10 per month per vehicle despite having unrestricted parking access as per their lease, so by them agreeing to the monthly charge would that negate the fact they should have had access to unrestricted parking?

Wow they need to stop that arrangement immediately and tell the MA to do one.

Ignore Ocean.

Just looking back at the PCN, no where does it mention keeper apart from "Registered Keeper details of this vehicle have been requested from the DVLA through the reasonable cause of perusing an outstanding Parking Charge Notice". 

Where they go into detail about PoFA 2012, they mention "we have the right to recover any unpaid part of the parking charge from you". 

Just wondering whether missing "registered keeper part in the PoFA 2012, would make it non-PoFA compliant and hence keeper liability doesn't arise? 

Coupon-mad

Doesn't necessarily sound non-compliant to me but I've already covered this in my NTK pictures thread that shows everyone all NTKs.  It's designed to stop people making mistakes or showing us endless NTKs and asking if they are PoFA worded.