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PCN, You may be ticketed.
mashman36
post Sun, 10 Jun 2018 - 16:54
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As previously discussed on here my team do a 24/7 on call emergency rota .
Our new oncall emergency pass now reads ;
Emergency paking after 18:00 till 6am monday to friday.
24 hours parking weekends n bank holidays.
If parked to attend outside these hours you MAY be ticketed.
So basically whatever the pco feels like on any given day ,very presumptuous and erroneous .
Your feeling and opinions please.

This post has been edited by mashman36: Sun, 10 Jun 2018 - 19:44
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post Sun, 10 Jun 2018 - 16:54
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StuartBu
post Sun, 10 Jun 2018 - 17:41
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MAY indicates someone is being given permission to issue a ticket...Would MIGHT be more correct?
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nigelbb
post Sun, 10 Jun 2018 - 17:48
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QUOTE (mashman36 @ Sun, 10 Jun 2018 - 17:54) *
Emergency paking after 18:00 till 6am monday to friday.
24/7 parking weekends n bank holidays.
If parked to attend outside these hours you MAY be ticketed.


In that case you will never be ticketed as 24/7 means 24 hours a day 7 days a week.

This post has been edited by nigelbb: Mon, 11 Jun 2018 - 04:30


--------------------
British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
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DancingDad
post Sun, 10 Jun 2018 - 17:56
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Sounds to me that emergencies will only be responded to after 1800hrs Mon to Friday.
If your company expects you to attend outside of the emergency pass hours, they need to provide the correct permits.
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mashman36
post Sun, 10 Jun 2018 - 19:43
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They couldnt run a bath !
Sorry my bad 24 hours weekends
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notmeatloaf
post Sun, 10 Jun 2018 - 20:54
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I think this conversation goes round in circles, but if your company needs you to park a works vehicle in a particular location (other locations being impractical) then they needs to arrange permission to park there, or in extremis pay any tickets.

I don't think this is really a controversial thing. I work in a hospital where everyone pays for parking - staff and visitors - but contractors park for free because their van is effectively work equipment. And NHS Trusts are not known to give anything away for free if they can scrape a few pennies from it.
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typefish
post Sun, 10 Jun 2018 - 21:38
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This has GDPR written all over it; can we ask for data to be removed before they process it for any potential contractual violations?
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mashman36
post Sun, 10 Jun 2018 - 22:07
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Im going down the route of just refuse to attend!
Its not in my contract ;if you want me to attend i aint paying to bail you out the ****!
Its a complete joke and my company are spineless to fight back.they just let us get penalised.

This post has been edited by mashman36: Sun, 10 Jun 2018 - 22:11
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mashman36
post Mon, 11 Jun 2018 - 13:43
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On a legal basis how do we stand with the May be ticketed aspects!
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DancingDad
post Mon, 11 Jun 2018 - 16:52
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QUOTE (mashman36 @ Mon, 11 Jun 2018 - 14:43) *
On a legal basis how do we stand with the May be ticketed aspects!



Can't see any legal aspects with what your company says.
They are simply warning you of consequences if you park outside of notified times.
There are ramifications such as "We warned you so will not pay for your PCN!" but apart from that.


It is the conflict within the contract concerns me and which I would be insisting is sorted.
You must attend emergency call outs but we expect you to pay any penalties incurred !
Feckin ridiculous and one which I would be looking at as an unfair contract term.
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mashman36
post Thu, 14 Jun 2018 - 17:03
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How can we defend against a pcn for attending out of specified hours and being ticketed .

As previously discussed on here my team do a 24/7 on call emergency rota .
Our new oncall emergency pass now reads ;
Emergency parking after 18:00 till 6am monday to friday.
24 hours parking weekends n bank holidays.
If parked to attend outside these hours you MAY be ticketed.
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The Rookie
post Thu, 14 Jun 2018 - 17:11
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Ignore the May, I really think it’s totalky irrelevant.

Inform your customer you can only attend if they provide free parking, if you get invoiced they pay or get it cancelled, simple.


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southpaw82
post Thu, 14 Jun 2018 - 17:18
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QUOTE (mashman36 @ Thu, 14 Jun 2018 - 18:03) *
How can we defend against a pcn for attending out of specified hours and being ticketed .

As previously discussed on here my team do a 24/7 on call emergency rota .
Our new oncall emergency pass now reads ;
Emergency parking after 18:00 till 6am monday to friday.
24 hours parking weekends n bank holidays.
If parked to attend outside these hours you MAY be ticketed.

What significance are you attaching to the word “may”?


--------------------


Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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mashman36
post Thu, 14 Jun 2018 - 20:51
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QUOTE (southpaw82 @ Thu, 14 Jun 2018 - 18:18) *
QUOTE (mashman36 @ Thu, 14 Jun 2018 - 18:03) *
How can we defend against a pcn for attending out of specified hours and being ticketed .

As previously discussed on here my team do a 24/7 on call emergency rota .
Our new oncall emergency pass now reads ;
Emergency parking after 18:00 till 6am monday to friday.
24 hours parking weekends n bank holidays.
If parked to attend outside these hours you MAY be ticketed.

