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sputnik365
post Tue, 17 Apr 2018 - 21:41
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http://www.itv.com/news/wales/2018-04-13/m...it-at-hospital/
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post Tue, 17 Apr 2018 - 21:41
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Jlc
post Tue, 17 Apr 2018 - 21:55
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Too right, the signs were clear and visible. laugh.gif


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RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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peterguk
post Tue, 17 Apr 2018 - 22:05
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Can;t beleive he paid it!



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Jlc
post Wed, 18 Apr 2018 - 08:12
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QUOTE (peterguk @ Tue, 17 Apr 2018 - 23:05) *
Can't believe he paid it!

The picture shows him with a LBCCC so it appears the sausage machine was going to raise an actual claim.

I doubt they would have taken it to a hearing mind.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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The Rookie
post Wed, 18 Apr 2018 - 08:49
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As parking eye are not usually that fast and loose with the CoP, I do wonder if there is something else about this case we aren’t knowing.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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Jlc
post Wed, 18 Apr 2018 - 09:36
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Possibly, but I believe they progress their POPLA victories when they have authority to sue.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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nigelbb
post Wed, 18 Apr 2018 - 10:13
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I too wonder if there is more to this one as both PE & POPLA know that the CoP mandates a grace period for departing at the end of parking which must be more than 1 second.


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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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ManxRed
post Wed, 18 Apr 2018 - 13:05
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Did it not dawn on him that passing between a camera twice isn't the same as the length of time actually parked, or have I missed something?


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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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Jlc
post Wed, 18 Apr 2018 - 13:56
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QUOTE (nigelbb @ Wed, 18 Apr 2018 - 11:13) *
I too wonder if there is more to this one as both PE & POPLA know that the CoP mandates a grace period for departing at the end of parking which must be more than 1 second.

You know how POPLA works... Unless the appellant raised the question over grace periods then they would conclude the PCN was 'correctly issued'. It's plain wrong but that's what happens.

Indeed, the CoP says:

QUOTE
13.2 If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes.


So even a '20 minute only short stay' parking area is covered... They appear to be in breach of the CoP.

QUOTE (ManxRed @ Wed, 18 Apr 2018 - 14:05) *
Did it not dawn on him that passing between a camera twice isn't the same as the length of time actually parked, or have I missed something?

Computer says no. They are obviously running a 0 seconds grace period.

This post has been edited by Jlc: Wed, 18 Apr 2018 - 13:58


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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nigelbb
post Wed, 18 Apr 2018 - 14:00
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QUOTE (Jlc @ Wed, 18 Apr 2018 - 14:56) *
QUOTE (nigelbb @ Wed, 18 Apr 2018 - 11:13) *
I too wonder if there is more to this one as both PE & POPLA know that the CoP mandates a grace period for departing at the end of parking which must be more than 1 second.

You know how POPLA works... Unless the appellant raised the question over grace periods then they would conclude the PCN was 'correctly issued'. It's plain wrong but that's what happens.

Indeed, the CoP says:

QUOTE
13.2 If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes.


So even a '20 minute only short stay' parking area is covered...

QUOTE (ManxRed @ Wed, 18 Apr 2018 - 14:05) *
Did it not dawn on him that passing between a camera twice isn't the same as the length of time actually parked, or have I missed something?

Computer says no. They are obviously running a 0 seconds grace period.

Exactly. As a minimum of 10 minutes is mandated in the CoP with a “must” the PPC & POPLA should automatically add ten minutes to any limit i.e. 20 minutes maximum stay is actually 30 minutes.


--------------------
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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cp8759
post Wed, 18 Apr 2018 - 18:54
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QUOTE (peterguk @ Tue, 17 Apr 2018 - 23:05) *
Can;t beleive he paid it!

Indeed, it would have been a good one to take to court and ask for costs on the grounds of being a wholly unreasonable claim.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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The Rookie
post Wed, 18 Apr 2018 - 19:05
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Assuming the facts and basis for the claim are as reported, I’m fairly confident we don’t have all the relevant information as PE, while being the most litigious, are also the most structured and I don’t recall seeing any from them where the alleged time was within the mandated grace period (may have been 1s outside it which would be very defendable in court of course).


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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