PCN Admin Centre Notice to Keeper/Hirer

Redx wrote: »

having read this thread from page 1 at no time have you mentioned being issued with a popla code , even when your appeal was rejected

so the question is , have you received a popla code ? or not ?

ps:- if the alleged "overstay" was only 11 minutes, it falls under clause #13 of the BPA CoP which allows TWO grace periods , one before of say 5 to 10 minutes, plus one after of OVER 10 minutes

so you need a GRACE PERIOD appeal point included in the popla appeal

Thank you Redx. Yes they did send me a POPLA code. If I attach this text at the end is it OK?

7) Insufficient Grace Period

No period of grace was given for the driver to read the additional signs within the car park, or to exit the car park following the parking period.

This matter appears to flow from an allegation of 'overstay' of a mere 11 minutes, despite the fact this is not an overstay at all and is unsupported by the BPA.

The BPA Code of Practice (13.2) states that parking operators "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." As stated previously, the signs in this car park are insufficient to allow the driver to decide whether parking in the car park would breach any contract.

Kevin Reynolds, Head of Public Affairs and Policy at BPA states that:

‘There is a difference between ‘grace’ periods and ‘observation’ periods in parking and that good practice allows for this.

“An observation period is the time when an enforcement officer should be able to determine what the motorist intends to do once in the car park. The BPA’s guidance specifically says that 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,” he explains.

“No time limit is specified. This is because it might take one person five minutes, but another person 10 minutes depending on various factors, not limited to disability.”

The BPA’s guidance defines the ‘grace period’ as the time allowed after permitted or paid-for parking has expired but before any kind of enforcement takes place.

Kelvin continues: “In the instance of a PCN being issued while a ticket is being purchased, the operator has clearly not given the motorist sufficient time to read the signs and comply as per the operator’s own rules. If a motorist decides they do not want to comply and leaves the car park, then a reasonable period of time should be provided also.”’

In addition, the BPA Code of Practice (13.4) states that the parking operators “should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.”
For the avoidance of doubt, the second 'grace' period of at least ten minutes (not a maximum, but a minimum) is in addition to the separate, first grace/observation period that must be allowed to allow the time taken to arrive, find a parking bay, lock the car and go over to any machine to read & observe the signage terms, before paying.

It is very clear from the evidence that PCN Admin Centre have failed to uphold the minimum grace periods set out in the BPA Code of Practice, as the total time in the car park exceeded the paid period by only 11 minutes.

By any stretch of the imagination, these few minutes are well within what an ordinary independent person assessing the facts would consider reasonable. In fact this case demonstrates significant unreasonableness on the part of this parking operator who appear to be ignoring their Trade Body rules from the BPA.

Edna_Basher wrote: »

The BPA's response is embarrassing and is further evidence that the private parking "industry" is incapable of regulating itself.

C-M - do you mean a follow up email to David Dunford at the DVLA? Could also copy in Steve Clark at the BPA just to highlight how incompetent his colleagues in the BPA Complaints Department really are.

Thanks Edna.

Well hopefully they are now taking my complaint seriously:

"Thank you for your e-mail.

I have been in dialogue with Steve Clark in regards to your complaint and upon further consideration, the decision to open an investigation has been made.

The case reference for this investigation is: BPA-XXXXX

I will now contact the operator for their comments and update you once I have received their response. Please kindly be advised that it can take the operator up to 14 days to investigate and respond to us.

Kind regards,"