What significance are you attaching to the word “may”?

I find it very ambiguous,vexatious and open to interpretation.

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southpaw82
post Thu, 14 Jun 2018 - 20:54
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QUOTE (mashman36 @ Thu, 14 Jun 2018 - 21:51) *
QUOTE (southpaw82 @ Thu, 14 Jun 2018 - 18:18) *
QUOTE (mashman36 @ Thu, 14 Jun 2018 - 18:03) *
How can we defend against a pcn for attending out of specified hours and being ticketed .

As previously discussed on here my team do a 24/7 on call emergency rota .
Our new oncall emergency pass now reads ;
Emergency parking after 18:00 till 6am monday to friday.
24 hours parking weekends n bank holidays.
If parked to attend outside these hours you MAY be ticketed.

What significance are you attaching to the word “may”?

I find it very ambiguous,vexatious and open to interpretation.

Does it not simply mean "you might get a ticket, you might not"? What’s wrong with that?


--------------------


Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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mashman36
post Thu, 14 Jun 2018 - 21:00
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QUOTE (The Rookie @ Thu, 14 Jun 2018 - 18:11) *
Ignore the May, I really think it’s totalky irrelevant.

Inform your customer you can only attend if they provide free parking, if you get invoiced they pay or get it cancelled, simple.

our boss isn't interested in the minions and will not upset the client .
The only way I feel and believe is to quash the pcn personally.

QUOTE (southpaw82 @ Thu, 14 Jun 2018 - 21:54) *
QUOTE (mashman36 @ Thu, 14 Jun 2018 - 21:51) *
QUOTE (southpaw82 @ Thu, 14 Jun 2018 - 18:18) *
QUOTE (mashman36 @ Thu, 14 Jun 2018 - 18:03) *
How can we defend against a pcn for attending out of specified hours and being ticketed .

As previously discussed on here my team do a 24/7 on call emergency rota .
Our new oncall emergency pass now reads ;
Emergency parking after 18:00 till 6am monday to friday.
24 hours parking weekends n bank holidays.
If parked to attend outside these hours you MAY be ticketed.

What significance are you attaching to the word “may”?

I find it very ambiguous,vexatious and open to interpretation.

Does it not simply mean "you might get a ticket, you might not"? What’s wrong with that?

but at who's discretion the same individuals that's trying to make money from you!
They can see the emergency call out sign in the window and still ticked us regardless.
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southpaw82
post Thu, 14 Jun 2018 - 21:15
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QUOTE (mashman36 @ Thu, 14 Jun 2018 - 22:00) *
They can see the emergency call out sign in the window and still ticked us regardless.

Right... so presumably that’s a cost of doing business at that site, right? I agree, it’s pretty stupid for them to ticket someone there to help them and there may be arguments against it if it went to court.


--------------------


Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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mashman36
post Thu, 14 Jun 2018 - 23:36
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QUOTE (southpaw82 @ Thu, 14 Jun 2018 - 22:15) *
QUOTE (mashman36 @ Thu, 14 Jun 2018 - 22:00) *
They can see the emergency call out sign in the window and still ticked us regardless.

Right... so presumably that’s a cost of doing business at that site, right? I agree, it’s pretty stupid for them to ticket someone there to help them and there may be arguments against it if it went to court.

So dependent on which side of the bed the pco gets out or what mood the judge is in we are held to ransom by a pcc .
The parking pass says do not cause an obstruction and we park in a particular area which we do and ticks all the relevant boxes and they still ticket us if we park displying our pass outside the set hours.


This post has been edited by mashman36: Thu, 14 Jun 2018 - 23:45
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StuartBu
post Fri, 15 Jun 2018 - 00:39
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QUOTE (southpaw82 @ Thu, 14 Jun 2018 - 21:54) *
QUOTE (mashman36 @ Thu, 14 Jun 2018 - 21:51) *
QUOTE (southpaw82 @ Thu, 14 Jun 2018 - 18:18) *
QUOTE (mashman36 @ Thu, 14 Jun 2018 - 18:03) *
How can we defend against a pcn for attending out of specified hours and being ticketed .

As previously discussed on here my team do a 24/7 on call emergency rota .
Our new oncall emergency pass now reads ;
Emergency parking after 18:00 till 6am monday to friday.
24 hours parking weekends n bank holidays.
If parked to attend outside these hours you MAY be ticketed.

What significance are you attaching to the word “may”?

I find it very ambiguous,vexatious and open to interpretation.

Does it not simply mean "you might get a ticket, you might not"? What’s wrong with that?

So why not use the word "might" then. Might and May are often used wrongly. May tends to suggest " permission" being involved. Apologies if I haven't explained that very well.
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ManxRed
post Fri, 15 Jun 2018 - 09:41
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Wouldn't 'may' get a ticket (you may get one, you may not) be an ambiguous contract term which should be interpreted in favour of the consumer? So 'you may not' is the 'correct' interpretation?

I realise this is a wild and crazy hypothesis, and am happy for it to be ripped apart.


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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