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PPS private parking solutions - PCN issued whilst passengers in the car

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Comments

  • Coupon-mad
    Coupon-mad Posts: 152,750 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please add paragraph breaks (yes we know).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • ShaunyBoy69
    ShaunyBoy69 Posts: 2 Newbie
    Second Anniversary First Post

    This is my final draft regarding the insufficient time period which I adapted from another thread. What do you think?


    The British Parking Association’s (BPA) Code of Practice clearly outlines the need for parking operators to allow a grace period at the beginning of a driver’s visit. This ensures that motorists have a fair opportunity to read the terms and conditions displayed on signage, consider whether they wish to remain on the site, and if not, leave without penalty.

    The relevant sections of the BPA Code of Practice (Version 8, January 2020) include:

    Section 13.1
    “Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without having their vehicle issued with a parking charge notice.”

    Section 13.2
    “You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.”

    Section 18.5 further reiterates:
    “If a driver is parking with your permission, they must have the chance to read the terms and conditions before they enter into the contract with you. If, having had that opportunity, they decide not to park but choose to leave the car park, you must provide them with a reasonable grace period to leave…”

    In this case, the operator’s evidence consists of two timestamped photographs taken between ___ and ____ on ____, a total span of 1 minute ___. These images are presented to suggest the duration of the vehicle’s presence on site. Therefore, the total duration of the alleged contravention is at most 1 minute and 7 seconds based on the operator’s own evidence.

    This extremely short interval is insufficient time to accept contractual terms. It is both unreasonable and contrary to the BPA Code of Practice to penalise such minimal activity with a Parking Charge Notice.

    Furthermore, this position is supported by the BPA’s own commentary. Kelvin Reynolds, Director of Policy and Public Affairs at the BPA, stated:

    “There must be sufficient time for the motorist to park their car, observe the signs, decide whether they want to comply with the operator’s conditions and either drive away or pay for a ticket.”

    The Code deliberately avoids setting a specific grace period for arrival because it recognises that the time required may vary depending on individual circumstances. However, it is commonly accepted through POPLA precedent and BPA guidance that anything up to 10 minutes is reasonable.

    This was reinforced in a recent POPLA decision (ParkingEye – Tower Road, Newquay) where a visit lasting 11 minutes was deemed to be within a reasonable grace period and not indicative of a parking event. In that case, the Assessor stated:

    “By seeking alternative parking arrangements, the appellant has demonstrated that he did not accept the conditions of the parking contract.”

    While the BPA Code (Section 13.4) explicitly sets 10 minutes as the minimum grace period to leave after parking, it is logical and consistent that an equivalent or similar period should apply before any contract is formed — during the initial arrival and consideration period, particularly when no parking has occurred.

    In my case:

    ·         No contract was entered into; the vehicle was on-site for just over 1 minute.

    ·        The duration was extremely brief — consistent with a driver assessing signage and then choosing to leave.

    ·        The photographic evidence consists only of wide-angle images taken from a distance and does not show whether the vehicle was parked or whether the driver exited the vehicle.

    ·        As such, there is no proof that a parking event took place, nor that the driver remained on site for any purpose other than to decide whether to stay or leave.

    It is therefore respectfully concluded that the Parking Charge Notice should be cancelled, as the BPA Code of Practice has been breached due to the operator’s failure to observe a reasonable grace period for drivers deciding not to park.
    AVOID THIS CAR PARK!!
    i was on holiday, couldn't find a disabled bay,so pulled up to use satnav to search for somewhere else (never left the car),then drove off 
    They clocked me from entry to leaving at 11 mins,and sent me £100 fine!.
    So by that logic they start the time from the second you drive in.
    Meaning if it takes 10 mins to park,pay for an hour,and leave on that hour,they will class it as you've overstayed and send a fine.

    Absolute scam.

    Hope everyone shares all their bad reviews everywhere,and the car park remains empty! 🙄
  • Coupon-mad
    Coupon-mad Posts: 152,750 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 July at 7:03PM
    AVOID THIS CAR PARK!!

    i was on holiday, couldn't find a disabled bay,so pulled up to use satnav to search for somewhere else (never left the car),then drove off 

    They clocked me from entry to leaving at 11 mins,and sent me £100 fine!.
    So by that logic they start the time from the second you drive in.
    Meaning if it takes 10 mins to park,pay for an hour,and leave on that hour,they will class it as you've overstayed and send a fine.

    Absolute scam.

    Hope everyone shares all their bad reviews everywhere and the car park remains empty! 🙄
    Yes but you don't actually PAY it!

    You will now get £170 debt demands to ignore.  See the photos in the 4th post of the NEWBIES thread. Laughable. No paying.

    You can't stop those letters, however you can change the bigger picture!

    Tell the Government about the predatory rip off PCN you were sent for NOT actually parking but only pulling over. No signs were seen. No parking contract existed. Covert surveillance like this must be stopped.

    And tell them about how pointless the debt collector extortion stage is, that you are about to ignore because it provides no service of any value to motorists who have a disputed PCN.

    It's cheaper and far better to defend a court claim and third parties adding any extra money is the main factor that stopped people engaging at pre-action stage.

    THE ENRICHMENT OF 'DEBT RECOVERY FEES' MUST BE COMPLETELY BANNED.

    DISPUTED CASES ARE NOT SOLVED BY DEMANDING MORE MONEY AND ENGINEERING A 'PAYMENT PLAN'.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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