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Overstay of 12/2 minutes

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  • chrishgt4
    chrishgt4 Posts: 50 Forumite
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    Umkomaas wrote: »
    Grace Periods - Kevin or Kelvin?

    You need to account for the usage of the GPs, it’s reading as though it’s an entitlement to a bit of extra free parking time.

    Haha, Kelvin...good spot!!

    So with the GP part - if I follow on from the third paragraph - "...These few minutes are well within what an ordinary independent person assessing the facts would consider reasonable."

    With something along the lines of:

    "The driver took several minutes to find a parking space, and subsequently to decide to continue parking there. Combined with a reasonable amount of time to leave the car park this would have totalled over 15 minutes."
  • Umkomaas
    Umkomaas Posts: 41,354 Forumite
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    edited 2 November 2017 at 11:55AM
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    Something similar, but ‘over 15 minutes’ is imprecise and can look a bit stark to some assessors. There was a case where an Assessor stated that 7 minutes was enough for a particular car park.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • KeithP
    KeithP Posts: 37,650 Forumite
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    chrishgt4 wrote: »
    "The driver took several minutes to find a parking space, and subsequently to decide to continue parking there. Combined with a reasonable amount of time to leave the car park this would have totalled over 15 minutes."
    I would expand that to something like:
    "In this busy car park it took the driver several minutes to find a parking space.

    Around three minutes were needed for the driver to read and understand the complicated terms and subsequently to decide to continue parking there.

    Due to the sheer volume of traffic and numbers of people, together with shopping trolleys, pushchairs, etc., it took at least ten minutes to actually leave the car park.

    These activities easily account for the alleged 13 minutes overstay."
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 2 November 2017 at 3:35PM
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    in post #1 it says 12 minutes alleged "overstay"

    there have been various numbers since then

    but if we assume it was 12 minutes , then it could have been say 4 or 5 minutes to enter, park up , read the signs and do whatever was required

    that is the initial grace period (which is never specified)

    and the "over 10 minutes to leave" could be anything from 1 minute to 30 minutes or 3 hours if there was some major emergency (the second grace period) - but let us assume it was 7 minutes to leave

    so lets say 5 +7

    I fail to see why any apellant would put a higher figure than the initial quoted figure in an assessors mind , dont make them think they adjudicating on 15 minutes if its only 12 total minutes (12 being closer to the qouted 10 minutes in the second part of the clause #13)

    stick to the figure and make it so that the assessor would think "yeah, it would take me 5 minutes to park up and comply with everything , and 7 minutes to leave a busy car park snarled up in the exit traffic due to the busy main road I am emerging onto"
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    Did you have to drive around to find a space? If so, read this


    http://parking-prankster.blogspot.co.uk/2014/03/waiting-for-space-is-not-parking.html
    You never know how far you can go until you go too far.
  • chrishgt4
    chrishgt4 Posts: 50 Forumite
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    Hi guys,

    So I got a reply from POPLA saying that I had not completed their postal appeals form as I had not submitted the appeal online. So I've filled that in ready to resend, but I had a look at the online appeals process and it seems to make it harder in that it limits you to 2000 characters per category and I'm way above that.

    Would you suggest trying to get it to fit into the online forms, or just resubmit by post?
  • Johno100
    Johno100 Posts: 5,259 Forumite
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    chrishgt4 wrote: »
    Hi guys,

    So I got a reply from POPLA saying that I had not completed their postal appeals form as I had not submitted the appeal online. So I've filled that in ready to resend, but I had a look at the online appeals process and it seems to make it harder in that it limits you to 2000 characters per category and I'm way above that.

    Would you suggest trying to get it to fit into the online forms, or just resubmit by post?

    Not sure how computer savvy you are but perhaps convert to PDF and submit as an attachment and just state to see attachment in the online form.
  • Redx
    Redx Posts: 38,084 Forumite
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    the ideal method is a pdf

    normally people choose OTHER and attach the pdf

    if they will accept an email from you , attach the pdf to it
  • chrishgt4
    chrishgt4 Posts: 50 Forumite
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    Thanks guys - I did not see the option to attach so I will do that now!
  • chrishgt4
    chrishgt4 Posts: 50 Forumite
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    So I got my confirmation of successful appeal today. Thanks again everyone!
This discussion has been closed.
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